(1) Where at least two patent applications are filed for an identical invention on different dates, only the applicant who filed first is entitled to a patent on the invention.
(2) Where at least two patent applications for an identical invention are filed on the same date, only the person agreed upon by all patent applicants may obtain a patent on the invention: Provided, That if patent applicants fail to, or are unable to, reach agreement, none of the patent applicants is entitled to a patent on the invention.
(3) Where an invention for which a patent application is filed, and a design for which an application for registration of a utility model is filed are identical, paragraph (1) shall apply mutatis mutandis if the applications are filed on different dates, but paragraph (2) shall apply mutatis mutandis if they are filed on the same date.
(4) In either of the following cases, a patent application or application for registration of a utility model shall be deemed never filed for the purposes of paragraphs (1) through (3): Provided, That the foregoing shall not apply where a decision or trial ruling to reject the patent application or application for registration of a utility model as the proviso of paragraph (2) applies (including cases to which the aforesaid proviso shall apply mutatis mutandis pursuant to paragraph (3)) becomes final and conclusive:
1. Where the earlier application has been abandoned, invalidated, or withdrawn;
2. If a decision or trial ruling to reject the patent application or application for registration of a utility model becomes final and conclusive.
(5) For the purposes of paragraphs (1) through (3), a patent application or application for registration of a utility model filed by a person who is neither an inventor, designer, nor the successor to an entitlement to the patent or the registration of the utility model shall be deemed to have never been filed.
(6) In cases falling under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall order the applicants to report the results of the agreement within a specified period, and the applicants shall be deemed to fail to reach agreement under paragraph (2), if no report is submitted within the period.[This Article Wholly Amended on Jun. 11, 2014]