To manage the procedure for deferring the substantive examination of design patent applications, this procedure is hereby formulated.

 

Applicable Scope

(a) Design patent applications.

(b) Design patent applications meeting any of the following conditions are not eligible:

 

The application has received an examination opinion or has been examined and approved.

The application has been submitted for division.

The application has been submitted for accelerated examination.

To apply for deferred substantive design examination, the applicant should do so at the time of applying for the design patent or within one year from the application date.

 

Application Process

(a) Applicants should submit a written application for deferring the substantive design examination, specifying the following:

 

Patent application number.

Applicant's name or entity name.

If an agent is appointed, the agent's name and law firm.

The designated date for resuming the substantive examination.

(b) Fee: No fee required.

 

Resumption of Substantive Examination

(a) Applicants should specify a specific date for resuming the substantive examination, which must fall within one year from the application date.

(b) When designating the resumption date, it should be stated explicitly, e.g., "Resuming the substantive examination on January 1, 2023," and not in vague terms such as "Resuming substantive examination one year after the application date" or "Suspending substantive examination for five months."

 

(c) Upon the arrival of the resumption date, the application will be sequenced for examination among applications submitted in the same year.

 

Important Notes

(a) Applying for deferred substantive examination will not affect the subsequent date of approval announcement.

(b) Applicants can withdraw their application for deferred design substantive examination; however, once withdrawn, a new application cannot be made.

(c) After applying for deferred substantive examination, applicants can change the resumption date, but the changed date must not exceed the deadline stipulated in item 5, paragraph 1.