특허법인 남앤남

FAQ

03. Can a divisional be filed after a Notice of Allowance is received?

Yes, within 3 months from the receipt date of a notice of allowance.

04. Is there any grace period available for a public disclosure?

Yes. It is available to use the exception to disclosure, under Article 30 of the Korean Patent Act.

05. Does a grace period apply to novelty only, or both novelty and inventive step?

Both. The exception to disclosure applies to both novelty and an inventive step.

06. What is the length of a grace period?

12 months from the public disclosure of the invention.

07. What type of filing must be made in order to qualify for a grace period?

The applicant shall declare the exception to disclosure at the time of filing an application, and submit relevant evidence documents within 30 days from the filing date of the application.

08. Is it necessary to request a patent application be examined?

Yes. At the time of filing or later (within 3 years from the filing date of PCT or local application)

09. Is it required first to file a patent application in the name of inventor?

No. All rights in a patent application are bestowed only upon the applicant. The inventor of the application has no rights over the application.

10. Is it permissible to request correction of the inventor’s information?

Yes. It is simple to correct the information while pending the application, but notarized declaration is required after being allowed for grant.

12. How much does each excess claim cost?

There are no excess claims fees. But, both the examination and registration fees are dependent on the number of claims.

13. At what stage in the prosecution procedure may PPH prosecution be requested?

PPH prosecution may be requested at the time of, or after requesting examination, and prior to receiving a first office action.

15. Is it permissible to submit amended claims after filing a PPH request?

Yes. Amended claims may be submitted before receiving a first office action.

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