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Patent Act — Article 42-3 (Patent Applications in Foreign Language)

특허법 제42조의3

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) If a patent applicant states his or her intention, in the patent application, to describe the specification and drawings (limited to captions in drawings; the same shall apply hereafter in paragraphs (2) and (5)) in a language specified by Ordinance of the Ministry of Trade, Industry and Energy, other than Korean language, he or she may use the language.

(2) If the specification and drawings initially accompanying a patent application are written and prepared in a language provided for in paragraph (1) (hereinafter referred to as "patent application in a foreign language"), the patent applicant shall submit a Korean translation of the specification and drawings in the manner specified by Ordinance of the Ministry of Trade, Industry and Energy by not later than one year and two months from the date specified in any subparagraph of Article 64 (1), whichever is relevant: Provided, That upon receipt of a request for examination of the application under Article 60 (3), the applicant shall submit a Korean translation by not later than three months from the date when notice is served, or one year and two months from the date specified in any subparagraph of Article 64 (1), whichever comes earlier.

(3) A patent applicant who has submitted a Korean translation under paragraph (2) may submit another Korean translation in replacement of the former Korean translation by not later than the expiration of the period specified in paragraph (2): Provided, That the foregoing shall not apply in the following cases:

1. Where the patent applicant has amended the specification or a drawing (excluding an amendment deemed made under paragraph (5));

2. Where the patent applicant has filed a request for examination of the application.

(4) If a patent applicant fails to submit a Korean translation of the specification under paragraph (2), the applicant shall be deemed to voluntarily withdraw the patent application on the date following the expiration of the period specified in paragraph (2).

(5) If a patent applicant submits a Korean translation under paragraph (2) or another Korean translation under the main clause of paragraph (3), the specification and drawings accompanying the initial patent application in a foreign language shall be deemed amended according to the Korean translation: Provided, That if another Korean translation is submitted under the main clause of paragraph (3), all amendments that shall otherwise be deemed amended according to Korean translations submitted prior to the latest Korean translation (hereafter referred to as "final Korean translation" in this Article and the latter part of Article 47 (2)) shall be deemed never made.

(6) A patent applicant may correct any error in the final Korean translation in the manner prescribed by Ordinance of the Ministry of Trade, Industry and Energy during the period set for amendments under Article 47 (1). In such cases, paragraph (5) shall not apply to the corrected Korean translation.

(7) If a correction is made during the period specified in Article 47(1) 1 or 2 pursuant to the former part of paragraph (6), all corrections made prior to the last correction shall be deemed to have never existed. <Newly Inserted on Feb. 29, 2016>[This Article Newly Inserted on Jun. 11, 2014]

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