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Patent Act — Article 208 (Special Provisions concerning Amendments)

특허법 제208조

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) Notwithstanding Article 47 (1), no international patent application may be amended (excluding amendments under Articles 204 (2) and 205 (2)), unless all of the following requirements are satisfied: <Amended on Jun. 11, 2014>

1. Official fees are to be fully paid under Article 82 (1);

2. A Korean translation is to be submitted under Article 201 (1): Provided, That the foregoing shall not apply to an international patent application filed in Korean;

3. The reference date shall have passed (referring to the filing date of a request for examination of the application, if the filing date of a request for examination of an application is the reference date).

(2) Deleted. <Feb. 3, 2001>

(3) When the former part of Article 47 (2) applies to the amendable scope of an international patent application filed in a foreign language, "specification or drawings initially accompanying the earlier application" shall be construed as "description of the invention, the scope of claims, or drawings submitted by the international filing date". <Amended on Jun. 11, 2014>

(4) Where the latter part of Article 47 (2) applies to the amendable scope of an international patent application filed in a foreign language, "patent application in a foreign language" shall be construed as "international patent application in a foreign language", and "final Korean translation (referring to the corrected Korean translation, if a correction is made under the former part of Article 42-3 (6)) or the drawings (excluding captions in the drawings) initially accompanying the earlier application" as "final Korean translation under Article 201 (5) (referring to the corrected Korean translation, if a correction is made under the former part of Article 201 (6)) or the drawings (excluding captions in the drawings) submitted by the international filing date", respectively. <Newly Inserted on Jun. 11, 2014>

(5) Deleted. <Feb. 3, 2001>[Title Amended on Jun. 11, 2014]

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