Newsletter
EXTENDED RESPONSE TIME PERIODS FOR PATENT OFFICE ACTIONS
On 26 December 2007, the Intellectual Property Office (IPO) announced the following:
‧As from 1 January 2008, the specified time period for foreign applicants to file responses to notices of examination opinion on the first examination or the re-examination for invention and new design patent applications was increased from 60 days to 90 days. One application for extension may be made, and, in principle, the total response time period may not exceed 180 days. For domestic applicants the response time period remains 60 days; one application for extension may be made, and, in principle, the total response period may not exceed 120 days.
‧Transitional arrangements are as follows:
In the case of a patent application filed by a foreign applicant for which an examination opinion notice was issued before 31 December 2007 and its normal specified response period expires after 1 January 2008, the IPO will automatically extend the response period from 60 days to 90 days without a need to apply for such extension.
In the case of a patent application filed by a foreign applicant for which an IPO decision granting an extension of the response time period was issued before 31 December 2007, and the extended response time period expires after 1 January 2008, the IPO will extend the response time period in accordance with the new guideline; provided, however, that the total response time period allowed may not exceed 180 days.
‧In the case of a patent application filed by a foreign applicant for which the normal response time period or the extended response time period expired before 31 December 2007, and for which no response was filed within the above-mentioned extended time period, the IPO will directly render an examination decision; provided, that if the decision was not served on the applicant by 31 December 2007, the normal or extended response time period will be extended to 90 or 180 days, in accordance with the new guidelines.