(1) A patent application shall be examined only upon a request for examination.
(2) Any person may file a request for examination of a patent application with the Commissioner of the Korean Intellectual Property Office within three years from the filing of the patent application: Provided, That no patent applicant shall file a request for examination of the patent application in either of the following cases: <Amended on Feb. 29, 2016>
1. If the applicant fails to declare the scope of claims in the specification;
2. If the applicant fails to submit a Korean translation under Article 42-3 (2) (limited to patent applications in a foreign language);(3) A legitimate right-holder who has filed a patent application, divisional application, splitting-off, or converted application under Article 34 or 35 may file a request for examination of the application within 30 days from the filing of the patent application, divisional application, splitting-off, or converted application, even after expiration of the period specified in paragraph (2). <Amended on Oct. 19, 2021>
(4) No request for examination of an application shall be withdrawn.
(5) If no request for examination of an application is filed during the period set for filing a request for examination of the application under paragraph (2) or (3), the patent application shall be deemed withdrawn.[This Article Wholly Amended on Jun. 11, 2014]