(1) A person who intends to obtain an extension of the term of a patent registered under Article 89 (1) (hereafter referred to as "applicant for registration of an extension" in this Article and Article 91) shall file an application for registration of an extension of a patent with the Commissioner of the Korean Intellectual Property Office, declaring the following therein:
1. The name and domicile of an applicant for registration of extension (if the applicant is a corporation, its name and the location of its business office);
2. The name and domicile, or place of business of an agent, if the applicant for registration of an extension is represented by an agent (if the agent is a patent firm or a limited-liability patent firm, its name and place of business, and the name of the designated patent attorney);
3. The patent number of the patent, the term of which is to be extended, and descriptions of the claims for which the term is to be extended;
4. The period of application for extension;
5. Details of permission, etc. under Article 89 (1).
6. The ground for extension, specified by Ordinance of the Ministry of Trade, Industry and Energy (accompanied by materials substantiating the ground).
(2) An application for registration of an extension of a patent under paragraph (1) shall be filed within three months from the date when permission, etc. is granted under Article 89 (1): Provided, That no application for registration of an extension of a patent may be filed six months prior to the expiration of the term of the patent under Article 88.
(3) If a patent is jointly held, an application for registration of the extended term of the patent shall be jointly filed by all entitled persons.
(4) When an application for registration of an extension of a patent is filed under paragraph (1), the term shall be deemed extended: Provided, That the foregoing shall not apply where a decision to reject an application for registration of an extension under Article 91 becomes final and conclusive.
(5) Upon receipt of an application for registration of an extension of a patent under paragraph (1), the Commissioner of the Korean Intellectual Property Office shall publish information specified in paragraph (1) in the Patent Gazette.
(6) An applicant for registration of an extension may amend any matter specified in paragraph (1) 3 through 6, which are declared in the application for registration of an extension (excluding the patent number allocated to the patent, the term of which is to be extended under subparagraph 3), before the Commissioner of the Korean Intellectual Property Office serves a certified copy of a decision on registration of rejection of the extension on the applicant: Provided, That he or she may make an amendment only during the period set for submission of written arguments on the notice of the ground for rejection, if the notice of the ground for rejection, to which relevant provisions shall apply mutatis mutandis pursuant to Article 93, has been already served.[This Article Wholly Amended on Jun. 11, 2014]