(1) Where any of the following applies under a treaty, the filing date of a patent application in the relevant foreign country shall be deemed the filing date of the patent application in the Republic of Korea for purposes of Article 29 or 36:
1. Where a citizen of a foreign country that recognizes the priority of citizens of the Republic of Korea for a patent application files a patent application for an invention after filing a patent application in the foreign country or in another foreign country for the same invention and claims priority;
2. Where a citizen of the Republic of Korea files a patent application in the Republic of Korea after filing a patent application for the same invention in a foreign country that recognizes the priority of citizens of the Republic of Korea for a patent application and claims priority.
(2) No person who intends to claim priority under paragraph (1) shall claim priority, unless he or she files a patent application within one year from the filing date of the initial application on which the priority claim is based.
(3) A person who intends to claim priority under paragraph (1) shall state his or her intention, the name of the country in which the application was initially filed, and the filing date of the application in the patent application that he or she files in the Republic of Korea.
(4) A person who claims priority under paragraph (3) shall submit the documents specified in subparagraph 1 or the written statement specified in subparagraph 2 to the Commissioner of the Korean Intellectual Property Office: Provided, That the written statement specified in subparagraph 2 may be submitted only if the relevant foreign country is one of the countries specified by Ordinance of the Ministry of Trade, Industry and Energy:
1. A written statement with the filing date of the patent application initially filed with the government of the foreign country, certified copies of the specification and drawings of the relevant invention, which have been certified by the government of the foreign country;
2. A written statement with the file number of the patent application initially filed in the foreign country, the information with which the filed application can be verified, and other matters specified by Ordinance of the Ministry of Trade, Industry and Energy.
(5) Documents or written statements referred to in paragraph (4) shall be submitted within one year and four months from the earliest among the following dates:
1. The initial filing date of the application in a country that is a party to a treaty;
2. The filing date of the application on which the priority claim is based, where a patent application contains a priority claim under Article 55 (1);
3. The filing date of the application on which the priority claim is based, where a patent application contains a priority claim under paragraph (3).
(6) If a person who claims priority under paragraph (3) fails to submit the documents required under paragraph (4) within the period specified in paragraph (5), the priority claim shall become void.
(7) A person who claims priority under paragraph (1) and meets the requirements under paragraph (2) may amend or add a priority claim within one year and four months from the earliest date specified in paragraph (5).[This Article Wholly Amended on Jun. 11, 2014]