(1) An applicant who has filed a single patent application for two or more inventions may divide the application into two or more applications within the scope of the features described in the specification or drawings accompanying the initial patent application, within either of the following periods: Provided, That if such patent application has been filed in a foreign language, it may be divided only where the patent application has been accompanied by the Korean translation required under Article 42-3 (2): <Amended on Jan. 28, 2015; Feb. 29, 2016; Oct. 19, 2021>
1. A period during which amendments can be made under Article 47 (1);
2. A period not exceeding three months from the date a certified copy of the ruling to reject the claim of a patent is served (referring to an extension, if the period specified in Article 132-17 has been extended under Article 15 (1));
3. A period of not more than three months from the date when the certified copy of a 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.
(2) A patent application divided under paragraph (1) (hereinafter referred to as "divisional application") shall be deemed filed at the time the initial patent application was filed: Provided, That a divisional application shall be deemed filed at the time the divisional application is filed in any of the following cases:
1. Where the divisional application constitutes a separate patent application referred to in Article 29 (3) of this Act or a patent application referred to in Article 4 (4) of the Utility Model Act, and Article 29 (3) of this Act or Article 4 (4) of the Utility Model Act shall apply to the divisional application;
2. Where Article 30 (2) applies to the converted application;
3. Where Article 54 (3) applies to the converted application.
4. Where Article 55 (2) applies to the converted application.
(3) A person who intends to file a divisional application under paragraph (1) shall state his or her intention and indicate the patent application to be divided in the divisional patent applications.
(4) If a patent application to be divided is a patent application claiming priority under Article 54 or 55, the priority shall be also claimed with regard to the divisional application at the time the divisional application is filed under paragraph (1); and if any document or written statement submitted under Article 54 (4) with respect to the patent application to be divided exists, the relevant document or written statement shall be deemed to have been submitted. <Newly Inserted on Oct. 19, 2021>
(5) As for a divisional application deemed to claim priority under paragraph (4), all or part of the priority claim may be withdrawn within 30 days from the filing date of the divisional application, even after expiration of the period specified in Article 54 (7) or 55 (7). <Newly Inserted on Oct. 19, 2021>
(6) A person who claims priority under Article 54 for a divisional application may submit the documents specified in paragraph (4) of the same Article to the Commissioner of the Korean Intellectual Property Office within three months from the filing date of the divisional application, even after expiration of the period specified in paragraph (5) of the same Article. <Amended on Oct. 19, 2021>
(7) If a divisional application is filed in a foreign language, the patent applicant can submit the application translated in Korean under Article 42-3 (2) or another Korean translation under the main clause of Article 42-3 (3) not later than 30 days from the filing date of the divisional application, even after expiration of the period specified in paragraph (2) of the same Article: Provided, That another Korean translation is not allowed in cases falling under any subparagraph of Article 42-3 (3). <Amended on Oct. 19, 2021>
(8) With respect to divisional applications filed without stating the claims in the specification accompanying the initial patent application, the patent applicant may make an amendment stating the claims in the specification not later than 30 days from the filing date of the divisional application, even after expiration of the period specified in Article 42-2 (2). <Amended on Oct. 19, 2021>[This Article Wholly Amended on Jun. 11, 2014]