(1) If any of the following applies to a patentable invention, but a patent application is filed within 12 months from the relevant date, the invention shall not be deemed to fall under any subparagraph of Article 29 (1), for the purposes of Article 29 (1) or (2):
1. When a person entitled to a patent has caused his or her invention to fall under any subparagraph of Article 29 (1): Provided, That this shall not apply where the relevant application has been laid open, or the patent has been registered and published, in the Republic of Korea or in any foreign country under a treaty or an Act;
2. When the invention falls under any subparagraph of Article 29 (1) contrary to the will of the person entitled to a patent.
(2) A person who seeks to claim entitlement under paragraph (1) 1 shall file a patent application to that effect and submit documents evidencing the relevant facts to the Commissioner of the Korean Intellectual Property Office within 30 days from the filing date of the patent application in the manner prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) Notwithstanding paragraph (2), if the amendment fee prescribed by Ordinance of the Ministry of Trade, Industry and Energy has been paid, documents stating the willingness to become entitled to the application of paragraph (1) 1 or documents evidencing such willingness may be submitted during the period set in either of the following: <Newly Inserted on Jan. 28, 2015>
1. The period during which amendment is permitted under Article 47 (1);
2. A period of not more than three months from the date when the certified copy of a written decision to grant a patent under Article 66 or the certified copy of a trial decision to revoke the decision to reject a patent application under Article 176 (1) (limited to a trial decision made to register a patent but including a trial decision on retrial) is served: Provided, That the period shall end on the day when it is intended to have the grant of a patent registered under Article 79, if the period up to such day is less than three months.[This Article Wholly Amended on Jun. 11, 2014]