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Patent Act — Article 214 (International Applications Decided as Patent Applications)

특허법 제214조

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) In any of the following cases, an international application (limited to a patent application) that includes the Republic of Korea as a designated state under Article 4 (1) (ii) of the Patent Cooperation Treaty, the applicant of the international application may request the Commissioner of the Korean Intellectual Property Office to decide as provided for in Article 25 (2) (a) of the same Treaty in the manner prescribed by Ordinance of the Ministry of Trade, Industry and Energy within the period specified by Ordinance of the Ministry of Trade, Industry and Energy:

1. Where the receiving Office defined under Article 2 (xv) of the Patent Cooperation Treaty has refused the international application under Article 25 (1) (a) of the same Treaty;

2. Where the receiving Office defined under Article 2 (xv) of the Patent Cooperation Treaty has declared regarding the international application under Article 25 (1) (a) or (b) of the same Treaty;

3. Where the International Bureau has recognized the international application under Article 25 (1) (a) of the same Treaty.

(2) A person who intends to make a request under paragraph (1) shall submit to the Commissioner of the Korean Intellectual Property Office a Korean translation of a description of the invention, scope of claims, or drawings (limited to the captions in the drawings), and other documents specified by Ordinance of the Ministry of Trade, Industry and Energy as relevant to the international application.

(3) Upon receipt of a request under paragraph (1), the Commissioner of the Korean Intellectual Property Office shall decide whether the refusal, declaration, or recognition of the relevant application has been made appropriately in accordance with the Patent Cooperation Treaty and regulations thereunder.

(4) If the Commissioner of the Korean Intellectual Property Office has decided under paragraph (3) that the refusal, declaration, or recognition has not been made appropriately in accordance with the Patent Cooperation Treaty and regulations thereunder, the international application at issue shall be deemed a patent application filed on the date which would have been recognized as the international filing date, if no refusal, declaration, or recognition had been made with respect of the international application.

(5) When the Commissioner of the Korean Intellectual Property Office makes a decision on appropriateness under paragraph (3), he or she shall serve a certified copy of the decision on the relevant international patent applicant.

(6) Articles 199 (2), 200, 200-2, 201 (5) through (8), 202 (1) and (2), 208, and 210 shall apply mutatis mutandis to international applications deemed patent applications under paragraph (4). <Amended on Feb. 29, 2016>

(7) For the purposes of laying open an international application deemed a patent application under paragraph (4), "date specified in any of the following" in Article 64 (1) shall be construed as "priority date under Article 201 (1)".[This Article Wholly Amended on Jun. 11, 2014]

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