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Patent Act — Article 196 (International Applications Deemed Withdrawn)

특허법 제196조

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(1) An international application shall be deemed withdrawn in any of the following cases:

1. Where the applicant ordered to amend the international application under Article 195 fails to do so within a specified period;

2. Where the applicant fails to pay an official fee for the international application within the period specified by Ordinance of the Ministry of Trade, Industry and Energy, and his or her international application becomes subject to Article 14 (3) (a) of the Patent Cooperation Treaty;

3. Where it is found that the international application accorded an international filing date under Article 194 becomes subject to any subparagraph of Article 194 (1) during the period specified by Ordinance of the Ministry of Trade, Industry and Energy.

(2) If an applicant underpays any fees payable for an international application within the period specified by Ordinance of the Ministry of Trade, Industry and Energy, and his or her international application becomes subject to Article 14 (3) (b) of the Patent Cooperation Treaty, the designation of the designated state for which the applicant fails to pay the fees shall be deemed withdrawn.

(3) If an international application or the designation of some of the designated states is deemed withdrawn under paragraph (1) or (2), the Commissioner of the Korean Intellectual Property Office shall notify the applicant thereof.[This Article Wholly Amended on Jun. 11, 2014]

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