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Patent Act — Article 92-3 (Application to Register Extension of Term of Patent Rights Following Delayed Registration)

특허법 제92조의3

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) Any person who intends to apply to register extension of the term of a patent right under Article 92-2 (hereafter referred to as "applicant for registration of extension" in this Article and Article 92-4) shall submit an application for registration of extension of the term of a patent right declaring the following matters to the Commissioner of the Korean Intellectual Property Office: <Amended on Mar. 23, 2013; Jul. 30, 2013>

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 of an agent, if any, or the location of his or her business office (if the agent is a patent firm or a limited-liability patent firm, its name, the location of its business office and the designated patent attorney’s name);

3. The number of a patent whose term is subject to extension;

4. The period of application for extension;

5. Grounds for extension prescribed by Ordinance of the Ministry of Trade, Industry and Energy (materials substantiating such grounds shall be attached thereto).

(2) An application to register extension of the term of a patent right pursuant to paragraph (1) shall be filed within three months from the date of registration of a patent right.

(3) Where a patent right is owned by joint owners, an application to register extension of the term of a patent right shall be filed by all joint owners.

(4) Any applicant for registration of extension may amend matters falling under paragraph (1) 4 and 5, among matters declared in a written application for registration of extension, before an examiner decides whether extension of the term of a patent right shall be registered: Provided, That after he or she receives a notice of grounds for rejection, which are applied mutatis mutandis under Article 93, he or she may amend such matters only during a period for submission of opinions following the relevant notice of grounds for rejection.[This Article Newly Inserted on Dec. 2, 2011]

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