Newsletter
PROCESSING TIME FOR PATENT AND IC LAYOUT APPLICATIONS
Article 51 of the Law of Administrative Pro-ceedings requires administrative agencies to announce time periods for processing various types of applications from the public, except where the relevant legislation provides otherwise. Where agencies do not specify a processing time period, the period is set at two months. The same article provides that where an agency is unable to finish processing an application within the specified time period, it may extend the time by not more than the original processing period. However, it may make only one such extension, and must inform the applicant of the reason for the delay before the end of the original process-ing period. Where an agency cannot perform its functions due to a natural disaster or other cause beyond its control, such processing period cease to run for the duration of such cause.
On 31 May 2000, the Intellectual Property Office announced processing time periods for various patent-related applications, as follows:
| Category of Applications | Processing Time Period |
| Examination of invention patent applications | 18 months |
| Examination of new utility model patent applications | 16 months |
| Examination of new design patent applications | 16 months |
| Re-examination of applications in the electric or chemical engineering fields | 18 months |
| Re-examination of applications in the mechanical or household article fields | 15 months |
| Re-examination of new design applications | 12 months |
| Opposition cases | 10 months |
| Cancellation cases | 12 months |
| Amendments to claims, specification or drawings | 6 months |
| Divisional applications | 3 months |
| Recordation of assignment of patent rights | 3 months |
| Recordation of inheritance or licensing of patent rights | 2 months |
| Recordation of creation, alteration or extinguishments of a pledge over patent rights | 2 months |
| Request for compulsory licensing | 18 months |
| Assessment of compensation for compulsory license | 12 months |
| Patent term extension | 12 months |
The IPO also announced the following process-ing time periods for applications related to reg-istration of integrated circuit layouts:
| Category of Applications | Processing Time Period |
| IC layout registration | 3 months |
| Examination of IC layout Registration cancellation | 12 months |
| Other applications | 2 months |
Any one of the above processing time periods runs from the date of receiving documents, but excludes any period of notice to submit any amendment, correction, response to objection or defense as well as delays on any reasonable grounds.