The deadline: three months
Both routes run from the date the refusal decision is received: three months. The appeal period can be extended once, by up to 30 days, on request; re-examination can then also be requested within the extended period. A divisional application can be filed within the same period.
Re-examination: amend and ask again
- The description, claims or drawings must be amended with the request; arguments can be added.
- Claim amendments are limited to narrowing claims, correcting errors, clarifying unclear wording, or returning to earlier claims when an amendment went beyond the original disclosure.
- The refusal is treated as cancelled and the examiner examines the application again. The request cannot be withdrawn.
- Re-examination is available once. If the application is refused again, the next step is an appeal.
Appeal: challenge the decision as it stands
- The appeal goes to the Intellectual Property Trial and Appeal Board. Once an appeal is filed, re-examination is no longer possible.
- The claims cannot be amended during the appeal, so the appeal is decided on the claims as refused.
- If the appeal is dismissed, an action can be brought before the Patent Court within 30 days of the decision, and a separate application can be filed within the same 30 days for claims that were not refused.
Choosing
As a rule of thumb: if an amendment can overcome the examiner's reasons at an acceptable scope, re-examination is quicker and cheaper. If the examiner was wrong about the claims as they stand, or no useful amendment is possible, appeal. Re-examination can also be requested after a decision to grant, before registration, to amend the claims.
Working with us
We report the refusal in English with the examiner's reasons, the deadline and our recommendation, and we quote both routes so you can compare them.
Questions
How long do I have after a refusal in Korea?
Three months from receiving the refusal decision, for re-examination, appeal or a divisional application. The appeal period can be extended once by up to 30 days.
Can I amend the claims in a Korean appeal?
No. Amendments are made with a request for re-examination. An appeal is decided on the claims as refused.
Can I request re-examination more than once?
No. Re-examination is available once; after a second refusal the route is an appeal.
What happens if the appeal is dismissed?
An action can be brought before the Patent Court within 30 days, and a separate application can be filed within the same 30 days for claims that were not refused.
Legal basis
- Patent Act, Art. 67-2 — re-examination: period, once only, no withdrawal
- Patent Act, Art. 47 — amendment periods and limits on claim amendments (para. 3)
- Patent Act, Art. 132-17 — appeal within three months
- Patent Act, Art. 15 — extension of the appeal period, once, up to 30 days
- Patent Act, Art. 186 — action before the Patent Court within 30 days
- Patent Act, Art. 52-2 — separate application after an appeal is dismissed