(1) When the registration of establishment of a patent right is delayed than the date when four years lapse after the date of a patent application or the date when three years lapse after a request for the examination of an application is made, whichever is later, the term of the relevant patent right may be extended as much as the delayed period, notwithstanding Article 88 (1).
(2) In applying the provisions of paragraph (1), the period delayed due to an applicant shall be excluded from the extension of the term of a patent right under paragraph (1): Provided, That when the period delayed due to an applicant overlaps with the abovementioned delayed period, the period excluded from the extension of the term of a patent right shall not exceed the actual period delayed due to an applicant.
(3) Matters concerning "period delayed due to an applicant" under paragraph (2) shall be prescribed by Presidential Decree.
(4) When four years are reckoned from the date of a patent application pursuant to paragraph (1), any of the following dates shall be deemed the date of a patent application, notwithstanding Articles 34, 35, 52 (2), 52-2 (2), 53 (2), 199 (1), and 214 (4): <Amended on Oct. 19, 2021>
1. The date when a legitimate right-holder applies for a patent, in cases of a patent application by the legitimate right-holder pursuant to Article 34 or 35;
2. The date when a divisional application is filed, in cases of a divisional application under Article 52;2-2. The date a splitting-off is filed, in cases of a splitting-off under Article 52-2;
3. The date when a converted application is filed, in cases of a converted application under Article 53;
4. The date when a document containing the matters referred to in the subparagraphs of Article 203 (1) is submitted, in cases of an international application construed as a patent application pursuant to Article 199 (1);
5. The date when an applicant who filed an international application requests the Commissioner of the Korean Intellectual Property Office to make a decision pursuant to Article 214 (1), in cases of an international application construed as a patent application pursuant to Article 214;
6. The date when a patent application is filed, in cases of a patent application which does not fall under any of the subparagraphs 1 through 5.[This Article Newly Inserted on Dec. 2, 2011]