(1) An applicant for registration of a utility model may convert the application for registration of the utility model into a patent application within the scope of the features described in the specification or drawings accompanying the initial application for registration of the utility model: Provided, That the foregoing shall not apply in the following cases: <Amended on Jun. 11, 2014; Feb. 29, 2016; Oct. 19, 2021>
1. Where three months (referring to an extension, if the period specified in Article 132-17 has been extended under Article 15 (1), which shall apply mutatis mutandis pursuant to Article 3 of the Utility Model Act) have passed since the date when a certified copy of the initial ruling to reject the application to register the utility model was served;
2. Where the application for registration of the utility model has been filed in a foreign language under Article 8-3 (2) of the Utility Model Act, and its Korean translation required under the same paragraph has not be submitted along with the application filed for conversion.
(2) An application converted into a patent application under paragraph (1) (hereinafter referred to as "converted application") shall be deemed filed at the time the application for registration of the utility model was filed: Provided, That the foregoing shall not apply in the following cases: <Amended on Jun. 11, 2014>
1. Where Article 29 (3) of this Act or Article 4 (4) of the Utility Model Act applies to the converted application as it constitutes a separate patent application referred to in Article 29 (3) of this Act, or a patent application under Article 4 (4) of the Utility Model Act;
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 converted application under paragraph (1) shall state his or her intention and indicate the application for registration of the utility model to be converted in the patent application. <Amended on Jun. 11, 2014>
(4) When a converted application is filed, the application for registration of the utility model shall be deemed withdrawn. <Amended on Jun. 11, 2014>
(5) Deleted. <Jun. 11, 2014>
(6) A person who claims priority under Article 54 for a converted 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 converted application, even after the expiration of the period specified in paragraph (5) of the same Article. <Amended on Mar. 22, 2013>
(7) If a converted application is filed in a foreign language, the patent applicant can submit its Korean translation under Article 42-3 (2) or another Korean translation referred in the main clause of Article 42-3 (3) by not later than 30 days from the filing date of the converted application, even after the expiration of the period specified in paragraph (2) of the same Article: Provided, That another Korean translation is not allowed in cases specified in any subparagraph of Article 42-3 (3). <Newly Inserted on Jun. 11, 2014>
(8) If a converted application has been filed regarding a patent application filed without stating the claims in the specification accompanying the initial converted application, the patent applicant may make an amendment to state the claims in the specification by not later than 30 days from the filing date of the converted application, even after the expiration of the period specified in Article 42-2 (2). <Newly Inserted on Jun. 11, 2014>[This Article Wholly Amended on Mar. 3, 2006]