According to a newly added Article 67-3 in the Korean patent law, Request for Examination (RFE) and Request for Reexamination (RFR) of applications can be revived even after the lapse of the statutory period  in a case that the lapse were caused by Force Majeure.   The newly added Article says that RFE and RFR can be filed even after the lapse of the statutory period (5 years after the filing date for RFE and within 30 days after the receipt of the rejection for RFR) in the case that the lapse is due to the causes beyond controlability of the applicant.

The RFE and RFR should be filed within 2 months after the causes have extinced but not later than 1 year after the lapse of the statutory period.   When this RFE or RFR is filed, the application is deemed not to be withdrawn (RFE) or the rejection is deemed not to be determined (RFE).

The causes or cases beyond controlability of the applicant have not yet been defined.   In general, they would be broader than the Force Majeure clause in a general contract law, according to a few precedent cases.   The court interpreted “the causes beyond controlability of a party” to include the case where the party is unable to meet the due date in spite of undertaking the ordinary duty of care.   The causes may include, Delay of postal service due to Force Majeure, and Wrongly-performed postal service, for example, a Postal Service of the court decision of a case carried out by one without authorization.

This artilcle will apply to applications filed on or after July 1, 2013.