Korean Law in English
Laws › Patent Act › SECTION 1 International Application Procedures

Patent Act — Article 194 (Recognition of International Filing Date)

특허법 제194조

This English translation is based on the Korean text effective 2024-08-21. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

(1) The Commissioner of the Korean Intellectual Property Office shall recognize the date when an international application reaches the Korean Intellectual Property Office as the international filing date defined under Article 11 of the Patent Cooperation Treaty (hereinafter referred to as "international filing date"): Provided, That the foregoing shall not apply in the following cases:

1. Where the applicant fails to meet the requirements provided for in Article 192;

2. Where the international application is not filed in the language specified in Article 193 (1);

3. Where the international application is not accompanied by a description of the invention or the claims under Article 193 (1);

4. Where any element listed in Article 193 (2) 1 or 2 or the name or title of the applicant is omitted.

(2) If an international application falls under any subparagraph of paragraph (1), the Commissioner of the Korean Intellectual Property Office shall order the applicant to amend the defect, in writing, within a specified period.

(3) If an international application refers to a drawing not included in that application, the Commissioner of the Korean Intellectual Property Office shall notify the applicant thereof.

(4) If an applicant in receipt of an order to amend under paragraph (2) makes the amendment within a specified period, the Commissioner of the Korean Intellectual Property Office shall recognize the date when the documents regarding the amendment arrive, as the international filing date, while the Commissioner of the Korean Intellectual Property Office shall recognize the date when a drawing arrives, as the international filing date, if a person notified under paragraph (3) submits the drawing within the period specified by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That if an applicant notified under paragraph (3) fails to submit a drawing within the period specified by Ordinance of the Ministry of Trade, Industry and Energy, the reference to the drawing shall be deemed nonexistent.[This Article Wholly Amended on Jun. 11, 2014]

‹ Article 193All articlesArticle 195 ›

Korean original (law.go.kr) · Get articles as JSON via API

For AI agents and developers — get this article as JSON, with the English and current Korean effective dates and an outdated-translation flag, from the korea-law API or as an MCP tool: https://mcp.apify.com?tools=kr-data/korea-law