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Patent Act — Article 56 (Withdrawal of Earlier Applications)

특허법 제56조

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(1) The earlier application claiming priority under Article 55 (1) shall be deemed withdrawn at the time one year and three months elapse from the filing date of the earlier application: Provided, That the foregoing shall not apply in any of the following cases: <Amended on Oct. 19, 2021>

1. Where the earlier application has been abandoned, invalidated, or withdrawn;

2. Where the grant of the earlier application has been registered or where a decision or trial ruling to reject the patent application or to refuse to register a utility model becomes final and conclusive;

3. Where the priority claim based on the earlier application has been withdrawn.

(2) No applicant for a patent application claiming priority under Article 55 (1) shall withdraw the priority claim upon expiration of the period of one year and three months from the filing date of the earlier application.

(3) If a patent application claiming priority under Article 55 (1) is withdrawn within one year and three months from the filing date of the earlier application, the priority claim shall be deemed withdrawn simultaneously.[This Article Wholly Amended on Jun. 11, 2014]

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