Three windows
Part of a Korean patent application can be filed as one or more divisional applications, within what was disclosed in the description and drawings as originally filed, at these times:
- While amendments are allowed. Until a decision to grant is delivered; once an office action has been issued, only within the period set for the response.
- Within three months of a refusal decision. If the appeal period is extended, the divisional period follows it.
- Within three months of a decision to grant, or until registration if that comes earlier. Registration follows payment of the registration fee, so a divisional must be filed before paying if the payment would close the window.
An application filed in English under the Paris route can be divided only after its Korean translation has been filed. For a PCT national phase application, we file the divisional once the national phase has been completed and amendments are open.
Filing date and priority
A divisional application keeps the filing date of the original application, and priority claims of the original carry over. Certified copies of the priority documents can be filed within three months of the divisional filing date, even if the original period has passed.
Examination request
Examination of a divisional must be requested within three years of the original filing date or within 30 days of filing the divisional, whichever ends later. Without a request, the divisional is deemed withdrawn.
After a failed appeal: the separate application
If an appeal against a refusal is dismissed, a divisional is no longer possible, but within 30 days of receiving the appeal decision the applicant can file a separate application (분리출원) limited to claims that were not refused, or refused claims with the rejected alternatives deleted. A separate application cannot itself be divided or separated again.
Working with us
When we report a decision to grant or a refusal, we give you the last day to divide and ask whether any subject matter should be kept pending before the registration fee is paid.
Questions
When can a Korean patent application be divided?
While amendments are allowed (before a decision to grant, and after an office action only within the response period), within three months of a refusal decision, and within three months of a decision to grant or until registration if earlier.
Can I divide after the decision to grant in Korea?
Yes, within three months of receiving the decision to grant, but not after the patent is registered. Paying the registration fee early can close the window.
When must examination of a divisional be requested?
Within three years of the original filing date or within 30 days of filing the divisional, whichever ends later.
What if the appeal against a refusal fails?
Within 30 days of the appeal decision, a separate application (분리출원) can be filed for claims that were not refused or with the rejected alternatives deleted.
Legal basis
- Patent Act, Art. 52 — divisional application: periods (para. 1), filing date (para. 2), priority documents (para. 6)
- Patent Act, Art. 52-2 — separate application after an appeal is dismissed
- Patent Act, Art. 47 — amendment periods
- Patent Act, Art. 59 — examination request for a divisional (para. 3), deemed withdrawal (para. 5)
- Patent Act, Art. 208 — amendments of international applications