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Patent Act — Article 204 (Amendments after Receipt of International Search Reports)

특허법 제204조

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) If an international patent applicant amends any of the claims in his or her international patent application after having received the international search report under Article 19 (1) of the Patent Cooperation Treaty, he or she shall submit the following documents to the Commissioner of the Korean Intellectual Property Office by the reference date (referring to the date when a request for examination of the application is filed, if the reference date is the filing date of the request for the examination of the application; the same shall apply hereafter in this Article and Article 205):

1. If he or she has filed an international application in a foreign language: A Korean translation of the amendment;

2. If he or she has filed an international application in Korean: A copy of the amendment.

(2) When a Korean translation or a copy of an amendment is submitted under paragraph (1), the claims referred to in Article 47 (1) shall be deemed amended as stated in the Korean translation or said copy of the amendment: Provided, That the claims shall be deemed amended as stated in the amendment, if the amendment (limited to where an international patent application has been filed in Korean) reaches the Korean Intellectual Property Office by the reference date under Article 20 of the Patent Cooperation Treaty.

(3) Where an international patent applicant has filed with the International Bureau, a brief statement under Article 19 (1) of the Patent Cooperation Treaty, he or she shall submit the following documents to the Commissioner of the Korean Intellectual Property Office by the reference date:

1. If he or she has filed an international application in a foreign language: A Korean translation of the brief statement;

2. If he or she has filed an international application filed in Korean: A copy of the brief statement.

(4) If an international patent applicant fails to take the procedure under paragraph (1) or (3) by the reference date, the amendment or brief statement prescribed under Article 19 (1) of the Patent Cooperation Treaty shall be deemed never submitted: Provided, That the foregoing shall not apply where the amendment or brief statement of an international patent application filed in Korean reaches the Korean Intellectual Property Office by the reference date under Article 20 of the Patent Cooperation Treaty.[This Article Wholly Amended on Jun. 11, 2014]

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