Patent Act — Article 34 (Patent Applications Filed by Unentitled Persons and Protection of Legitimate Right-Holders)

If a patent application filed by a person who is neither an inventor nor a successor to an entitlement to a patent (hereinafter referred to as "unentitled person") falls under subparagraph 2 of Article 62 on the ground that the person has no entitlement to a patent under the main clause of Article 33 (1) and no patent is granted to such person, the patent application filed by a legitimate right-holder subsequent to the patent application filed by the unentitled person shall be deemed filed on the date of filing of the patent application by the unentitled person: Provided, That the foregoing shall not apply where the legitimate right-holder files a patent application 30 days after the date when the patent application filed by the unentitled person is rejected.[This Article Wholly Amended on Jun. 11, 2014]