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Patent Act — Article 28 (Effective Date of Submission of Documents)

특허법 제28조

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 application, request, or any other document (including things; hereafter the same shall apply in this Article) filed with the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board under this Act or any order issued under this Act shall take effect on the date when it is issued to the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board. <Amended on Jun. 11, 2014>

(2) If an application, request, or any other document referred to in paragraph (1) is filed with the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board by post, it shall be deemed issued to the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board on the date specified in either of the following, whichever is relevant: Provided, That if documents for applying for registration of a patent or any right in a patent or documents regarding international applications defined in Article 2 (vii) of the Patent Cooperation Treaty (hereinafter referred to as "international application") are submitted by post, such documents shall take effect on the date when they are issued to the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board: <Amended on Jun. 11, 2014>

1. If the date stamped on the post by a postal authority is clear: The date stamped thereon;

2. If the date stamped on the post by a postal authority is unclear: The date evidenced by the receipt of the post.

(3) Deleted. <Sep. 23, 1998>

(4) Except as provided for in paragraphs (1) and (2), matters necessary for submitting documents where the delivery of post is delayed, post is lost, or postal service is interrupted shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Jun. 11, 2014>[Title Amended on Jun. 11, 2014]

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