The Korean Intellectual Property Office (KIPO) has implemented partial amendments to the Enforcement Rules of the Patent Act and the Utility Model Act, which took effect from July 11, 2025. These amendments introduce two key procedural updates: an extension of the response period for Office Actions and new deferral options for divisional applications.

The first procedural change is related to extension of response period for Office Actions issued during substantive examination. Previously set at 2 months, the response period has now been extended to 4 months by default. As before, an applicant may request up to four additional 1-month extensions, now bringing the maximum total response period to 8 months.

This change brings Korea’s practice more in line with international standards (e.g., EU, China: 4 months; US, JP: 3 months). In addition, this change alleviates the procedural and financial burden on applicants having to request monthly extensions, while allowing sufficient time for preparing and reviewing the Office Action.

The second procedural change relates to deferral options for divisional applications. Deferral mechanisms such as deferred examination and decision deferral were previously limited to original applications. However, as of July 11, 2025, applicants may now request the deferred examination and the decision deferral for divisional applications as well.

According to the new law, applicants can postpone the examination for divisional application up to two years after filing. In addition, applicants may postpone the issuance of a final decision for divisional application for up to 12 months from the filing date. These options offer greater control and flexibility in managing prosecution strategy and timelines for both original and divisional filings.