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Patent Act — Article 67-3 (Restoration of Patent Application)

특허법 제67조의3

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(1) If it is recognized that a patent application has been withdrawn or a decision to refuse a patent has become final and conclusive because of the patent applicant’s failure to comply with any of the following time limits due to good cause, the patent applicant may request the examination or re-examination of the patent application within two months from the date when such cause ceases to exist: Provided, That this shall not apply where one year has elapsed since such period expired: <Amended on Oct. 19, 2021>

1. The period during which a request for the examination of a patent application may be filed pursuant to Article 59 (2) or (3);

2. The period during which a request for the re-examination may be filed pursuant to Article 67-2 (1).

(2) Notwithstanding Article 59 (5), if a request for the examination or re-examination of a patent application is filed pursuant to paragraph (1), the patent application shall be deemed not to have been withdrawn or the decision to refuse a patent not to have become final and conclusive.[This Article Newly Inserted on Mar. 22, 2013]

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