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KOREAN PATENT: REFUSAL AND APPEAL
Notification of reason for refusal
If the examiner finds grounds for refusal under Article 62 of the Patent Act, a notice of the grounds for refusal will be issued to the applicant and the opportunity to submit an argument will be given after determining the period.
Written opinion / amendment
An applicant can amend the description or the drawing(s) attached to the written patent application before the certified copy of the decision to grant a patent is delivered. But, in case the applicant receives a notice of the grounds for rejection from the examiner, the applicant can make amendments within the period of submitting a written amendment based on the notice of the grounds for rejection. In addition, in the case where the grounds for rejection occurred due to an amendment, the application can be amended within the period of submitting the written amendment on the relevant notice or a reexamination is requested.

The amendment can be done within the scope of matters disclosed in the description or the drawing(s) originally attached to the written patent application.

In the case where the grounds for rejection occurred due to an amendment, the amendment is possible only in the event that the claim(s) is limited or deleted, the scope of the claim is reduced by adding to the claim(s), any incorrect description is corrected or unclear description is written clearly within matters disclosed in the description or the drawing(s) originally attached to the written patent application, or the scope of the claim returns to before the amendment, responding to the grounds for rejection on the addition of new matters.
Reconsideration of reason for refusal
In the event where the grounds for rejection are found as a result of a reexamination after an amendment is submitted, the grounds for final rejection are to be informed. In a case where the grounds for dismissal of an amendment are in an amendment after informing of the grounds for final rejection are found, the examiner dismisses the amendment and examines the previous description.

But, when the grounds for rejection are not found by the examiner after reexamination, the relevant application is accepted for registration. The application is determined to be rejected in cases where the grounds for rejection still exist after the notification.
Decision of refusal
As a result of the reexamination of the amendment submitted after the notice of the grounds for rejection, and in the event that the grounds for rejection under Article 62 of the Patent Act still exist, the application is determined to be rejected.
Appeal against examiner's decision of refusal
A trial will be held when the applicant who has received a decision of rejection wants to appeal the decision and requests to cancel it with the Intellectual Patent Tribunal.
Appeal decision to maintain examiner's decision of refusal
When an appeal of the decision to reject is claimed, an administrative patent judge of the Intellectual Patent Tribunal can decide to dismiss in the event that he or she acknowledges the claim is not reasonable.
Appeal decision to revoke examiner's decision of refusal
When the appeal of the decision to reject is claimed, an administrative patent judge of the Intellectual Patent Tribunal can cancel the decision to reject in the event that he or she acknowledges the claim is reasonable.
Patent Court
An action against a trial decision or dismissal of a request for a trial or retrial of the Intellectual Patent Tribunal can be filed in the patent court, and the court will decide the grounds for the claim(s).
Supreme Court
When the person objects to the decision of the patent court on the patent litigation, he or she can appeal to the supreme court, claiming the decision violates the laws and regulations.
Read more about Korean Patent here :
Korean Patent System
What is a Korean Patent?
Information on Korean Patent Applications
Korean Patent Examination System
PCT National Phase Entry into Korea
Application Procedure for Patents in Korea
Filing Requirements
Examination
Registration
Refusal and Appeal
Application Procedure for Utility Models in Korea
Filing Requirements
Examination
Registration and Technical Evaluation
Application Procedure for Layout Designs in Korea
Filing Requirements
Effect of Layout Designs Rights
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