(1) Where Article 64 (1) applies to laying-open of an international patent application, "after the lapse of one year and six months from the date specified in any of the following" shall be construed as "after the end of the period for submitting domestic documents (referring to an extension for submitting a Korean translation, if a written request for an extension of such period has been submitted under the proviso of Article 201 (1), with the exception of its subparagraphs; the same shall apply hereafter in this paragraph) (or after the lapse of one year and six months from the priority date or the filing date of a request for examination of the application, whichever comes later, if an international patent application is published internationally under Article 21 of the Patent Cooperation Treaty after the international patent applicant files a request for examination of the application during the period for submitting domestic documents)".
(2) Notwithstanding paragraph (1), if an international patent application filed in Korean has been published internationally under Article 21 of the Patent Cooperation Treaty before the application is laid open under paragraph (1), the international patent application shall be deemed laid open at the time of international publication.
(3) After an international patent application is published (referring to international publication under Article 21 of the Patent Cooperation Treaty, if the international patent application is in Korean; hereafter the same shall apply in this Article), the international patent applicant may issue a person who has practiced the invention for business purposes a written warning that an application for the invention is filed under the Patent Cooperation Treaty.
(4) The applicant of an international patent application may claim compensation, equivalent to an amount to which he or she is reasonably entitled for practicing the patented invention, against a person who has practiced for business purposes the invention claimed in the international patent application even after a written warning is provided under paragraph (3) or knowing that the international patent application for the invention has been published, for a period from the time the person receives the written warning, or becomes aware thereof until the time the grant of the patent is registered: Provided, That the right to claim compensation may be exercised only after the grant of the patent on the invention is registered. <Amended on Jan. 8, 2019>[This Article Wholly Amended on Jun. 11, 2014]