Brief summary
- A Korean patent application does not lapse on the day the period for submission of a written argument is missed. The examiner examines the application again and issues a decision of rejection (decision to reject a patent application) if the ground for rejection has not been overcome.
- A request for extension of the period or a written amendment filed after the period has passed is returned. A written argument filed late is accepted and taken into account in the examination.
- Within 3 months from the date on which the certified copy of the decision of rejection is served, the applicant can request re-examination, file an appeal against the examiner’s decision to reject a patent application (trial on rulings rejecting patent applications), or file a divisional application.
- The 3 months apply to applications for which the certified copy of the decision of rejection was served on or after 20 April 2022. For applications served before that date, the period was 30 days.
The provisions are those of the Patent Act (특허법) in force from 11 November 2025. The amounts are those of the Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙) in force from 27 February 2026. Last verified on 9 October 2026.
Last verified
Consequences and remedies at a glance
As of October 2026. The periods are those that apply to applications for which the certified copy of the decision of rejection was served on or after 20 April 2022.
| Item | Rule | Basis |
|---|---|---|
| Request for extension of the period filed after the period | Returned after the applicant is given an opportunity to explain; the official fee paid is refunded | Enforcement Rules, Art. 11(1), subparagraph 9; Examination Guidelines, Part 1, Chapter 3, 4.2(4) |
| Written amendment filed after the period | Returned | Patent Act, Art. 47(1); Examination Guidelines, Part 5, Chapter 3, 6.1.3(3) and 6.2(3) |
| Written argument filed after the period | Accepted and taken into account | Examination Guidelines, Part 5, Chapter 3, 6.2(3) |
| Disposition by the examiner | Examines again; decision of rejection if the ground for rejection has not been overcome | Patent Act, Art. 62; Handling Regulations, Art. 26(3) |
| Request for re-examination | Within 3 months from the date on which the certified copy of the decision of rejection is served, together with an amendment of the specification or drawings | Patent Act, Art. 67-2(1) |
| Fee for request for re-examination | KRW 100,000 + (number of claims × KRW 10,000) | Fee Regulation, Art. 2(1), subparagraph 7-2 |
| Appeal against the decision to reject | Within 3 months from the date on which the certified copy of the decision of rejection is served | Patent Act, Art. 132-17 |
| Trial request fee (filed electronically) | KRW 150,000 + (number of claims × KRW 15,000) | Fee Regulation, Art. 2(3), subparagraph 1 (a) |
| Divisional application | Within 3 months from the date on which the certified copy of the decision of rejection is served | Patent Act, Art. 52(1), subparagraph 2 |
| Extension of the 3 months | The period for filing a petition for trial can be extended once, by up to 30 days. The periods for re-examination and a divisional application are extended with it. The request for extension must be filed before the 3 months end. The fee for a request for extension of a statutory period is KRW 20,000 for the first extension | Patent Act, Arts. 15(1), 67-2(1) and 52(1), subparagraph 2; Enforcement Rules, Art. 11(1), subparagraph 9; Fee Regulation, Art. 2(1), subparagraph 13 (a) and Art. 2(3), subparagraph 11 (a) |
| Period for requesting re-examination also missed | With good cause, re-examination can be requested within 2 months from the date on which the cause ceases to exist and within 1 year from the expiration date of the period | Patent Act, Art. 67-3(1) |
| Period for filing a petition for trial also missed | With a cause not attributable to the person, the appeal can be subsequently completed within 2 months from the date on which the cause ceases to exist and within 1 year from the expiration date of the period | Patent Act, Art. 17 |
The Patent Act calls this notice a “notice of grounds for rejection” (거절이유통지). [1] The document that the applicant receives is titled “Notice of Preliminary Rejection” (의견제출통지서). [6] This article uses the two in the same sense.
Missing the deadline does not end the application on that day
An application whose period for submission of a written argument has passed is not treated as withdrawn or abandoned. The examiner examines it again and decides. The period for submission of a written argument is the period that the examiner sets when giving a notice of grounds for rejection (Patent Act, Art. 63(1)). [1] The examiner sets this period within 4 months (Enforcement Rules of the Patent Act (특허법 시행규칙), Art. 16(1), subparagraph 2). [3] Before the amendment that entered into force on 11 July 2025, the same article set the range at within 2 months. [9] The calculation and extension of the period are covered in another article in this series, “How long do I have to respond to a Korean office action? Period for submission of a written argument, extensions and fees“.
If no written argument and no written amendment are filed within the period, the examiner examines the application again. Article 26(3) of the Regulations for the Handling of Patent and Utility Model Examination Affairs (특허·실용신안 심사사무취급규정, “Handling Regulations”) describes this case as one in which a decision of rejection is made as a result of examining again. [5] Article 62 of the Patent Act requires the examiner to issue a decision of rejection for an application that falls under a ground for rejection. [1]
Article 63 of the Patent Act contains no wording that deems an application withdrawn or abandoned when no written argument is filed. [1] The Patent Examination Guidelines (특허·실용신안 심사기준, “Examination Guidelines”) also describe this case as a decision of rejection made with no written argument and no written amendment filed. [6]
The result is the same when the notice raised grounds for rejection against only some of the claims. The Examination Guidelines state that a decision of rejection is issued for the patent application if even one claim has a ground for rejection. [6]
Where no written argument and no written amendment were filed, the written decision of rejection may not state the reasons for the decision separately. [5][6] In that case, the Examination Guidelines treat the Notice of Preliminary Rejection as the basis of the decision of rejection. [6]
Invalidation of the procedure under Article 16 of the Patent Act concerns a different notice. Article 16(1) covers a person who received an order to amend under Article 46 and did not amend within the designated period (specified period). [1]
After the period, extension and amendment are no longer possible
Once the period for submission of a written argument has passed, the applicant cannot obtain an extension, file an amendment or file a divisional application until the decision of rejection. A written argument is accepted.
A request for extension must be filed before the period ends. Under Article 11(1), subparagraph 9 of the Enforcement Rules, a request for extension of the period filed after the period designated by the examiner has passed is not a lawful document. [3] The Examination Guidelines state that such a request is returned after the applicant is given an opportunity to explain, and that the official fee paid with it is refunded. [6] For an application whose period has already been extended, the question is whether the extended period has passed. [6]
A written amendment is also returned. After a notice of grounds for rejection, an amendment can be filed only within the period for submission of a written argument for that notice and when requesting re-examination (Patent Act, Art. 47(1)). [1] The Examination Guidelines provide that a written amendment filed after the period designated in the notice of grounds for rejection is returned. [6]
A written argument is treated differently. The Examination Guidelines state that a written argument filed after the period is not a document to be refused, and it is accepted and taken into account. [6] However, if the written argument describes an intended amendment and no written amendment is filed, the examination is based on the specification as it stood at the time of the notice of grounds for rejection. [6]
A divisional application cannot be filed in this interval either. After a notice of grounds for rejection, there are three times for filing a divisional application: within the period for submission of a written argument, when requesting re-examination, and within 3 months from the date on which the certified copy of the decision of rejection is served. [1][6]
The relief provisions of the Patent Act do not cover the period for submission of a written argument. In the main text of the Patent Act, four provisions give relief counted from “the date on which the cause ceases to exist”: Art. 16(2), Art. 17, Art. 67-3 and Art. 81-3. [1] Article 16(2) covers invalidation of the procedure for failure to comply with an order to amend. Article 17 covers the periods for filing a petition for trial and a petition for retrial. Article 67-3 covers the periods for requesting examination and re-examination. Article 81-3 covers the period for late payment of annual fees and the period for payment of under-paid patent fees. [1]
After a decision of rejection, three actions are available within 3 months
The 3 months from the date on which the certified copy of the decision of rejection is served are the period in which an application that missed the deadline can be revived. In this period, the applicant can request re-examination, file an appeal against the decision to reject, or file a divisional application. [1]
Request for re-examination
The applicant can request re-examination by amending the specification or drawings within 3 months from the date on which the certified copy of the decision of rejection is served (Patent Act, Art. 67-2(1)). [1] When re-examination is requested, the earlier decision of rejection is deemed revoked (Art. 67-2(3)). [1] The exception is where the procedure for requesting re-examination is invalidated under Article 16(1) of the Patent Act (proviso to Art. 67-2(3)). [1] The applicant can file a written argument together with the request for re-examination (Art. 67-2(2)). [1]
Re-examination is requested by a written amendment. The person making the request files a written amendment in Form 9 that states this purpose (Enforcement Rules, Art. 37-2(1)). [3] A document that requests re-examination without an amendment is returned (Enforcement Rules, Art. 11(1), subparagraph 19). [3]
Re-examination cannot be requested in three cases: where a decision to grant or reject has already been made after re-examination, where an appeal against the decision to reject has been filed, and where the application is a separational application (splitting-off) (proviso to Art. 67-2(1)). [1] The second case does not include a case in which the decision of rejection was revoked in the appeal. [1] A request for re-examination cannot be withdrawn (Art. 67-2(4)). [1]
The amendment of the claims at the time of requesting re-examination is limited in scope. Article 47(3) of the Patent Act limits it to four cases. [1]
| No. | Amendment of the claims permitted when requesting re-examination |
|---|---|
| 1 | Narrowing the claims by limiting or deleting a claim, or by adding to a claim |
| 2 | Correcting a clerical error |
| 3 | Clarifying an ambiguous description |
| 4 | Returning an amendment that went beyond the scope of Art. 47(2) to the claims before that amendment, or returning it and amending under 1 to 3 |
Article 47(3) applies only to amendments under subparagraphs 2 and 3 of Article 47(1). [1] This limit does not apply to an amendment filed within the period for submission of a written argument for a notice of grounds for rejection under subparagraph 1 of Article 47(1). [1] An applicant who missed the deadline for that notice therefore amends within a narrower scope.
The examiner dismisses the amendment by a decision if the amendment filed with the request for re-examination violates Article 47(2) or (3). The same applies where the amendment is found to give rise to a new ground for rejection (Patent Act, Art. 51(1)). [1] A new ground for rejection caused by an amendment that deletes a claim is excluded from the grounds for dismissal. [1]
The fee for request for re-examination is KRW 100,000 plus KRW 10,000 per claim (Fee Regulation, Art. 2(1), subparagraph 7-2). [4]
Appeal against the decision to reject
A person who has received a decision of rejection can file an appeal within 3 months from the date on which the certified copy of the decision is served (Patent Act, Art. 132-17). [1] Once an appeal has been filed, re-examination cannot be requested (Art. 67-2(1), subparagraph 2). [1]
Article 47(1) of the Patent Act limits the times for amendment after a notice of grounds for rejection to three: the periods for submission of a written argument for the two kinds of notice of grounds for rejection, and the time of requesting re-examination. [1] The time of filing an appeal is not among the three. [1]
The trial request fee for an appeal filed electronically is KRW 150,000 plus KRW 15,000 per claim. If the appeal is filed on paper, the basic fee is KRW 170,000 (Fee Regulation, Art. 2(3), subparagraph 1). [4]
Divisional application
The applicant can file a divisional application within 3 months from the date on which the certified copy of the decision of rejection is served (Patent Act, Art. 52(1), subparagraph 2). [1] The scope of a divisional application is the matter described in the specification or drawings originally attached to the written patent application of the original application (parent application) (Art. 52(1)). [1]
Extension of the 3 months, and when the decision becomes final and conclusive
The period for filing a petition for trial can be extended once, by up to 30 days, on request or ex officio (Patent Act, Art. 15(1)). [1] A person in an area with poor access to transport, such as an island or a remote area, can receive one more extension of up to 30 days (Patent Act, proviso to Art. 15(1); Enforcement Rules, Art. 16(4)). [1][3] When the period for filing a petition for trial is extended, the periods for requesting re-examination and for filing a divisional application become that extended period (Art. 67-2(1) and Art. 52(1), subparagraph 2). [1]
The request for extension must be filed before the 3 months end. Under Article 11(1), subparagraph 9 of the Enforcement Rules, a request for extension of the period filed after the period for filing a petition for trial has passed is not a lawful document. [3] The Examination Guidelines state that, when a request for extension of a statutory period is filed, the President of the Intellectual Property Trial and Appeal Board (특허심판원) decides whether to approve it. [6] The fee for a request for extension of a statutory period under the Fee Regulation is KRW 20,000 for the first extension (Art. 2(1), subparagraph 13 (a), and Art. 2(3), subparagraph 11 (a)). [4]
If the period passes with no request for re-examination and no appeal, the decision of rejection becomes final and conclusive. [1][6]
The 3 months apply where the certified copy was served on or after 20 April 2022
The period for requesting re-examination, filing an appeal and filing a divisional application after a decision of rejection was extended from 30 days to 3 months by the amendment that entered into force on 20 April 2022. [1][2][6]
The Addenda to the amending Act (Act No. 18505) divide the applications by the time of service of the certified copy. Article 67-2(1) on re-examination applies to patent applications for which the certified copy of the decision of rejection is served on or after the date of entry into force (Addenda, Art. 7). [1] The same applies to Article 132-17 on appeals (Addenda, Art. 11). [1] Article 52(1) on divisional applications applies to divisional applications based on an application for which the certified copy of the decision of rejection is served on or after the date of entry into force (Addenda, Art. 3(1)). [1]
| Date on which the certified copy of the decision of rejection is served | Period for re-examination, appeal and divisional application |
|---|---|
| Up to 19 April 2022 | Within 30 days from the date of service |
| From 20 April 2022 | Within 3 months from the date of service |
Materials that give 30 days follow the provisions before the amendment. Before the amendment, Article 52(1), subparagraph 2, Article 67-2(1) and Article 132-17 of the Patent Act set the period at 30 days. [2]
Relief after the 3 months are also missed is narrow
An application that has also passed the 3 months after the decision of rejection is given relief only where there is a cause.
The first case is where the decision of rejection is found to have become final and conclusive because the period for requesting re-examination was not met for good cause. The applicant can request re-examination within 2 months from the date on which the cause ceases to exist. The request cannot be made once 1 year has passed from the expiration date of the period for requesting re-examination (Patent Act, Art. 67-3(1)). [1] When this request is made, the decision of rejection is deemed not to have become final and conclusive (Art. 67-3(2)). [1] The requirement of Article 67-3 changed on 20 April 2022 from “a cause not attributable to the person” (책임질 수 없는 사유) to “good cause” (정당한 사유). [1][2]
The second case is where the period for filing a petition for trial was not met for a cause not attributable to the person. The appeal can be subsequently completed within 2 months from the date on which the cause ceases to exist. This cannot be done once 1 year has passed from the expiration date of the period for filing a petition for trial (Patent Act, Art. 17). [1]
In both cases, the applicant files a request in Form 10 with a document proving the reason for the lapse of the period (Enforcement Rules, Art. 17). [3] The fee for a request for relief after the lapse of a period is KRW 15,000 if the request is filed electronically and KRW 17,000 if it is filed on paper. The Fee Regulation sets the same amount for official fees relating to applications (Art. 2(1), subparagraph 14) and for official fees relating to petitions for trial (Art. 2(3), subparagraph 12). [4]
Example: certified copy of the decision of rejection served on 10 December 2026
The schedule assumes that no response was filed within the period for submission of a written argument and that the certified copy of the decision of rejection was served on 10 December 2026. It assumes 10 claims and no fee reduction.
| Procedure | Time limit | Official fee |
|---|---|---|
| Request for re-examination | 10 March 2027 (Wednesday) | Fee for request for re-examination KRW 200,000 |
| Appeal against the decision to reject (filed electronically) | 10 March 2027 (Wednesday) | Trial request fee KRW 300,000 |
The time limit for a divisional application is the same day, 10 March 2027. 10 March 2027 is a Wednesday, and temporary public holidays are not taken into account.
The first day of a period is not counted (Patent Act, Art. 14, subparagraph 1). [1] The period starts on 11 December 2026, the day after service, and the 3 months end on 10 March 2027 (Art. 14, subparagraph 3). [1] If the last day of a period is a public holiday or a Saturday, the period ends on the next day (Art. 14, subparagraph 4). [1]
The fee for request for re-examination is KRW 100,000 plus KRW 100,000 for 10 claims, which is KRW 200,000. The trial request fee is KRW 150,000 plus KRW 150,000 for 10 claims, which is KRW 300,000. [4]
If the period for filing a petition for trial is extended by 30 days, the time limit for all three procedures becomes 9 April 2027 (Friday). The Examination Guidelines state that a period of extension under Article 15 of the Patent Act is counted from the day after the designated period expires. [6] That sentence is written for a designated period. In this example, the 30th day counted from 11 March 2027 is 9 April. The result is the same day if 10 March is treated as the first day and is not counted (Patent Act, Art. 14, subparagraph 1). [1]
How Korea differs
In Korea, an application that missed the deadline is not treated as abandoned or withdrawn. It goes through a decision of rejection.
| Jurisdiction | Application that missed the deadline | How to revive it | Basis |
|---|---|---|---|
| Korea | The examiner examines again and issues a decision of rejection | Request for re-examination with an amendment, or an appeal, within 3 months from the date of service of the certified copy of the decision of rejection | Patent Act in force from 11 November 2025 [1] |
| United States | The application becomes abandoned | Petition to revive if the delay was unintentional. The reply, the petition fee and a statement that the entire delay was unintentional, among others, are required | 37 CFR 1.135(a), 1.137(a) and (b) [7] |
| Europe (EPO) | The application is deemed withdrawn | Request for further processing: within 2 months of the communication concerning the failure to observe a time limit or a loss of rights, pay the fee and complete the omitted act | Article 94(4), Article 121, Rule 135(1) EPC [8] |
The US and European remedies are procedures for filing the missed response itself at a later time. [7][8] Korean re-examination is a procedure in which the applicant files a written amendment after receiving a decision of rejection and is examined again. [1] For this reason, in Korea a written amendment cannot be filed between the missed deadline and the arrival of the certified copy of the decision of rejection.
A US petition to revive can be filed when the delay was unintentional. [7] Article 67-2 of the Korean Patent Act does not make the reason for the delay a requirement for requesting re-examination. A request for re-examination after those 3 months requires good cause. [1]
What applicants should do
- In general, if a response is likely to be late, we suggest requesting an extension before the period ends. A request for extension filed after the period has passed is returned.
- If the applicant learns before the decision of rejection that the period has passed, filing at least a written argument first is worth considering. An amendment must wait until the request for re-examination.
- On receipt of a certified copy of a decision of rejection, we suggest first recording the 3-month time limit counted from the date on which the certified copy is served.
- For an application in which an amendment can overcome the ground for rejection, we suggest considering a request for re-examination first. Keep in mind that the amendment of the claims at that time is limited to narrowing and the other permitted cases.
- For an invention whose claims need to be broadened, we suggest also considering a divisional application within the same 3 months.
- The time limit and the response in an individual case should be confirmed with a Korean agent.
FAQ
Is the application deemed abandoned if the office action deadline is missed?
No. The examiner examines the application again and issues a decision of rejection if the ground for rejection has not been overcome. [1][5]
Can an extension be requested after the deadline has passed?
No. A request for extension of the period filed after the designated period has passed is returned, and the official fee is refunded. [3][6]
Is the time limit after a decision of rejection 30 days or 3 months?
It is 3 months for applications for which the certified copy of the decision of rejection was served on or after 20 April 2022. [1] For applications served before that date, it was 30 days. [2]
Is an amendment always required to request re-examination?
Yes, a written amendment must be filed. Re-examination is requested by amending the specification or drawings (Patent Act, Art. 67-2(1)). [1] The Examination Guidelines treat even an amendment in form that does not change the substance as an expression of the intention to request re-examination. [6]
Is there any remedy if the period for requesting re-examination is also missed?
With good cause, re-examination can be requested within 2 months from the date on which the cause ceases to exist. The request cannot be made once 1 year has passed from the expiration date of the period for requesting re-examination (Patent Act, Art. 67-3). [1]
How DEFINE IP Law Firm handles this
DEFINE IP Law Firm checks the date of service and the time limit when a Notice of Preliminary Rejection or a certified copy of a decision of rejection is received. For an application that has missed the deadline, we decide with the applicant which procedure to take: a request for re-examination, an appeal or a divisional application. For questions about the deadline for submitting a written argument in Korea and the procedures after it, please write to contact@defineip.kr.
Sources
- Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Articles 14, 15, 16, 17, 47, 51, 52, 62, 63, 67-2, 67-3, 81-3 and 132-17, Addenda (Act No. 18505, 19 October 2021) Arts. 1, 3, 7 and 11. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
- Patent Act (특허법), Act No. 18409, in force from 18 November 2021 (provisions before the amendment). Articles 52, 67-2, 67-3 and 132-17. Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
- Enforcement Rules of the Patent Act (특허법 시행규칙), Prime Ministerial Decree No. 2115, in force from 14 May 2026. Articles 11, 16, 17 and 37-2. https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)
- Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2098, in force from 27 February 2026. Article 2(1), subparagraphs 7-2, 13 and 14, and Article 2(3), subparagraphs 1, 11 and 12. https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Regulations for the Handling of Patent and Utility Model Examination Affairs (특허·실용신안 심사사무취급규정), MOIP Directive (지식재산처훈령) No. 41, in force from 1 July 2026. Article 26(3). https://www.law.go.kr/행정규칙/특허·실용신안심사사무취급규정 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Patent Examination Guidelines (특허·실용신안 심사기준), MOIP Established Rule (지식재산처예규) No. 7, in force from 13 March 2026. Part 1, Chapter 3, 3., 4.1 and 4.2; Part 5, Chapter 1, 2.3; Part 5, Chapter 3, 5.4, 6.1, 6.2 and 12.2; Part 5, Chapter 4, 3.2; Part 6, Chapter 1, 3.2. https://www.law.go.kr/행정규칙/특허·실용신안심사기준 (verified 9 October 2026)
- US Code of Federal Regulations, 37 CFR 1.135 and 1.137, eCFR version as of 6 October 2026. https://www.ecfr.gov/current/title-37/section-1.135 (verified 9 October 2026)
- EPO, Article 94, Article 121 and Rule 135 EPC (European Patent Convention, 2020 edition), no date shown. https://www.epo.org/en/legal/epc/2020/a94.html (verified 9 October 2026)
- Enforcement Rules of the Patent Act (특허법 시행규칙), Ordinance of the Ministry of Trade, Industry and Energy (산업통상자원부령) No. 579, in force from 1 November 2024 (provisions before the amendment). Article 16(1). Version history at https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)