The Korean Intellectual Property Office (“KIPO”) recently announced that batch examination is now available for all types of IP applications. The Batch examination allows an applicant to pool together multiple IP applications related to a common product into one examination basket to be processed according to an applicant’s designated timeline. The applicant can seek the examination of multiple applications within a unified examination time frame that can be set according to the applicant’s request.
Applications that qualify for batch examination include
- Patent and utility model applications,
- Trademark applications and
- Design applications
- An Applicant should request for the Batch examination.
- All the applications should relate to a single product and each IP application in the batch should be waiting for a first office action.
- An IP Application should fall under one of the following categories:
- Applications are practiced or under preparation of being practiced by the applicant in Korea (“Self-practice”);
- Applications are directly related to the promotion of exportation;
- Applications are filed by a venture business enterprise or a technologically innovative small or medium sized company qualified under relevant laws; or
- Applications are derived from developments by an individual or creative company qualified under the relevant laws.
- Foreign applicants seeking batch examination will typically qualify under the first category of self-practice in Korea.
- An applicant must file a formal request along with evidence supporting the grounds for requesting batch examination.
- In the case of self-practice, in principle, an applicant may submit evidentiary documents such as photographs, product manuals, invoices or other documents showing that the applications are practiced or under preparation of being practiced by the applicant.
Additionally, the applicant is required to set a desired timeline at the time of filing a request for batch examination.
The applicant should designate
- A date for a mandatory technical session with the examiner(s) within seven to fourteen days after filing the request for batch examination,
- An examination undertaking date, which is fourteen days after the technical session date (this is the date when the examiner(s) is expected to issue a first office action),
- An examination closure date, which is between three months to one year after the undertaking date
By Akshatha Karthik