[Law Amendment] Relaxed Requirements for Restoring Applicants' Rights Where There Is "Justifiable Reason" (Effective 2022.04.20)

The amended Patent Act took effect on April 20, 2022, and the changes call for attention in practice.

For invalidation of procedures (Article 16 of the Patent Act), restoration of patent applications (Article 67-3) and restoration of patent rights (Article 81-3), relief was previously available only where there was a "reason not attributable to the applicant." It is now available where there is a "justifiable reason."

This is because the "reason not attributable" standard under the previous law was applied so narrowly that it was difficult to invoke except in extreme situations, such as genuine natural disasters like earthquakes, and relief was not available in cases such as system failures.

KIPO reportedly plans to publish examination guidelines on the restoration of rights. At present, i) failure to file documents due to a system failure and ii) failure to pay patent fees due to the applicant's loss of consciousness are cited as examples of justifiable reasons.

Going forward, if an applicant misses the amendment deadline under Article 16, the examination request deadline or reexamination request deadline under Article 67-3, or the registration fee or annuity payment deadline under Article 81-3 for a recognized "justifiable reason," relief is available within two months from the date the reason ceases to exist, and applicants should make use of it.

LNB IP Law Firm