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Laws of the Republic of Korea |
[Enacted on July 28, 2010 by the Ordinance of the Ministry of Knowledge-based Economy No. 137. Partially amended on July 27, 2010.]
Korean Intellectual Property Office
( )
042-481-5089
The Ministry of Knowledge Economy
Partially amended on July 29, 2010 (Law No.137) Partially amended on December 31, 2008 (Law No.53) Partially
amended on June 29, 2007 (Law No.404) Partially amended on December 29, 2006 (Law No.384) Partially amended
on November 29, 2006 (Law No.376) Partially amended on April 28, 2006 (Law No.337) Partially amended on July
1, 2005 (Law No.284) Partially amended on February 11 2005 (Law No.258) Partially amended on May 1,
2004 (Law No.232) Partially amended on May 12, 2003 (Law No.199) Partially amended on December
27, 2002 (Law No.190) Partially amended on February 28, 2002 (Law No.159)
Partially amended on December 24, 2001 (Law No.146)
National Legal Information Center, The Ministry of Government Legislation
November 15, 2010
[Enacted on July 28, 2010 by the Ordinance of the Ministry of Knowledge-based Economy No. 137. Partially amended on July 27, 2010.]
The purpose of these Rules is to provide for the matters and/or subjects delegated by the Patent Act and the Enforcement Decree or the Patent Act and other matters to implement such delegated matters. <Amended Feb. 28, 2002; and Feb. 11, 2005>
<Amended Jun. 30, 2001; Feb. 28, 2002; Dec. 31, 2003; Feb. 11, 2005; and Sep. 29, 2006>
1. "Electronic Information Processing System" shall mean a network system under which computers used
by the Korean Intellectual Property Office (KIPO) are connected on the information communication network to computers
of a person who perform steps for the applications, requests and other procedures (Hereinafter referred to as
the , "Patent-related Procedures".) relating to patent registration.
2. "Electronic Document" shall mean the following:
i) The document which a person prepares as required in the performance of any Patent-related procedures using the
software provided by or homepage of KIPO or International Bereau under Patent Cooperation Treaty(PCT) Article 2(xix)
and submits to KIPO or Intellectual Property Tribunal (IPT) via information communication network (Hereinafter,
"Online Submission".) or on electronic recording medium such as floppy disc or optical disc (Hereinafter
referred to as the, "Electronic Recording Medium".); or
ii) A document which the Commissioner of KIPO or President of IPT send out or delivers to applicant for patent registration,
requestor for trial, or other persons performing steps of a Patent-related Procedures (Hereinafter referred
to as the, "Various Applicants".) via information communication network.
[This Article is newly inserted Dec. 31, 1998]
The documents to be submitted to KIPO or IPT in connection with performing the steps related to patent under laws
or regulations shall be prepared for every case, unless otherwise provided for by laws and regulations, bearing
the name of the applicant (or the name of the company, in the case of a corporate entity) and identification
number (Hereinafter referred to as the, "Applicant Code".) and signature or seal impression (Or electronic
signature, in the case of an
electronic document. The same goes hereinafter.); provided that, in instances that no Applicant Code is given, it
shall bear the name and address (Or company name and its business address, in the case of a corporate entity.)
of him/her with his/her name written or seal impressed.
<Amended Feb. 28, 2002> [Wholly amended Dec. 31, 1998] [Title amended Feb. 28, 2002]
(1) Unless otherwise provided for by laws or regulations, the documents to be submitted to KIPO or IPT shall be
directly submitted and/or addressed to the Commissioner of KIPO or President of the IPT. <Amended Feb. 23, 1998>
(2) (deleted) <May 17, 2003> (3) (deleted) <May 17, 2003> (4) (deleted) <May 17, 2003>
(1) Any person who submits electronic documents in connection with the performance of
Patent-related Procedures may submit attached documents using electronic image.
(2) The Commissioner of KIPO, President of the IPT, or the presiding administrative patent judge, when it finds it
necessary to confirm the contents due to illegibility of the electronic image presented under Paragraph (1) hereof,
may order the Various Applicants or their agents to submit relevant documents in writing within a prescribed period.
[This Article is newly inserted Feb. 28, 2002.]
(1) Documents to be submitted to KIPO or IPT shall be prepared in Korean Language except for those set forth in Paragraph
(2). <Amended Feb. 23, 1998>
(2) Documents prepared in foreign language such as power of attorney or certificate of nationality (excluding
documents concerning priority rights) shall be supplement with their Korean translation in its submission. <Amended May 17, 2003; and Feb. 11, 2005>
(1) Any person who performs the Patent-related Procedures through an agent shall submit to the Commissioner of KIPO
or President of IPT Form 1 - Power of Attorney as appended by the Enforcement Rules of the Patent Act.
(2) Any person who to performs the Patent-related Procedures by appointing an agent shall file a report of an appointed
agent; except in the following cases; in filing patent application, domestic
submission of international patent registration under Article 199 (2) of the Patent Act (Hereinafter referred to as, the
"Act".), report of change of patent applicant, request for trial or request for retrial or in providing
answer to request for trial or request for retrial, an agent submits patent application, documents under Article
203 of the Act, report on change of proprietary status, or answers, attaching power of attorney thereto. <Amended Jun. 30, 2001; May 17, 2003; Dec. 31,
2003; Feb. 11, 2005; Sep. 29, 2006; and Dec. 29, 2006>
(3) In reporting appointment of an agent under Paragraph (2) or when an agent is appointing a sub-agent, appended
Form 2 - Report shall be submitted to the Commissioner of KIPO or President of the IPT together with the documents
verifying the contents of the report, indicating whether there are any pre-existing agent or sub-agent that had
been dismissed, as the case may be. In such a case, if the agent becomes a partner patent attorney of a corporation
under Article 6, Article x-3, (Hereinafter referred to as the, "Patent Law Firm") or an associate patent
attorney of a Patent Law Firm and, for two or more cases represented by the agent, the Patent Law Firm shall
appoint such agent or a patent attorney as a Sub-agent, Form 2 - Report appended to the Enforcement Rules of the
Patent Act shall be submitted to the Commissioner of KIPO or President of the IPT. <Amended Oct. 25, 2000; Feb. 11, 2005; and Dec. 29, 2006>
(4) (deleted) <Dec. 29, 2006>
(5) When a person performing the Patent-related Procedures dismisses the agent, or an agent dismisses the subagent,
Form 2 - Report appended to the Enforcement Rules of the Patent Act shall be submitted to the Commissioner of
KIPO or President of the IPT. <Amended Dec. 29,
2006>
(6) When a person performing the Patent-related Procedures amends the contents of the power of attorney, or an agent amends the contents of the power of subagent, Form 2 - Report appended to the Enforcement Rules of the Patent Act shall be submitted to the Commissioner of KIPO or President of the IPT compiled with documents verifying the contents of the amendment.
<Amended Dec. 29, 2006>
(7) When an agent or subagent resign, Form 2 - Report appended to the Enforcement Rules of the Patent Act shall be submitted to the Commissioner of KIPO or President of the IPT.
<Amended Dec. 29, 2006>
(8) In the case where a person performing the Patent-related Procedures appoints or dismisses an agent, where an agent appoints or dismisses a subagent, or where an agent or subagent resign, if for two or more cases the person performing the Patent-related Procedures is one and the same person and the agent or subagent is one and the same person, it shall be permissible to submit only one (1) report. <Newly inserted, Sep. 29, 2006; Dec. 29, 2006>
[Wholly amended Dec. 31, 1998]
(1) In the case of granting general delegation instead of specifically limiting cases in advance for present and future
delegation with respect to the performance of the Patent-related Procedures through an agent, appended Form 3 - Application
for General Delegation Registration shall be submitted to the Commissioner of KIPO, together with the documents verifying
the contents of the delegated power. <Amended Dec. 29, 2006; and Jul. 27, 2010>
(2) Upon receipt of an application for the registration of the general delegation under the Paragraph (1), the
Commissioner of KIPO shall grant the registration number of the general delegation and the applicant will be notified
of such number.
(3) Any person who performs the Patent-related Procedures based on general delegation granted indicates the general
delegation registration number prescribed in the Paragraph (2) in the documents submitted to KIPO or IPT.
<Amended Jun. 30, 2001; and Feb. 28, 2002>
(4) To amend matters subject in the registration of the general delegation under Paragraph (1), appended Form 3 -
Application for Amendment to the General Delegation Registration shall be submitted to the Commissioner of KIPO,
together with the power of attorney on general delegation. <This Article newly inserted, Dec. 31, 1998>
When a person who has registered its general delegation under Article 5-2 is to restrict the application of general
delegation for a particular case, appended Form 2 - Report (limited to those classified as report of restriction
on application of general delegation) shall be submitted to the Commissioner of KIPO or President of the IPT; except
when any of the following reports have been submitted: <Amended Dec. 29, 2006; and Jun. 29, 2007>
1. a report indicating the dismissal of an agent or subagent who has been already appointed under Article 5 (3);
or
2. a report indicating dismissal of an agent or subagent under Article 5 (5). [This Article is newly inserted Dec. 31, 1998.]
For a person who has completed the registration of a general delegation under Article 5 -2, to revoke such general delegation, said person shall submit to the Commissioner of KIPO appended Form 3 Revocation of General Delegation. <Amended Dec. 29, 2006>
[This Article newly inserted Dec. 31, 1998.]
(1) To submit a report on the appointment of a representative under the proviso of Article 11 (1) of the Act,
the appointed representative shall submit appended Form 2 - Report to the Commissioner of KIPO or President of
the IPT, attaching thereto the following documents, indicating therein any previously appointed representative
that has already been dismissed, as the
case may be: <Amended Feb. 23, 1998; Dec. 31, 1998; and Dec. 29, 2006>
1. one (1) copy of a document verifying the matters concerning appointment or dismissal; and
2. one (1) copy of a document verifying the right of agency in the event that an agent performs the procedures.
(2) Any person who reports a dismissal of the representative appointed under Paragraph (1) shall submit appended Form
2 - Report to the Commissioner of KIPO or President of the IPT, attaching thereto the following documents: <Newly inserted Dec. 31, 1993; Feb. 23, 1998; Dec.
31, 1998; and Dec. 29, 2006>
1. one (1) copy of a document verifying the contents of the report; and
2. one (1) copy of a document verifying the right of agency in the event that an agent performs the procedures.
[Title amended Dec. 31, 1993.]
(1) When it is deemed necessary, the Commissioner of KIPO or President of the IPT may request any successor of
an eligibility for a patent right who shall perform the Patent-related Procedure to submit a document proving his status
as successor. <Amended Feb. 23, 1998>
(2) When it is necessary for the person who performs the Patent-related Procedure to obtain permission, approval,
consent or acceptance by a third party, the person shall submit a document verifying such permission, approval, consent
or acceptance by a third party to the Commissioner of KIPO or President of the IPT. <Amended Feb. 23, 1998>
(1) Upon finding it necessary to examine the identity of a person .who is taking Patent-related Procedure, the Commissioner
of KIPO or President of the IPT may demand the submission of the following documents: <Amended Dec. 31, 2008; and Jul. 27, 2010>
1. certificate of nationality (for foreigners only) or other documents that proves the identity of a person;
2. certificate of seal impression (only those less than six months from execution. For foreigners
whose country lacks seal impression system, any certificate equivalent thereto.); and
3. Notarized certificate and/or document for signature (For foreigners, any document certifying that the same person
printed and singed her/his signature with the document issued by a governmental authority of his/her country.)
(2) Notwithstanding Paragraph (1), the Commissioner of KIPO, President of the IPT, or the presiding administrative
patent judge shall inspect the individual copy or extended copy of resident registration, or comprehensive
copy of corporate registry (for legal or corporate entity only) and other documents falling under administrative
information subject to the common use
under Article 43 of the Electronic Government Act, by common use of administrative information under Article 36 (1) of
the same Act; provided that if such inspection is not possible, or in any of the following cases, submission of
the documents may be allowed: <Newly inserted Jul. 27,
2010>
1. that a person performing the Patent-related Procedure does not consent to inspection of documents falling
under administrative information subject to common use under Article 43 of the Electronic Government Act; or
2. that a person performing the Patent-related Procedure does not provide information necessary to inspect on certificates
of matters related to corporate registry.
(3) Unless the foreigner who performs the Patent-related Procedures has a nationality of a
country which is a member of the Paris Convention for the Protection of Industrial Property (Hereinafter referred
to as the, "Paris Convention".) or which has agreed with the Republic of Korea for mutual protection of
patent, the Commissioner of KIPO or President of the IPT may demand submission of any of the following documents: <Amended Feb. 23, 1998; Feb. 11, 2005; Jun. 30, 2009; and Jul. 27, 2010>
1. document verifying that the foreigner has residential or business address within the territory of any one of the member
countries of Paris Convention, as the case may be;
2. document verifying that the country of the foreigner's nationality allows the holding of patent right(s) or
patent-related right(s) by people of the Republic of Korea on the same basis as the country's citizens, as the case
may be or
3. document verifying that the country of the foreigner's nationality allows the holding of patent right(s) or
patent-related right(s) by people of the Republic of Korea on the same basis as the country's citizens, in the
case where the Republic of Korea recognizes enjoyment of patent right or patent-related rights by the foreigner (principle
of reciprocity).
(4) The Commissioner of KIPO, President of the IPT, or the presiding administrative patent judge shall, when requiring
the submission of documents under Paragraph (1) through (3), sends notices of the names of documents and reasons
in the written order of document submission, granting an opportunity to explain and be heard as well as
the period for hearing such explanation. <Newly inserted Jun. 30, 2001; and Jul. 27, 2010>
[Title amended Jun. 30, 2001.]
(1) The "persons designated by the Decree of Ministry of Knowledge-based Economy" under
Article 4-27 (1) of the Act shall refer to any of the following persons: <Amended Feb. 28,
2002; Sep. 29, 2006; Dec. 11, 2007; Sep. 30, 2008; and Jun. 30, 2009>
1. applicant for registration;
2. successor of eligibility for patent right;
3. requestor for examination;
4. (deleted) <Sep. 29, 2006>
5. (deleted) <Sep. 29, 2006>
6. requestor for correction;
7. applicant for priority examination;
8. information tipper of patent application;
8-2. requestor for retrial;
9. requestor for trial, defendant of trial and joint parties to trial;
10. patentee;
11. exclusive licensee or non-exclusive licensee; or
12. pledge holder.
(2) Any person having applicant code under Article 28, Article 28-2 (1), of the Act shall submit to the Commissioner
of KIPO or President of IPT appended Form 4 - Application for Granting Applicant Code. <Amended Feb. 28, 2002>
(3) Where a person granted with an applicant code it is to change or correct name, address (for corporation, the
company name and address of its business place), signature, registered seal, phone number, etc. he/she shall submit
to the Commissioner of KIPO Form 5 - Report on Amendment to Applicant Code appended to the Enforcement Rules of
the Patent Act. <Amended Jul. 1, 1999; Jun. 30, 2001; Feb. 28, 2002; Dec. 29, 2006; Dec. 31, 2008>
1. (deleted) < Jun. 30, 2001>
2. (deleted) < Jun. 30, 2001>
(4) To correct the applicant' code which has been granted twice or granted with error, the said person shall
submit to the Commissioner of KIPO appended Form 5 - Report on Amendment to Applicant Code, attaching thereto the following
documents:
1. one (1) copy of a document verifying the contents of the amendment; and
2. one (1) copy of a document verifying the right of agency in the event that an agent performs the procedures.
(5) If an applicant code has been granted twice or granted with error, the Commissioner of
KIPO shall correct or cancel the code ex officio. In this case, the Commissioner shall notify the person granted
with the applicant code of the fact of such correction or cancellation made ex officio.
[Newly inserted Jun. 30, 2009.] [Wholly amended Dec. 31, 1998]
(1) Documents that can be presented in an electronic document to the Commissioner of the
KIPO or the President of the IPT pursuant to Article 28-3(4) of the Act, shall exclude the
following documents: <Amended Feb. 28, 2002; Dec. 31, 2003; Feb. 11, 2005; and Dec. 29,
2006>
1. written report of electronic recording medium and objects;
2. (deleted) < Dec. 29, 2006>
3. (deleted) < Dec. 29, 2006>
4. written Request for correction-and-reissuance
5. Documents (including original document and Form 35 and form 51 submitted) in connection with the international
application under Article 2 (vii) of the Convention (Hereinafter referred to as the, "International Application".)
written in Japanese Language.
6. written request for decision under Article 214 (1) of the Act
7. written request for correction of digitalized contents
8. (deleted) <May 17, 2003> (2) (deleted) <Feb. 28, 2002>
(3) Notwithstanding Paragraph (1), documents for patent application in connection with the national defense
falling under classification set forth in Article 11 of Enforcement Decree of the Patent Act (Hereinafter referred
to as the "Decree".) shall not be submitted electronicly; except only if notified of the cancellation of
request for confidentiality under Article 12 (4) of the Decree or released from confidential treatment under Article
13 of the Decree. <Newly inserted, Jul. 1, 1999; Feb. 28, 2002; and Feb. 11, 2005>
[This Article newly inserted Dec. 31, 1998.]
The Report of the intention to use electronic documents under Article 28-4 of the Act shall be submitted in appended Form 6. <Amended Dec. 29, 2006>
[This Article is newly inserted Dec. 31, 1998.]
(1) Electronic documents shall be electronicly signed and submitted by means of a software provided by KIPO or through
KIPO's website; or by means of a software provided by the International Bureau, in the case of an international
application. <Amended Dec. 31, 2003; and Feb. 11, 2005>
(2) In the case of submitting electronic document stored in an electronic medium, Form 7 - appended Submission
Report of Objects such as Electronic Document Attachment, shall be submitted to the Commissioner of KIPO
or President of the IPT. In such a case, those documents which cannot be stored in an electronic medium
shall be attached to the Report of Objects such as Electronic Document Attachment for submission. <Amended Feb. 28, 2002; and
Dec. 29, 2006>
(3) In the event that a person who submits the electronic document under Paragraph (1) has sent said electronic document via information network no later than the due date, but the submission failed due to disability of information network, or disability of computer or related equipment used by KIPO (The temporary suspension of use for repair and maintenance of computer or related equipment used by information network and/or KIPO, the state of which has been notified by the Commissioner of KIPO, shall not be deemed a disability.), the day immediately following the day when such disability is resolved shall be deemed to be the due date. <Newly inserted Feb. 11, 2005>
[This Article newly inserted Dec. 31, 1998.]
In the case where the person performing the Patent-related procedures (excluding procedures for international application) omits some documents required in online submission, the person shall submit appended Form 7 - Submission Report of Objects such as Electronic Document Attachment, attaching thereto such omitted documents within three (3) days from assuring the receipt number of online submission. <Amended Feb. 28, 2002; Feb. 11, 2005; and Dec. 29,
2006>
[This Article is newly inserted Dec. 31, 1998.]
Any person who opted for the online submission shall enter the applicant code and password in the computer information processing system. <Amended Dec. 31, 2003>
[This Article is newly inserted Dec. 31, 1998.]
(1) In the case of conducting online submission of two or more procedures that are required to be conducted simultaneously
under the laws and regulations, it shall be entered successively.
(2) In the cases of online submission one of those two or more procedures is subject to the simultaneous submission
under laws and regulations and submitting the others in an electronic recording medium or in writing, said procedures
shall be taken on the same day. <Amended Jun.
30, 2001; and Feb. 28, 2002>
[This Article is newly inserted Dec. 31, 1998.]
Unless otherwise provided for by laws or regulations, the Commissioner of KIPO, President of the IPT, the presiding administrative patent judge, an administrative patent judge, the chief examiner, or an examiner shall notify or deliver every document through information communication network to a person having signified its purpose of the use of electronic documents under Article 28-4(1) of the Act.
[Wholly amended Mar. 17, 2003]
If the administrative districts or its names are changed, the administrative districts or its names shall be indicated in the applicant code and are deemed amended. In such a case, the Commissioner of KIPO shall amend the address of the person granted with the applicant code (or the business address, in the case of a corporate entity) ex officio.
[This Article is newly inserted Jul. 27, 2010.]
(1) In the case where a person performing the Patent-related Procedures are performing two or more procedures at the same time and the certificates to be submitted in connection therewith under Article 7, 30 (2), 54 (4), 6 through Article 9 of the Act are identical, the person may submit to the Commissioner of KIPO or the President of IPT one (1) copy of an original certificate and its duplicates for the other procedures. <Amended Dec. 31, 1993; and Feb. 23,
1998>
(2) In the case where the person who submitted certificates to the Commissioner of KIPO or the President of IPT while
performing the Patent-related Procedures is required to submit certificates Article 7, 30 (2), 54 (4), 6 until Article
9 of the Act and the contents of the certificates to be submitted are identical with the contents to those previously
submitted, the person may state clearly the reasons of applying it in the space for "documents attached",
in lieu of the certificates to be submitted. <Amended Sep. 29, 2006>
(3) Submission of the document verifyingthe right of the agency under Article 7 of the Act may be exempted, in any
of the following cases: <Amended Jul. 1, 1999>
1. The agent appointed under Article 5 (2) is performing the Patent-related Procedure within the scope of its delegated
authority; or
2. The agent who filed general delegation registration under Article 5-2 (2) is performing the
Patent-related Procedure within the scope of its general delegated authority.
(1) Except as specifically provided otherwise by laws or regulations, the Commissioner of KIPO
or President of the IPT shall not consider as relevant and lawful those documents, specimens and other objects (Hereinafter
referred to in this Article as the, "Application Documents, etc."), submitted in connection with
patent application, or request for a trial under Article 42, 140, or
140-2 of the Act: <Amended Oct. 30, 1992; Dec. 31, 1993; Jul. 1, 1997; Dec. 31, 1998; Jul. 1,
1999; Jun. 30, 2001; Feb. 28, 2002; May 17, 2003; Feb. 11, 2005; Dec. 29, 2006; Jun. 29,
2007; Sep. 30, 2008; Jun. 30, 2009; and Jul. 27, 2010.>
1. In violation of Article 2, when the documents are not indivisually prepared for each case;
2. Categories of application or documents are obscure;
3. Entry of name of the person (or company name in the case of a corporate entity) who performs the Patent-related
procedures, or applicant code [if no applicant code, name or address (in the case of a corporate entity,
the company name or location of its business place.)] is empty;
4. It is not prepared in Korean Language;
5. Absence of the specification required to be attached to the application (including the case where the attached
specification lacks detailed explanation on the invention);
5-2. With respect to patent application, divisional application, amended application and application
by lawful right holder filed by attaching to the patent application the specification which does not indicate the
scope of patent applied for at the time when the application already passed the period of amendment for the specification
under Article 42 (5) 1.
6. A person who has neither a residential nor business address in the Republic of Korea and submitted the Application
Documents, etc. without being represented by the patent administrator under the provision of Article 5(1)
of the Act;
7. The documents have not been submitted within the prescribed period set forth by this Act or any decree thereof;
8. The written application for the extension of period is violating the Act or any decree thereof;
9. The written application for the extension of period is submitted after expiration of the term under Article 132
-3 or the term designated by Commissioner of KIPO, President of the IPT, the presiding administrative patent judge,
or an examiner;
10 Documents submitted in connection with a procedure for a patent after such procedure was terminated;
11. A person who is not entitled to perform the procedures for a relevant patent and submitted
documents in connection to such procedures.
12. The Appended Form to is unacceptable due to vagueness - Report, appended Form 3 - Application for Registration
on Comprehensive Delegation, Application for Registration Amendment on Comprehensive Delegation, or Application
for Registration Withdrawal on Comprehensive Delegation, appended Form 4 - Application for Granting Applicant
Code as attachment, or any relevant documents in the case where applicant code needs to be granted ex officio;
13. Written Patent application or other documents submitted in the electronic recording medium such as information
network, floppy disc or optical disc has not been prepared by means of KIPO website or any software provided by
KIPO, or any document submitted in the form of electronic document was received but incapable of being processed
under the computer information processing system;
13-2. Documents required under Article 3 -2 (2) were not submitted within the prescribed period;
14. Documents ordered to be submitted under the provision of Article 8 were not submitted within the prescribed period
for explanation and without stating the proper explanation.
15. The applicant for patent registration has submitted application for examination with respect to patent application
together without indicating the specification of the scope of patent applied for;
16. Request for early public opening has been filed with respect to patent application compiled without indicating
the specification of the scope of patent applied for or patent completed with public notice under Article 87 (3)
of the Act;
17. It falls under any of Subparagraphs of Article 40-2 (1), rendering it impossible to set aside the decision on
the grant of patent;
18. It falls under any of Subparagraphs of Article 40-3 (3), rendering it impossible to defer decision on the grant
of patent (only the request for deferment of examination;
19. Filing request for reexamination is not allowed because reexamination has been requested
without amendment of specification or drawings attached to the patent application or it falls under the proviso of Article
67-2 (1);
(2) The Commissioner of KIPO, or President of the IPT, in order to reject Application
Documents, etc. that appear to be unlawful under Paragraph (1), shall send a notice to various applicants indicating
the purpose and reason for the return of the Application Documents, etc. with an explanation period stated; provided
that, in the case of Paragraph (1)14, they shall immediately return the Application Documents, etc., indicating
the reason for such return.
<Amended Jun.30, 2001; Feb. 28, 2002; May 17, 2003>
(3) If various applicants receive the notice under Paragraph (2) desires to state their explanation, they shall submit appended Form 24 - Explanation Letter within the explanation period, and requests to have the Application Documents, etc. returned before the expiration of the explanation period, they shall submit to the Commissioner of KIPO or President of the IPT Form 8 - Request for Documents Return. Upon receipt of said request for return, the Commissioner of KIPO or President of the IPT shall immediately return the relevant application documents.
<Newly inserted Jun. 30, 2001; and Dec. 29, 2006.>
(4) In the case where the various applicants fail to submit the request for return or explanation letter within the prescribed period to explain, or the explanation provided is deemed unjustified, the Commissioner of KIPO or President of the IPT shall return the Application Documents, etc. immediately after the expiration of the explanation period. <Newly inserted Jun. 30, 2001>
(1) Any person who, after having his/her patent right registered or patent application filed, submits to KIPO or IPT the documents, specimens and other objects in connection with the application for the patent registration shall indicate the patent registration number or application number for patent registration, name of patentee or applicant for patent registration (or company name, in the case of corporate entity), the applicant code [in the absence of such code, name and address (or company name and its business address in the case of a corporate entity)], and the name of the invention. <Amended Feb. 23, 1998; Dec. 31, 1998; Jun.30, 2001; Dec. 29,
2006>
(2) Any person who, after filing application for the extension of patent registration, submits to KIPO or IPT the
documents, specimens and other objects in connection with the application for extension the patent registration shall
indicate the number of the application for extension the patent registration. <Amended Feb. 23, 1998; and Dec. 29, 2006>
(3) Any person who, after filing a request for trial or retrial, submits to KIPO or IPT the documents, specimens
and other objects in connection with said application or request shall indicate the number of trial or retrial,
name of the relevant party (or company name, in the case of corporation), the applicant code [in the absence of
such code, name and address (or company name and its business address in the case of a corporate entity)]. <Amended Jul. 1, 1997; Feb.
23, 1998; Dec. 31, 1998; Jun.30, 2001; Sep. 29, 2006>
Any person who make amendments under Article 46, 47, 90 (6) of the Act or Article 29 (3) of this Rule, or any
person who amends or add to claim of priority right under Article 54 (7) or
55 (7) of the Act shall submit to the Commissioner of KIPO or President of the IPT the appended Form 9 - Supplementation
Form, attaching thereto the following documents; provided that no person who corrects the fee subject to Item 3
of Article 46 of the Act shall be required to submit said Supplementation Form. <Amended Jun.30, 2001; Jul 1, 2005; Dec. 29, 2006; and Jun. 30, 2009>
1. one (1) copy of a document verifying the contents to be amended or added; and
2. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedures.
[Wholly amended Dec. 31, 1998]
Any person who make amendments under Article 46 or 141 of the Act shall submit to the President of the IPT,
or the presiding administrative patent judge appended Form 9 - Supplementation Form, attaching thereto the
following documents: <Amended Feb. 28, 2002; and Dec. 29, 2006>
1. (deleted) <Feb. 28, 2002>
2. one (1) copy of a document verifying the contents of correction; and
3. one (1) copy of a document verifying the right of agency in the event that an agent performs the procedures.
[This Article newly inserted Dec. 31, 1998]
(1) Any person falling under any of the following shall submit appended Form 9 - Supplementation Form to the President of the IPT, or the presiding administrative patent judge.
<Amended May 17, 2003; Dec. 29, 2006; Dec. 29, 2006; and Jun. 29, 2007>
1. (deleted) <Sep. 29, 2006>
2. A person who amends the specification or drawing of patented invention that was corrected by a patent invalidation
trial under Article 133-2 (4) of the Act;
3. A person who amends the specification or drawing of patented invention that was corrected
by a patent correction trial under Article 136 (9) of the Act;
4. A person who amends the specification or drawing of patented invention that was corrected by a correction invalidation
trial under Article 137 (4) of the Act;
(2) The following documents shall be attached to the Supplementation Form under Paragraph (1):
<Amended Feb. 28, 2002; Spe. 29, 2006; Dec. 29, 2006; and Jun. 29, 2007>
1. (deleted) <Feb. 28, 2002>
2. Every copy of specification and drawing;
3. one (1) copy of documentverifying the right of agency in the event that an agent performs the procedures.
4. in the case where consent of exclusive licensee, non-exclusive licensee or pledge holder is required under Article
133-2 (4), 136 (7), or 137 (4) of the Act, one (1) copy of document verifying such consent.
[This Article newly inserted Jun. 30, 2001]
(1) Any person performing the Patent-related Procedures who has been received an order for submission of document(s)
by the Commissioner of KIPO, the President of the IPT, the presiding administrative patent judge, or an examiner to
submit documents, specimens and other objects
shall submit them in appended Form 7. <Amended Feb. 23, 1998; Feb. 28, 2002; and Dec. 29,
2006 >
(2) In the case submission is through an agent, the document verifying the right of agency shall be attached to the documentation under Paragraph (1).
Any person who is to retrieve the specimen or evidentiary objects submitted to the Commissioner of KIPO or President of the IPT shall describe purport of such intent when submitting.
<Amended Feb. 23, 1998; and Jun. 30, 2001>
(1) The period for correction which may be designated by the Commissioner of KIPO, President of the IPT, or the
presiding administrative patent judge under Article 46, 141 or 203 (2) of the Act, shall be within one (1)
month, and the period which may be designated by the Commissioner of KIPO, President of the IPT, the
presiding administrative patent judge, or an examiner under Article 63 (1) of the Act shall be within two (2) months;
provided that if a certain period is necessary for examination and assessment of the result thereof in connection
with the Patent-related Procedure, the designated period shall be the period to be the duration of the examination
and assessment thereof. <Amended Jun. 22, 1996; Feb. 23, 1998; Jul. 1, 1999; Jun. 30, 2001; May 17, 2003; and Jun. 29, 2007>
(2) Request for extension under Article 15 (1) of the Act and request for abridgement or extension under Article
15 (2) of the Act shall be in appended Form 10 - Request for Period Extension (Abridgement); provided that, the
person who requests abridgement simultaneously with the correction under Article 47 (1) 1 and 2 of the Act may
indicate the purport of such intent of abridgement in the appended Form 9 - Supplementation Form in lieu of a
written request for abridgement. <Amended Jun. 29, 2007>
(3) In the case of performing the procedures through an agent, the document verifying the right of agency shall be
attached to the form under Paragraph (2). <Amended Jul. 1, 1999>
(4) The additional period which may be designated ex officio by the presiding trial examiner under Article 186 (5)
of the Act shall be within one (1) month.
[Newly inserted Dec. 31, 1998]
Any person who files a request for revocation of invalidation under Article 16 (2) of the Act and file a request
under Article 17 of the Act shall submit to the Commissioner of KIPO or President of the IPT appended Form
10 - Request Form, attaching thereto the following documents: <Amended Dec. 29, 2006>
1. one (1) copy of a document verifying the cause of failure to meet the due period; and
2. one (1) copy of a document verifying the right of agency in the event that an agent performs the procedures.
[Title amended Dec. 29, 2006]
Where the Commissioner of KIPO or President of the IPT is to resume patent related procedure with a successor under the Act 19, the purport of such intent shall be notified to him/her by a written document.
Any person who files a request for resumption of the procedure under Article 22 (1) of the Act shall submit to the Commissioner of KIPO or President of the IPT appended Form 11 - Request for Resumption of Procedure, attaching thereto the following documents: <Amended Dec. 29,
2006>
1. one (1) copy of a document verifying the cause of resumption of procedure; and
2.one (1) copy of a document verifying the right of agency in the event that an agent performs the procedures
[This Article is newly inserted Feb. 28, 2002]
(1) Any person performs the Patent-related Procedure who abandons or withdraws from the procedure shall submit
to the Commissioner of KIPO appended Form 12 - Request for Abandonment or Request for Withdrawal. <Amended Dec. 29, 2006>
(2) Any person having claimed the right of priority under Article 55 (1) of the Act who withdraws said claim
of the right of priority shall submit to the Commissioner of KIPO appended Form 12 -Request for Withdrawal.
<Newly inserted Dec. 31, 1993; and Dec. 29,
2006>
(3) In the case the performance of the procedures is through an agent, the document verifying the right of agency shall be attached to the forms under Paragraph (1) or (2). <Amended Dec.
31, 1993; and Jun. 30, 2001>
Any person who abandons claim(s) under Article 215-2 shall indicate its reasons in the Form 16
- Payment Form appended to the Enforcement Rules of the Patent Registration Ordinance and submit to the Commissioner
of KIPO appended Form 12 - Request for Abandonment together with said payment form, when paying registration fee.
<Amended Feb. 11, 2005; and Dec. 29,
2006>
[This Article newly inserted Jun. 30, 2001.]
[This Agreement newly inserted Dec. 31, 1993] [Title amended Jun. 30, 2001]
(1) Any person who files an patent application shall submit to the Commissioner of KIPO appended Form 14 - Patent
application, attaching thereto the following documents: <Amended Jun. 30, 2001; and Dec. 29, 2006>
1. Every copy of the specification, summary, and drawing;
2. one (1) copy of a document verifying the right of agency in the event that an agent performs the procedures
3. one (1) copy of other certificates under laws and regulations.
(2) The specification, summary, and drawing under Paragraph (1) shall be prepared in appended
Form 15, 16, and 17, respectively. <Amended Dec. 29, 2006; and Jun. 30, 2009 >
(3) The detailed description on the invention under Article 42 (3) of the Act shall include the following: <Newly inserted Jun. 29, 2007>
1. field of technology;
2. problems to be solved;
3. solutions for the problems; and
4. other matters necessary for a person with ordinary skill in the art to which the invention pertains to understand
with ease.
(4) In the absence of matters set forth in each Item of Paragraph (3), describing such matters
that may be exempted. <Newly inserted Jun. 29, 2007> [Wholly amended Dec. 31, 1998]
[Title amended Jun. 30, 2001]
(1) Any person who files an patent application including nucleic sequence or amino acid sequence (Hereinafter, the "Sequence".) shall submit to the Commissioner of KIPO appended Form 14 - Application for Patent, attaching thereto the following documents: <Amended Jul. 1,
1999; Jun. 30, 2001; Dec. 31, 2003; Dec. 29, 2006; and Jun. 30, 2009>
1. a specification compiled with list of Sequence prepared as prescribed by the Commissioner of
KIPO;
2. electronic files containing computerreadable list of Sequence (only for those patent application by paper) .
3. (deleted) <Dec. 31, 2003>
(2) In the case of patent application by paper, it shall be stated in the patent application that the list contained
in the electronic file is identical with the list attached to the specification. <Newly inserted Dec. 31, 2003; and Jun. 30, 2009>
(3) In the case of inconsistency between the list attached to specification and the list contained in the electronic
file, it shall be deemed that submission is made as the list attached to specification. <Amended Jun. 30, 2009>
[This Article newly inserted Dec. 31, 1998] [Title amended Jul. 1, 1999; and Jun. 30, 2001]
Any person who reports a new deposit number of micro-organism under Article 2 (2) of the Decree shall submit to the Commissioner of KIPO appended Form 18 - Report of Change of Deposit Number of Micro-Organism Application, attaching thereto the following documents:
<Amended Dec. 31, 1998; and Dec. 29, 2006>
1. one (1) copy of a document verifying the new deposit number; and
2. one (1) copy of a document verifying the right of agency in event that an agent performs the procedures.
[Wholly amended Dec. 31, 1993]
Any person who is to acquire micro-organism samples under Article 4 (1) of the Decree shall submit to the Commissioner of KIPO appended Form 19 - Request for Proof, attaching thereto the following documents: <Amended Dec. 31, 1993; Dec. 31, 1998; Feb. 28, 2002; and Dec. 29,
2006>
1. one (1) copy of a request for acquisition to be submitted to the depository;
2. one (1) copy of a document verifying applicability of Article 4 (1) of the Decree; and
3. one (1) copy of a document verifying the right of agency in event that an agent performs the procedures.
Upon acceptance of the patent application, the Commissioner of KIPO shall send a written notification indicating the patent application number and the date of the patent application to the applicant.
[This Article is newly inserted Jun. 30, 2009] [Title amended Jun. 30, 2001]
(1) The Documents or instruments under Article 54 (4) of the Act shall be submitted in the appended Form 13 -
Document Submission Report, and, in the case of submission under Article
54 (4) 2., the applicant may indicate patent application number from the country where
application was first filed in the written application in lieu of appended Form 13 - Document Submission Report.
In the case the performance of the procedures is through an agent, one (1) copy of document verifying the right
of agency shall be attached thereto. <Amended Feb. 11,
2005; Sep. 29, 2006; and Dec. 29, 2006>
(2) "The country prescribed by Decree of the Ministry of Knowledge Economy" in the proviso of Article 54 (4) of the Act shall mean a country publicly known by the Commissioner of KIPO which has established a system under which its administrative agency in charge of patent may exchange electronically with KIPO the documents verifying the priority. <Amended Sep. 30,
2008>
(3) If required for examination and trial, the Commissioner of KIPO or President of the IPT may request the person
who has claimed right of priority under Article 54 (1) of the Act to submit Korean translation of the documents
verifying the right of priority, within the prescribed period. <Newly inserted Feb. 11, 2005>
(4) The person who is requested to submit Korean translation under Paragraph (3) shall submit it in Form 13 - Document
Submission Report; provided that Korean translation for the specification of invention and drawing as a part of documents
verifying the right of priority which is identical with the contents of specification and drawing attached to the patent
application submitted under Article 42 (2) may be exempted by indicating the purport of such intent. <Newly inserted Feb.
11, 2005; Dec. 29, 2006; and Jun. 29, 2007.>
(5) In the event that the person requested to submit under Paragraph (3) fails to submit the translation within
the prescribed period, the Commissioner of KIPO or President of the IPT may
invalidate the claim of right of priority. <Newly inserted Feb. 11, 2005> [Wholly amended Jun. 30, 2001]
[Title amended Feb. 11, 2005]
(1) Any person who reports a change of patent applicant under Article 38 (4) of the Act shall submit to the Commissioner
of KIPO appended Form 20 - Report on Change of Proprietary Status, attaching thereto the following documents,
on or before the completion of patent registration is applied for: <Amended Dec. 31, 1993; Dec. 31, 1998; Jul. 1, 1999; Jun. 30, 2001; Feb. 28, 2002; and Dec. 29, 2006>
1. one (1) copy of a document verifying the cause of the change of patent applicant;
2. (deleted) <Jun. 30, 2001>
3. one (1) copy of a document verifying that a third party's permission, approval, consent or acceptance has been
obtained, if required; and
4. one (1) copy of a document verifying the right of agency in event that an agent performs the
procedures.
(2) An applicant for patent registration who reports a change of patent applicant under Paragraph (1) concerning
two or more patent applications shall be allowed to submit one (1) report provided the contents of the
report are identical. <Newly inserted Jun. 30, 2001> <Title amended Jun. 30, 2001>
(1) In the case where two or more persons jointly file a patent application or submit an application for change
of patent applicant under Article 38 (4) or (5) of the Act, based on their agreement concerning shares or on
an agreement under proviso of Article 268 (1) of the Civil Act, they shall indicate the purport of such intent
in the written patent application or written Report on Change of Proprietary Status and submit verifying
documents thereof to the Commissioner of KIPO. <Amended Jun. 30, 2001; Feb. 11, 2005; and Dec. 29, 2006>
(2) Any person who changes the shares of applicants shall submit to the Commissioner of KIPO appended Form 20 -
Report on Change of Proprietary Status, attaching thereto the following documents: <Newly inserted Dec. 31, 1998; and Dec. 29, 2006>
1. one (1) copy of a document verifying the cause of the change of shares; and
2. one (1) copy of a document verifying the right of agency in event that an agent performs the procedures.
(1) If some of the inventors are omitted or indicated with error in the written patent application
by mistake of the patent applicant, as such will be appropriately added or corrected which shall be made before
the decision whether or not to grant the patent registration is final; provided that, such entries are omitted (only
for omission of inventors on the written patent application) or misindicated by obvious mistake, said addition or correction
may be made even after the final decision has been made to the patent application. <Amended Jun. 29, 2007; and Dec. 31, 2008> (2) A patent applicant or a patentee who makes an addition or correction under Paragraph (1) shall submit to the
Commissioner of KIPO the correction form or application form set forth in the following: <Amended Jun. 29, 2007; and Dec. 31, 2008>
1. Form 9 - Correction Form: on or before successful completion of patent rights; or
2. Form 29 - Application for Correction and Issuance, after successful completion of patent rights.
(3) In the case the performance of the procedure is through an agent, a document verifying the right of agency shall
be attached to the forms under Paragraph (2).
[Newly inserted Jun. 29, 2007] [Wholly amended Sep. 29, 2006]
(1) Any person who is to perform a divisional application under Article 52 (1) of the Act shall submit appended Form 14 - patent application Registration to the Commissioner of KIPO, attaching thereto the following documents: <Amended Dec. 31, 1998; Jul. 1, 1999; Jun. 30,
2001; Sep. 29, 2006; and Dec. 29, 2006>
1. Every copy of the specification, summary, and drawing;
2. one (1) copy of a document verifying the right of agency in the case of taking procedure through an agent; and
3. one (1) copy of other verifying documents under laws and regulations.
4. (deleted) <Sep. 29, 2006>
(2) The specification, summary, and drawing under Paragraph (1) 1, shall be prepared in appended Form
15, 16, and 17, respectively. <Amended Dec. 29, 2006; and Jun. 30, 2009 >
(3) If it is required to amend the original patent application due to division under Article 52 (1) of the Act,
the specification, summary or drawings shall be amended at the simultaneously with the time of the filing of divisional
application. <Amended Jul. 1, 1997>
(4) (deleted) <Dec. 31, 1998>
(1) Any person who is to convert a utility model application to patent application under Article
53 (1) of the Act shall submit appended Form 14 - Application for Patent Registration to the
Commissioner of KIPO, attaching thereto the following documents: <Amended Dec. 29, 2006>
1. Every copy of the specification, summary, and drawing;
2. one (1) copy of a document verifying the right of agency in the case of taking procedure through an agent; and
3. one (1) copy of other verifying documents under laws and regulations.
(2) The specification, summary, and drawing under Paragraph (1) 1,shall be prepared in appended
Form 15, 16, and 17, respectively. <Amended Dec. 29, 2006; and Jun. 30, 2009 > [Wholly amended Sep. 29, 2006]
(1) In the case where a lawful right holder applies for patent registration under Article 34 or 35 or the Act,
said holder shall submit appended Form 14 - Application for Patent Registration to the Commissioner of KIPO, attaching
thereto the following documents: <Amended Dec. 31, 1998; Feb. 28, 2002; and Dec. 29, 2006>
1. each one (1) copy of the specification, summary, and drawing;
2. one (1) copy of document a verifying the status as lawful right holder; and
3. one (1) copy of document a verifying the right of agency in event that an agent performs the procedures.
(2) The specification, summary, and drawing under Paragraph (1) 1, shall be prepared in appended Form
15, 16, and 17, respectively. <Amended Dec. 29, 2006; and Jun. 30, 2009>
(3) (deleted) <Dec. 31, 1998>
In the event that, the patent application has been filed by a person with no right, an patent application receives disposition of decision to reject the registration of the patent, dismissal of request for appeal with respect to the decision to reject the registration of the patent, or a final decision of trial on the invalidation of patent registration, the Commissioner of KIPO or President of the IPT shall notify the lawful holder thereof by written document. <Amended Jul.
1, 1997; Feb. 23, 1998; Jun. 30, 2001; and Sep. 29, 2006 >
(1) A person who agreed upon one (1) applicant for patent registration and file a report under Article 36 (6) of
the Act or a person who agreed upon one (1) applicant and report a change under Article 38 (6) of the Act shall
submit to the Commissioner of KIPO appended Form 20 - Report on Change of Proprietary Status, attaching thereto
the following documents: <Amended Dec. 29, 2006; and Dec. 31, 2008>
1. one (1) copy of a document verifying the existence of agreement bearing signature or name writing followed by seal
impression of all of the participants; and
2. one (1) copy of a document verifying the right of agency in the event that an agent performs the procedures.
(2) In submitting report under Paragraph (1), the procedures agreed upon shall be simultaneously taken with respect
to competing applications or reports to change applicant. <Amended Dec. 29,
2006>
Any person who is to file a patent application in a foreign country under Article 15 (2) of the Decree shall submit to the Commissioner of KIPO appended Form 21 - Request Form. In this connection, in the case the performance is through an agent, one (1) copy of document verifying the right of agency shall be attached thereto. <Amended Dec. 29, 2006>
[Wholly amended Sep. 29, 2006]
(1) An applicant for a patent registration in a foreign country who requests for the issuance of a certificate in order
to claim the priority right in connection with the patent application under Article 4D (1) of the Paris Convention
or request for acquiring the proper number (Hereinafter referred to as the, the "Access Code".) so that
the Commissioner of KIPO may deliver to the World Intellectual Property Organization (which is established under
World Intellectual Property Organization Convention) such certificates by electronic medium and shall submit
to the Commissioner of KIPO appended Form 19 - Request Form. <Amended Jun. 30, 2009>
(2) In the case the performance of the procedures is through an agent, a document verifying the right of agency
shall be attached to the forms under Paragraph (1). <Amended Jun. 30, 2001>
The Standards for cancelling designation of a specialized organization under Article 58-2 (3) of the Act shall be as set forth in the Table.
[This Article newly inserted Jun. 29, 2007]
(1) Request for examination of patent application under Article 60 of the Act shall be in appended Form 22
- Request for Examination; provided that, the examination of patent application is requested simultaneously
with the filing of the patent application (only for the case
when there is specification indicating the scope of the request), the requestor may indicate the purport of such
intent in lieu of the written Request for Examination. <Amended Dec. 31, 1993; Dec. 29, 2006; and Jun. 29, 2007>
(2) In the case the performance of the procedures is through an agent, a document verifying the right of agency
shall be attached to the form under Paragraph (1). <Amended Jun. 30, 2001>
(1) Any person who files a request for re-examination under the main sentence of Article 67, section2 (1) of
the Act shall submit to the Commissioner of KIPO appended Form 9 - Supplementation Form indicating the reason
therein.
(2) In the case the performance of the procedures is through an agent, a document verifying the right of agency
shall be attached to the form under Paragraph (1).
[This Article newly inserted Jun. 30, 2009.]
[Article 37-2 moved to Article 37-3. <Jun. 30, 2009>]
A patent applicantmay submit reference materials for the examination to the Commissioner of KIPO, to the President of
the IPT, or to the presiding administrative patent judge using appended Form 23 - Information Submission Report, attaching
thereto the following documents: <Amended May 17, 2003; and Dec. 29, 2006>
1. one (1) copy of the reference material; and
2. one (1) copy of a document verifying the right of agency in the event that an agent performs the procedures.
[This Article newly inserted Dec. 31, 1998.] [Moved from Article 37-2. <Jun. 30, 2009>]
The Examination of patent application shall be based on the order for examination under Article
59 (1) of the Act. However, in the case of filing a request for examination after dividing it under Article 52
of the Act or in the case of filing a request for examination of application for utility model registration after
converting it into patent application under Article 53 of the Act, an examination shall be conducted based on the order
of the request of the original application.
<Amended Jul. 1, 1999; and Sep. 29, 2006>
Any person who requests for accelerated examination under Article 61 of the Act, Article 36-8
of Special Act on Regulations concerning Regional Specialization and Development of Special District, and Article 26
of the Special Act on Designation of Advanced Medical Complex and Support shall submit to the Commissioner of KIPO
appended Form 22 - Request for Accelerated examination, attaching thereto the following documents:
1. one (1) copy of explanation for accelerated examination application which indicates matters set by the Commissioner of KIPO;
and
2. one (1) copy of a document verifying the right of agency in the case the event that an agent
performs the procedures. [Wholly amended Jul. 1, 1999]
If there exist two or more patent applications concerning an identical invention, examination of later application shall be set aside until the former one is processed, publicly opened, or publicly noticed of its registration; except when the later application is rejected based on the same grounds with those of the former patent application.. <Amended Jul. 1, 1999>
(1) If the applicant submits appended Form 22-2 Request for Deferment on Decision within six (6) months from the
date of filing application for patent, the examiner may defer decision on patent granting up to twelve (12) months
from the date of the filing of application for patent; except in the following cases: <Amended Sep. 30, 2008>
1. The patent application is a divisional application or a converted application.
2. Decision for accelerated examination has been granted for the patent application.
3. Decision on patent granting has already been notified before the request for deferment of decision on granting
the patent was submitted.
(2) In the case the performance of procedures is through an agent, a document verifying the
right of agency shall be attached to the form under Paragraph (1). [This Article newly inserted on Jun. 29, 2007]
(1) If a patent applicant who requested for examination of patent application shall have examination of
patent application after eighteen (18) months had passed from the day of such request, the applicant may, within
six (6) months from the day of such request, submit appended Form 22-2 Deferment of Examination of Patent
Application to the Commissioner of KIPO indicating therein the desired date of examination (Within five
(5) years from the day of application. Hereinafter referred to as, the "Desired Deferred Date".).
Provided, that the reasons are indicated therein and Desired Deferred Date in the following applications for
patent or
requests for examination shall be dispensed with upon submission of Form 22-2.
1. Appended Form 14 - Application for Patent, in the case of filing request for deferment of examination together
with the patent application and request for examination under proviso of Article 37 (1).
2. Appended Form - Request for Examination, in the case of filing request for deferment of examination of patent
application together with the request for examination. (excluding the case of Item 1.)
(2) A patent applicant who withdraws a request for deferment of examination under Paragraph (1) or change of the Desired
Deferred Date shall submit to the Commissioner of KIPO appended Form 12 - Request for Withdrawal or appended Form
9 - Supplementation Form within two (2) months from the date on which request for deferment of examination was submitted.
(3) With the request for deferment of examination under Paragraph (1) the examiner may defer the examination until
the Desired Deferred Date; except for any of the following cases:
1. The patent application is divisional application or changed application, or application by lawful holder.
2. Decision for priority examination has been granted for application for patent.
3. Decision whether or not grant or reject patent has already been notified before the request for deferment of decision
on the granting of patent was made.
(4) In the case the performance of the procedure is through an agent, a document verifying the
right of agency shall be attached to the form under Paragraph (1). [This Article newly inserted on Sep. 30, 2008]
A person who submits an argument under Article 63(1), 66-2 (3), 133-2 (4), 136 (5) or 137 (4) of the Act shall submit the appended Form 24 - Argument to the Commissioner of KIPO, President of the IPT, or the presiding administrative patent judge, attaching thereto the documents set forth below: <Amended Jul. 1, 1999; Jun. 30, 2001; Sep. 29, 2006; Dec. 29, 2006; Jun. 29,
2007; and Jun. 30, 2009>
1. one (1) copy of a document verifying the contents of the argument (excluding the case where argument is submitted
under Article 66-2 (3) of the Act.); and
2. one (1) copy of a document verifying the right of agency, in the event that an agent
performs the procedures. [Wholly amended Dec. 31, 1998]
The Decision to reject an amendment under Article 51 (1) of the Act shall be made in a written document stating the following
matters: <Amended Jul. 1, 1997; and Jun. 30, 2001>
1. patent application number;
2. title of the invention;
3. name of the patent applicant (in the case of corporate entity, company name and its business address);
4. name and address, or business address of the agent if the patent registration applicant is represented by an
agent, (if such an agent is patent corporation, entity name and address of the office and name of the assigned patent
attorney);
5. summary and the reasons of such decision for rejection; and
6. date month, and year of the decision of rejection.
The date of public opening or of registration notice of a patent application shall be deemed the date on which the relevant Patent Opening Gazette or Patent Gegistration Gazette indicating the purport thereon
[This Article newly inserted Feb. 23, 1998.]
(1) Any person who requests that the patent application be opened earlier to the public before one (1) year and
six (6) months passes from the date of patent application under Article 64 (1) of the Act shall submit to the
Commissioner of KIPO appended Form 25 - Request for Early Public Opening; provided that, in the case of filing
request for such early public opening simultaneously with the patent application (only when specification
describing the scope of request is attached thereto), the person may indicate the reasons in the application
in lieu of submitting the Request. <Amended Dec. 31, 1998; Dec. 29, 2006; and Jun. 29, 2007>
(2) In the case of international patent application, early public opening shall not be requested unless the translation
under Article 201 (1) of the Act has been submitted. <Newly inserted, Jul.
1, 1997; and Dec. 31, 1998>
(3) A person performing the Patent-related Procedure who withdraws the request for early public opening under Paragraph (1)
shall submit appended Form 12 - Request for Withdrawal within ten (10) days from the date on which the request for
early public opening was submitted. <Newly inserted May 17, 2003; and Dec. 29, 2006>
(4) An agent performs the procedures set forth in Paragraph (1) until paragraph (3) shall include a document
verifying the right of agency in the documentation for submission.
<Amended May 17, 2003>
[This Article newly inserted Jun. 22, 1996] [Title Amended May 17, 2003]
Any person who provides information under Article 63 -2 of the Act shall submit to the Commissioner of KIPO
appended Form 26 - Information Submission Report, attaching thereto the following documents: <Amended Sep. 29, 2006>
1. one (1) copy of documentary evidence such as periodicals etc.; and
2. one (1) copy of a document verifying the right of agency in the event that an agent performs the procedures.
[Wholly amended Dec. 31, 1998]
[Title amended Sep. 29, 2006]
Article | 46 | (Deleted)) <SEP. 29, 2006> |
Article | 47 | (Deleted)) <JUL. 1, 1997> |
Article | 48 | (Nnotice of the Grounds for Rejection, etc) |
(1) The examiner, for the purpose of giving notice on the decision on the following matters shall report it to the Commissioner of KIPO, and shall prepare a written decision or letter of notice with his/her name and signature or stamp thereon. <Amended Jul. 1, 1997; Jun. 30, 2001; Sep.
29, 2006; and Jun. 29, 2007>
1. the rejection for an amendment under Article 51 (1) of the Act.
2. the Notice of the grounds for rejection under Article 63 (1) of the Act.
3. (deleted) <Sep. 29, 2006>
4. (deleted) <Sep. 29, 2006>
5. the notice of the grounds for rejection for an extension application under Article 90 (1) of the Act, pursuant
to Article 63 (1) of the Act applied mutatis mutandis by Article 93 of the Act.
(2) The examiner, in making a decision on whether to register patent in response to patent application, shall report
it to the Commissioner of KIPO and prepare a written decision of rejecting or granting a patent registration, on
which matters set forth below and enter his/her name with seal impressed: <Amended Jul. 1, 1997; Jun. 30, 2001; Sep. 29, 2006; and Jun. 30,
2009>
1. patent application number
2. title of the invention
3. name of the patent applicant (in the case of corporate entity, company name and its business address);
4. name and address, or business address of the agent if the patent registration applicant is
represented by an agent, (if such an agent is patent corporation, entity name and address of the office and name of
the assigned patent attorney);
5. date, month and year of notice of the grounds for rejection (only for decisions of rejection)
6. summary and reasons of such decision (in the case the decision is to reject patent registration, relevant claims and
reasonsfor rejecting the claims shall be stated, if there are two or more claims within the scope of the request for
patent registration.)
7. date, month, and year of the decision.
8. matters amended ex officio, if any (only for decision to grant patent registration) (3) (deleted) <Jul. 1, 1997>
[Title amended Sep. 29, 2006]
(1) Upon registration of patent right, the Commissioner of KIPO shall issue to the patent applicant appended
Form 26 - Patent Registration Certificate under Article 86 (1). <Amended Apr. 28, 2006; and Dec. 29, 2006>
(2) Upon request from a person who has succeeded a patent right due to a transfer, etc. under Article 99 of the
Act, the Commissioner of KIPO may issue Form 26 - Patent Registration Certificate. <Newly inserted Apr. 28, 2006; and Dec. 29, 2006>
(3) In the issuance of a corrected Certificate of Patent Registration under Article 86 (2) of the Act, the Commissioner
of KIPO shall enter such corrected matters in appended Form 27 in the space provided for matters subject to
registration and issue it together with the relevant Certificate of Patent Registration. <Amended Apr. 28, 2006; and Dec. 29, 2006>
(4) Upon application from a person having patent right, the Commissioner of KIPO may state the title of the invention,
the name(s) of the patentee(s) and the inventor(s) in English name on the Certificate of Patent Registration to
be issued; only in the case where the English name of the invention is indicated in the patent application. <Newly inserted Apr. 28, 2006>
[Title amended Apr. 28, 2006]
(1) When requested by a patentee, the Commissioner of KIPO may issue appended Form 28 - Portable Patent Registration
Certificate. <Amended Dec. 29, 2006>
(2) If the Portable Certificate of Patent Registration under Paragraph (1) do not coincide with the original patent registration
or other documents, the Commissioner of KIPO shall, upon the request
of patentee or ex officio, recall the Portable Certicficate of Patent Registration and issue after the amendment thereof
or issue new Portable Certificate of Patent Registration. In the case of the issuance after amendment, the
Commissioner shall indicate the amended portion and seal impressed in the space for matters subject to registration
on appended Form 28. <Amended Dec.
29, 2006>
(3) When, after issuance of Portable Certificate of Patent Registration, trial for correction is under Article 136
(1) of the Act is closed with a final decision, a new Portable Certificate of Patent Registration shall be issued
based on the final decision.
(4) Upon application from a person having patent right, the Commissioner of KIPO may state the name of invention,
patentee and the inventor in English in the Portable Certificate of Patent Registration to be issued; only in the
case where the English name of the invention is indicated in the patent application. <This Article is newly inserted Apr. 28, 2006.>
Upon application from owner of the patent right for reissuance of lost or damaged registration certificate or portable registration certificate, the Commissioner of KIPO may reissue said certificates.
[This Article is newly issued Apr. 28, 2006]
(1) Any person who files an application falling under any of the following shall submit to the
Commissioner of KIPO appended Form 29 - Request Form: <Amended Apr. 28, 2006; and Dec.
29, 2006>
1. Application for issuance of patent registration under Article 21-2;
2. Application for issuance of portable certificate of patent registration under Article 21-2 (1);
3. Application for reissuance of patent registration or portable certificate of patent registration under Article 21-3.
(2) Any person who receives the issuance with amendment of patent registration or portable certificate of patent registration
shall submit to the Commissioner of KIPO Form 29 - Request Form appended to the Enforcement Rules of the
Patent Act, attaching thereto the patent registration certificate or portable patent registration certificate.
<Amended Apr. 28, 2006; and Dec. 29, 2006>
(3) In the case the performance of procedure is through an agent, a document verifying the right of agency shall be
attached to the forms under Paragraph (1) and (2). <Amended Jun. 30, 2001>
[Title amended Apr. 28, 2006]
Any person who registers an extension of the term of a patent right under Article 90 (1) of the Act shall submit to the
Commissioner of KIPO appended Form 30 - Application Form, attaching thereto the following documents: <Amended Dec. 31, 1998; Feb. 28, 2002; and Dec. 29, 2006>
1. one (1) copy of a document stating and verifying the reason for extension; and
2. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedures.
"The grounds for extension as prescribed by Decree of the Ministry of Knowledge Economy (accompanied by materials substantiating the grounds)" in Subparagraph 6 of Article 90 (1) of the Act shall mean any of the following materials: <Amended Dec. 31, 1993; Jun. 22, 1996; Jul.
1, 1997; Dec. 31, 1998; Sep. 30, 2008>
1. Necessity of obtaining approval or registration under Article 89 of the Act with respect to implementing the patented
invention subject to the application for extension of registration, and materials as proof thereof.
2. Period during which the patented invention cannot be implemented due to approval or registration under
Subparagraph 1, and materials as proof thereof.
3. Materials as proof of the fact that the person who obtained the approval or registration under Subparagraph 1is
the lawful holder, exclusive licensee or registered non-exclusive licensee of the patent right.
In making decision on whether or not to grant the extension concerning application for extension of registration of
patent right, the examiner shall report to the Commissioner of KIPO thereof and prepare a written decision, either
to reject extension or grant extension and enter his/her name and seal impressed thereon; provided that, in the
case the decision is to reject extension, matters set forth in Subparagraph 3 and 4 shall be exempted: <Amended Jun. 30, 2001>
1. extension application number;
2. patent number;
3. extension period
4. contents of approval or registration under Article 89 of the Act.
5. name and address of the registration extension applicant (in the case of a corporate entity, company name and
its business address);
6. name and address, or business address of the agent if the applicant of the registration extension is represented
by an agent, (if such an agent is patent corporation, entity name and address of the office and name of the assigned
patent attorney);
7. summary and grounds of such decision; and
8. day, month, and year of the decision.
[Title amended Jun. 30, 2001]
Upon extinguishment of a patent right under Article 124 of the Act, the Commissioner of KIPO
shall publicly notify the via the patent gazette the purport of such extinguishment.
(1) A personrequesting late payment or remainder payment fee
under Article 81-3 (1) of the Act shall indicate the reasons in Form 16 - Payment Form appended to the Enforcement
Rules of the Patent Registration Decree and submit it to the Commissioner of KIPO, attaching thereto the following
documents: <Amended May 17, 2003; Feb. 11, 2005; Sep. 1, 2005; and Sep. 30, 2008.>
1. one (1) copy of a document verifying the fact that the applicant for patent registration or the patentee failed
to make payment within the prescribed period or failed to make remainder payment within such period; and
2. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedures.
(2) Any patentee who applies for restoration of his/her patent right under Article 81-3 (3) shall indicate the reasons
in Form 16 - Payment Form appended to the Enforcement Rules of the Patent Registration Ordinance and submit it
to the Commissioner of KIPO, attaching thereto the following documents: <Amended Sep. 1, 2005; and Sep. 30, 2008>
1. one (1) copy of a document verifying the fact that the patented invention was being implemented during
the period for late payment or remainder payment.; and
2. one (1) copy of a document verifying the right of agency, in the event that an agent performs the procedures.
[This Article newly inserted Jun. 30, 2001] [Title amended May 17, 2003]
The Articles 24 until Article 41 shall be applied mutatis mutandis to the application and examination concerning the extension of registration of a patent right. <Amended Dec. 31, 1993>
(1) Any person who intends to petition for trial under Article 133, 134, 135 to 137 of the Act shall submit to the President of the IPT an appended Form 31 - Petition for Trial, attaching thereto the following documents: <Amended on February 23, 1998; December 31, 1998; June 30,
2001; February 28, 2002; May 17, 2003; December 29, 2006; and June 30, 2009 >
1. (Deleted). <February 28, 2002>
2. One (1) copy of a description that may be compared with and referred to the patented invention (bearing a specific
chart of comparisons with patented invention) and the necessary drawing; and
3. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent.
(2) Any person who intends to petition for trial under Article 136 of the Act shall submit an appended Form 31
- Request for Trial to the President of the IPT, attaching thereto the following documents: <Amended February 23, 1998; December 31, 1998; June 30, 2001; February 28, 2002; May 17, 2003; December 29,
2006; and June 30, 2009 >
1. (Deleted). <February 28, 2002>
2. one (1) copy of specific amendments and the drawings, if necessary(to be prepared in appended Form
15 and Form 17);
3. one (1) copy of a document verifying the right of agency in the case procedures are followed
through an agent; and
4. in the case where consent of exclusive licensee, pledge holder, or non-exclusive licensee is required, one (1) copy
of document verifying such consent.
(3) Any person who seeks request for trial under Article 138 of the Act shall submit appended Form 31 - Request
for Trial to the President of the IPT. <Amended February 28, 2002; and December 29, 2006>
(4) Any person who seeks request for trial under Article 132-3 of the Act shall submit appended Form 31 -
Request for Trial to the President of the IPT. <Amended February 28,
2002; September 29, 2006; and December 29, 2006>
Any person who intends to request for correction under Article 133-2 (1) or 137 (3) of the Act shall submit to
the President of the IPT appended Form 32 - Request for Correction, attaching thereto the following documents: <Amended December 29, 2006; and June 29, 2007>
1. each one (1) copy of specification of correction and drawing;
2. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent; and
3. in cases where the consent of an exclusive licensee, a pledge holder, or a non-exclusive licensee is required
under Article 133-2 (4) or Article 136 (7) as applied mutatis mutandis by Article 137 (4) of the Act, one (1) copy
of a document verifying such consent.
[Wholly amended on September 29, 2006]
(1) Upon receiving a petition for trial, the President of IPT shall grant a trial number and designate administrative
patent judges to form a tribunal bench for the case.
(2) Upon designating administrative patent judges under Paragraph (1) or any change of administrative patent
judges, the President of IPT shall notify the relevant party thereof by paper or by facsimile.
[Wholly amended on June 29, 2007.]
(1) Any person who intends to file a response under Article 147 (1) of the Act shall submit appended Form 24 -
Response Form to the President of IPT or the presiding administrative patent judge. <Amended on May 17, 2003; and
December 29, 2006>
(2) Any person who intends to file an argument under Article 147 (3), 156 (2), 159 (1) or 170 of the Act shall
submit Form 24 - Response Form to the President of IPT or the presiding administrative patent judge. <Amended on December 29, 2006>
[Wholly amended on February 28, 2002]
Any person who intends to file a petition for exclusion of an administrative judge under Article
149 or 150 (1) of the Act shall submit to the President of IPT appended Form 33 - Request regarding Trial. <Amended on December 29, 2006>
[Wholly amended on February 28, 2002] [Title amended on December 29, 2006]
Any person who intends to intervene into a trial under Article 156 of the Act shall submit to the President of IPT or the presiding administrative patent judge appended Form 33 - Petition Regarding Trial. <Amended on December 29, 2006>
[This Article was added on June 30, 2009.] [Wholly amended on February 28, 2002] [Title amended on December 29, 2006]
(1) Petition for trial, written response, argument and other documents related to trial under
Article 57 and 60 shall be filed with evidentiary material attached thereto.
(2) The evidentiary materials to be attached under Paragraph (1) shall be the comprehensive transcript in the case
of document, or a replica or photo serving as a substitute for the real matter in the case of an object; provided
that in addition to submitting specimens or objects, the petitioner shall indicate the purport of submitting additional
specimens or objects in documents concerning trial and submit it as attachment to appended Form 7 - Submission
Report of Electronic Document Attachment and Objects. <Amended on May 17, 2003; and December 29,
2006>
(3) The specimens under Paragraph (2) shall be compiled with drawings thereof, or explanations if drawings are not attachable.
(4) Any person who intends to file a petition for the preservation of evidence under Article 157
of the Act shall submit to the President of IPT or the presiding administrative patent judge appended Form 33 -
Request regarding Trial. <Amended on February 23, 1998; and December
29, 2006>
(5) In the case procedures are followed through an agent, a document verifying the right of agency shall be attached to the form under Paragraph (4). <Amended on June 30, 2001>
If necessary for trial, the President of IPT may send a copy of the relevant request for trial to the Commissioner of KIPO, and request the Commissioner to submit a written argument of the relevant examiner.
[Wholly amended on June 30, 2009.]
(1) The parties to the trial who intend to conduct oral proceedings under Article 154 (1) of the Act shall submit
to the President of IPT or the presiding administrative patent judge appended Form 33 - Petition Regarding Trial. <Amended February 28, 2002; and December 29, 2006>
(2) The language to be used for oral proceedings shall be Korean. [Title amended on June 30, 2001.]
(1) The parties to the trial who intend to request a witness shall submit to the President of IPT or the presiding
administrative patent judge appended Form 33 - Petition Regarding Trial, attaching thereto the following documents:
<Amended on December 29, 2006>
1. one (1) copy of a document describing the ground for the need to examine the witness and matters to question;
and
2. one (1) copy of a document verifying the right of agency in the case procedures are followed
through an agent.
(2) The parties or joint parties to the trial who intends to request an on-site inspection shall submit to the
President of IPT or the presiding administrative patent judge appended Form 33 - Petition Regarding Trial. <Amended on December 29, 2006>
[This Article was added on February 28, 2002.]
(1) The documents submitted after the notice of the closure of trial proceedings under Article
162 (3) of the Act shall not be referred to for decision in the trial, and such documents shall be returned to the parties
or joint parties only upon request; except where hearing has resumed under Article 162 (4) before such return.
(2) Any person who intends to request the return of the documents under Paragraph (1) shall submit to the President
of IPT or the presiding administrative patent judge appended Form 8 - Request for Return of Documents.
[Newly inserted on February 28, 2002; and December 29, 2006.]
The parties or joint parties who intend to reopen the hearing under Article 162 (4) of the Act shall submit to
the President of IPT or the presiding administrative patent judge appended Form
33 - Request Regarding Trial. <Amended December 29, 2006> [This Article newly inserted February 28, 2002.]
The written decision of trial shall indicate the matters listed below, on which the administrative patent judges who rendered said decision shall enter their names and signatures: <Amended June
30, 2001>
1. trial number;
2. name and address of the parties or joint parties (or applicant for intervention) (in the case of
corporate entity, company name and its business address);
3. name and address, or business address of the agent if the parties or joint parties are represented
by an agent (if such an agent is patent corporation, entity name and address of the office and name of the assigned
patent attorney);
4. indication of trial case;
5. summary text and grounds for the decision; and
6. date, month, and year of the decision.
Any person who intends to file a petition for determination of cost for trial or retrial shall submit to the
President of IPT appended Form 34 - Request Form, attaching thereto the following documents: <Amended December 29, 2006>
1. (Deleted). <February 28, 2002>
2. one (1) copy of each of cost breakdown and a document verifying it; and
3. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent.
[Wholly amended on December 31, 1998]
(1) Any person who intends to withdraw a request for trial under Article 161 (1) and (2) shall submit to the President
of IPT or the presiding administrative patent judge appended Form 12 - Withdrawal Form, attaching thereto the following
documents: <Amended on February 23, 1998; December 31, 1998; May 17, 2003; and December 29, 2006>
1. one (1) copy of a document verifying the opponent's consent, if such consent is required; and
2. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent.
(2) Upon the withdrawal of a request for trial, the presiding administrative patent judge shall notify in writing
thereof the parties, joint parties, or those who filed for intervention but were rejected. <Amended on February 23, 1998>
(3) Joint parties who intend to withdraw an intervention shall submit to the President of IPT or the presiding
administrative patent judge appended Form 12 - Withdrawal Form. <Added on February 28, 2002; and December 29, 2006>
[Title amended on February 28, 2002]
Any person who intends to file a petition for retrial under Article 178 (1) of the Act shall submit to the
President of IPT appended Form 31 - Request Form, attaching thereto the following documents: <Amended on December 29, 2006>
1. (Deleted). <February 28, 2002>
2. one (1) copy of a description that may be compared with and referred to the patented invention (which shall
bear specific chart of comparison with patented invention) and the necessary drawing (only for the confirmation of the
scope of a patent right); and
2-2 one (1) copy of specific corrections and drawing (only for trial for correction)
3. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent.
[Title amended on December 29, 2006]
Article 41 and 42 shall apply mutatis mutandis to the trial for the rejection of patent registration under Article 132-3 of the Act.
[Wholly amended on June 30, 2009]
A person who submits to the Commissioner of KIPO documents and other objects in relation to an international application that has been previously filed shall indicate the international application number in the document or on the objects. <Amended on December 31, 2003>
[Wholly amended on July 1, 1999]
The documents to be submitted to the Commissioner of KIPO in connection with an international application shall be written in the same language as one describing the Specification and the Claims of an international application (Hereinafter, "Language for International Application"); except for certificate of nationality, corporate certificate and other documents designated by the Commissioner of KIPO.
[Wholly amended on December 31, 2008]
(1) Any person who intends to submit documents (referring to application, specification, claims, drawings (if necessary),
summary and other documents) to the Commissioner of KIPO may do so by facsimile transmission.
(2) Upon finding that the whole or part of the documents submitted by facsimile transmission under Paragraph (1)
is not clear or a part of the documents is missing from the transmission, the Commissioner of KIPO shall notify the applicant
of the purport that the part which is not clear or not transmitted is deemed not to have been submitted.
(3) If the original copy is necessary to inspect the documents submitted under Paragraph (1), the Commissioner of
KIPO may request the person who has submitted the relevant document to submit the original thereof within fourteen (14)
days. <Amended on June 30, 2009>
(4) The person seeking to submit the original under Paragraph (3) shall submit to the Commissioner of
KIPO appended Form 35 - Document Submission Report, attaching thereto the following documents: <Amended on June 30, 2009>
1. one (1) copy of the original document requested for submission: and
2. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent.
(5) In the event that the person requested under Paragraph (3) to submit the original copy of the application, specification,
scope of the request, necessary drawings, or summary fails to submit the original within the designated period,
the application shall be deemed to have been withdrawn under Rule 92.4 (g) (i) of the Regulations
Under Patent Cooperation Treaty (Hereinafter, the "The Regulations of the Treaty".) <Amended on February 11, 2005; and June
30, 2009>
(6) In the event that the person requested under Paragraph (3) to submit the original copy of other documents than those set forth under Paragraph (5) fails to submit the original within the designated period, the application shall be deemed to have been withdrawn under Rule 92.4 (g) (ii) of the Regulations of the Treaty. <Amended on July 1, 1999>
[Wholly on amended July 1, 1999]
The following matters shall not be included in an international application:
1. expressions or drawings which runs afoul of public order;
2. expressions or drawings which runs afoul of good morals;
3. contents disparaging product, method, or application or advantage or merit of patent; and
4. contents unrelated to matters described in the international application or otherwise unnecessary matters.
[Wholly amended on July 1, 19990]
(1) Any person who follows international application procedures may report the appointment of his/her agent or representative by means of the application form on which he/she wrote his/her name or fix the impression seal or via a Request for International Preliminary Examination under Article 106-23 (2) (Hereinafter, the "Request for International Preliminary Examination".).
<Amended on December 31, 2008>
(2) In the case the agent or representative has written his name and gave his signature or affixed his impression
seal on the application or request for international preliminary examination, a power of attorney from the applicant
shall be attached to the application or request for international preliminary examination. <Amended on December 31, 2008>
(3) In the case a person following procedures concerning international application under Paragraph (1) and
(2) who has not reported the appointment of his/her agent or representative intends to report the appointment, dismissal,
or resignation of agent or representative after filing an application or after filing a request for international
preliminary examination, the person shall submit to the Commissioner of KIPO appended Form 36 - Report Form. In
this connection, in the case of reporting the appointment of an agent or appointment or dismissal of
the representative, a document verifying the contents of the report shall be attached thereto.
<Amended on June 30, 2001; December 29, 2006; and December 31, 2008>
(4) When a person following international application procedures reports the appointment of a new agent or representative after having reported the appointment of an agent or representative, the previously appointed agent or representative shall be deemed to have been dismissed, under Rule 90.6 of The Regulations of the Treaty; except where the report indicates the purport to keep the previously appointed agent or representative to continue to be the current agent or representative.
[Wholly amended on July 1, 1999]
(1) An agent of the person following international application procedures may appoint a
Sub-agent; unless the document verifying the right of agency indicates the purport that appointment of Sub-agent
is not allowed.
(2) To report appointment, dismissal or resignation of a Sub-agent under Paragraph (1), appended Form 36 shall be
submitted to the Commissioner of KIPO. In this connection, in the case of reporting the appointment of a Sub-agent,
a document verifying the contents of the report shall be attached thereto. <Amended on June 30, 2001; December 29, 2006; and December 31, 2008>
[Wholly amended on July 1, 1999]
(1) In the case a person following procedures of international patent registration submits a general power of attorney under Article 90.5 (b) of The Regulations of the Treaty, the person shall submit to the Commissioner of KIPO appended Form 37 - Submission of General Power of Attorney, attaching thereto a document verifying the general power of attorney granted.
<Amended June 30, 2001; and December 29, 2006>
(2) Attachment of a copy of the general power of attorney submitted under Paragraph (1) to an international application,
a request for an international preliminary examination and other documents concerning international application
shall replace the submission of the proving documents under Article 7 of the Act.
(3) In the case a person seeking international application reports the dismissal or resignation of the agent indicated
in the general power of attorney under Paragraph (1), the person shall submit to the Commissioner of KIPO appended
Form 37 - Report on Dismissal of General Agent or Report on Resignation of General Agent.
<Amended on June 30, 2001; December 29, 2006; and December 31, 2008> [Wholly amended on July 1, 1999]
Any person following the procedures related to an international application or an agent thereof, upon any change in the name, address, nationality, signature or registered seal, or any change in the name and address of the inventor, shall immediately submit to the Commissioner of KIPO appended Form 38 - Report on Change of Information on Application, attaching thereto the following documents: <Amended on June 30, 2001; December 29, 2006; and December 31,
2008>
1. one (1) copy of the document verifying the fact reported: and
2. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent.
[Wholly amended on July 1, 1999]
(1) Upon any change in the entry of the person following procedures related to international application or the inventor,
Form 38 - Report on Change of Information on Application shall be immediately submitted to the Commissioner
of KIPO. <Amended on June 30, 2001; and December 29, 2006>
(2) In the case procedures are followed through an agent, a document verifying the right of agency shall be attached
to the Report under Paragraph (1).
[Wholly amended on July 1, 1999] [Title amended on June 30, 2001]
(1) In the event that the documents submitted by the applicant for international registration (excluding application,
specification, scope of request, drawing and summary) fail to meet the requirements set forth in Article 2 or 74,
the Commissioner of KIPO shall require, in writing, the supplementation thereof, within a certain designated period.
(2) Any person who intends to conduct supplementation under Paragraph (1) shall submit to the Commissioner of KIPO
appended Form 39 - Supplementation Form. <Amended June 30, 2001; and December 29, 2006>
(3) In the case procedures are followed through an agent, a document verifying the right of agency shall be attached
to the Supplementation Form under Paragraph (2).
(4) In the event that the person required to complete supplementation of documents within the designated period under
Paragraph (1) fails to do so, the Commissioner of KIPO shall notify the applicant of the purport that the relevant
documents shall be deemed not to have been submitted.
[Wholly amended on July 1, 1997]
(1) In the event that an applicant for an international application, under Article 91.1 (a) of the Regulations of
the Treaty, intends to correct an obvious error in the relevant international application or its supplement
form, the applicant may request the Commissioner of KIPO to make correction of the error.
(2) An applicant for international registration who intends to correct obvious errors under Rule
91.1 (a) of the Regulations of the Treaty in any of the documents listed below may request the Commissioner of KIPO
to make correction of said error only in case the Commissioner of KIPO performs an international search under Article
15 of the Treaty with respect to the relevant
application for international registration (Hereinafter, the "International Search") or international preliminary
examination under Article 33 of the Treaty (Hereinafter, the "International Preliminary Examination"):
1. specification, scope of request, drawing or a supplement thereof; or
2. documents under Rule 91.1 (b)(iii) of the Regulations of the Treaty.
(3) An applicant for international registration may request the Commissioner of KIPO for the correction of obvious
error in documents other than those set forth in Paragraph (1) and (2) (only when the relevant documents have been
submitted to the Commissioner of KIPO.)
(4) Upon finding an obvious error in the international application and other documents, the Commissioner of KIPO may
require the applicant to request for correction under the provisions of Paragraph (1) through (3), under Rule 91.1 (h)
of The Regulations of the Treaty.
(5) Any person who intends to request for correction under the provisions of Paragraph (1) through (3) shall submit
to the Commissioner of KIPO appended Form 39 - Request for Correction within twenty-six (26) months from
the priority date under Article 2 (xi) of the Treaty (Hereinafter, the "Priority Date".)
(6) In the case procedures are followed through an agent, a document verifying the right of agency shall be attached
to the Request for Correction under Paragraph (5).
(7) Upon receiving the request for correction under the provisions of Paragraph (1) to (3), the Commissioner of KIPO
may recognize correction of the errors under the provisions of Rule 91.1 (c) through (f) of the Regulations of
the Treaty; except where such request for correction falls under Rule 91.1 (g) of the Regulations of the Treaty.
(8) Recognition of correction under Paragraph (7) shall take effect upon and from:
<Amended December 31, 2008>
1. the international filing date under Article 11 of the Treaty (Hereinafter, the "International Filing Date".),
if an obvious error is found in application, specification, scope of request or drawing; or
2. the date of the submission of the document, if an obvious error is found in any other document than those set
forth in Subparagraph 1.
(9) The Commissioner of KIPO shall notify the applicant of the purport to recognize the correction requested
under the provisions of Paragraph (1) through (3), or the purport not to recognize the correction stating the ground
thereof, as the case may be.
[Wholly amended on June 29, 2007]
Submission of documents explaining the absence of applicant name or affixed seal under Rule
4.15(b), 53.8 (b) or 90bis.5(b) shall be in appended Form 40 - Submission of Explanation
[Wholly amended on December 31, 2008]
(1) In the case the submission of documents concerning an international application to the Commissioner of
KIPO pursuant to present laws and regulations is done by registered mail, for which certain period for submission
has been set, if the relevant documents is not delivered within the said period due to delay in mail, the applicant
may submit to the Commissioner of KIPO the evidence proving the fact that he sent the documents by mail five
(5) days prior to the due date of submission; except where the relevant documents were not sent by air mail when
the relevant documents can be mailed by air mail and it is evident that delivery takes at least three (3) days
in any means other than air mail.
(2) Submission of evidence under Paragraph (1) shall be completed within one (1) month from the day on which the
applicant takes notice or should with a considerable care takes notice of delay in delivery of document and six
(6) months from the date of expiry of the submission period.
(3) Where it is recognized that the cause of failure of delivery within the submission period is due to a delay
in mail based on the submitted evidence under Paragraph (1), the relevant documents shall be deemed to have been
delivered within the submission period.
[Wholly amended on July 1, 1999]
The provision of Article 86 shall be applied mutatis mutandis to lost mail in the case of submission by mail of documents for international application. In this application, the "evidence" under Article 86 (1) and (3) shall be deemed to be "evidence or new documents in replacement of the documents lost and an evidence certifying that new documents are the same with the documents lost"; "due to mail delay" under Article 86 (1) and (3) shall be "due to loss of mail"; and "relevant documents" in Article 86 (3) shall be "new documents submitted in replacement of the lost documents".
[Wholly amended on July 1, 1999]
(1) In the case the submission to the Commissioner of KIPO pursuant to laws and regulations os done by mail, the documents
concerning international application for which a certain period for submission has been set, if the relevant documents
has not been delivered within the submission period due to interruption of mail service within ten (10) days prior
to the expiry of the submission period by reason war, rebellion, riot, strike, Act of God or other similar accident
having arisen in the area where the applicant or his agent or business place is located, the applicant may submit
to the Commissioner of KIPO the evidence proving the purport.
(2) Article 86 (2) shall be applied mutatis mutandis to submission of evidence under Paragraph
(1).
(3) Where it is recognized that the failure of delivery within the submission period is due to mail delay based
on the submitted evidence under Paragraph (1), and the applicant proves that he sent the relevant document by mail
within five (5) days from the day when the mail service is recovered, the relevant documents shall be deemed
to have been delivered within the submission period.
[Wholly on amended, July 1, 1999]
If the Regulations of the Treaty have different provisions than these Rules with respect to international application, said provisions shall be applied.
[Wholly amended on December 31, 2003]
"A person who meets the requirements prescribed by the Decree of the Ministry of Knowledge Economy" under Subparagraph 4 of Article 192 shall refer to a person other than those falling under Subparagraph 1 through 3 of the same Article who files a joint application with one (1) or more Korean national or a foreigner who has a residential or business address. <Amended September 30, 2008>
[Wholly amended on July 1, 1999]
"A language prescribed by Decree of the Ministry of Knowledge Economy" under Article 193 (1) shall refer to Korean, English, or Japanese.
[Wholly amended on December 31, 2008]
(1) A person intending to file an international application shall submit to the Commissioner of KIPO the international
application attaching thereto one (1) copy of the specification, claims and drawings or summary; provided that, in
case of the submission of relevant documents including the international application, three (3) copies of each shall be
submitted.
(2) In case a person submitting the application etc. in writing under the proviso of Paragraph (1) seeks reduction of
fees under Rule 102bis of the Administrative Instructions of Patent Cooperation Treaty (Hereinafter, "Treaty
Administrative Instructions".), he shall additionally submit electronically a copy of the application and a
summary under Rule 102bis of Treaty Administrative Instructions. <Amended on February 11, 2005>
(1) International application shall be prepared in appended Form 41, appended Form 41-2 or appended Form 42; provided
that the application form under Article 92 (2) shall be prepared in accordance with Rule 102bis of Treaty Administrative
Instructions. <Amended on June 30, 2001; December 29, 2006; and December 31, 2008>
(2) Specification of international application, claims, summary and drawing shall be prepared in appended Form 43,
44, 45 and 46, respectively. <Amended on December 29, 2006; and June 30,
2009>
[Wholly amended on July 1, 1999]
(1) When an international application is submitted under Article 92, the following matters shall be deemed to have
been complied with: <Amended on December 31, 2008>
1. designation of all of the signatory countries bound by the Treaty on the day of international
application;
2. notation that it shall serve all kinds of rights that can be obtained at each of designated signatory countries
(Hereinafter, the "Designated Countries".) which are subject to the application of Article 43 and
44 of the Treaty;
3. notation that is shall serve as a territorial patent [patent under Article (iv) of the Treaty] in each of the
Designated Country in accordance with Article 45 (1) of the Treaty and as a domestic patent [excluding a case where
Article 45 (2) of the Treaty applies.]
(2) Notwithstanding Paragraph (1), an international applicant may exclude the designation of a signatory country and
such exclusion shall have the same consequences as the withdrawal of an earlier national application as a basis
for claim of priority right under Rule 4.9 (b) of the Regulations of the Treaty.
[This Article was added on December 31, 2003]
Upon receipt of the documents submitted as an international application, the Commissioner of KIPO shall notify the applicant of the international application number and the date of receipt of such international application.
[Wholly amended on July 1, 1997]
If the written application contains matters not provided for in Article 193 (2) and these Rules, the Commissioner of KIPO shall eliminate such matters ex officio.
[Wholly amended on July 1, 1999]
(1) If an international application has been submitted in a language not recognized by the international searching
authority, the applicant shall, for the sake of international search, submit to the Commissioner of KIPO a translation
into a language recognized by the international searching authority under Rule 12.3 (a) of the Regulations of the
Treaty within one (1) month from the day of receipt of the international application.
(2) In case the applicant fails to submit the translation within the period prescribed in Paragraph (1) , the Commissioner
of KIPO shall require the applicant for supplementation by submitting the translation within one (1) month.
(3) In the event the applicant fails to submit translation within the period set forth in Paragraph (2), or to
pay late charge as provided by Item 4 of Article 10 (1) 4., the application shall be deemed to have been withdrawn.
In such a case, the Commissioner of KIPO shall notify the applicant thereof. <Amended on February 11, 2005; and July 1, 2005>
(4) The person who intends to submit a translation under Paragraph (1) and (2) shall submit to the Commissioner
of KIPO appended Form 35 - Document Submission Report, attaching thereto the following documents: <Amended on December 29, 2006; and June 30, 2009>
1. one (1) copy of the translation for international search: and
2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.
[This Article was added on December 31, 2003]
Any person who intends to amend the procedure under Article 194 (2) of the Act shall submit to the Commissioner
of KIPO appended Form 39 - Supplementation Form, attaching thereto the following documents: <Amended June 30, 2001; and December 29, 2006 >
1. three (3) copies of the Supplementation Forms: and
2. one (1) copy of a document verifying the right of agency in case procedures are followed
through an agent.
[Wholly amended July 1, 1999]
In the event that the person required to amend the procedure under Article 194 (2) fails to amend said procedure within the granted period 2), the Commissioner of KIPO shall notify the applicant of the purport that the application shall not be treated as international application under Rule 20.4(i) of the Treaty Regulation. <Amended on December 31, 2008>
[Wholly amended on July 1, 1999]
(1) "The period prescribed by Decree of the Ministry of Knowledge
Economy" in Article 194 (2) of the Act shall mean two (2) months from the date of notification under Paragraph (3)
of the same Article.
<Amended on September. 30, 2008; and December31, 2008 >
(2) Any person who intends to submit drawings under Article 194 (4) of the Act shall submit to the Commissioner of KIPO appended Form 35 - Document Submission Report, attaching thereto the following documents:
<Amended June 30, 2001; and December 29, 2006 >
1. three (3) copies of drawings: and
2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.
[Wholly amended July 1, 1999]
(1) When establishing an international filing date under Article 194 (1) of the Act, the Commissioner
of KIPO shall require the applicant to supplement the missing part within two (2) months if:
1. a part of the specification or claims is missing(excluding the case falling under Subparagraph
3. Of Article 194 (1)); or
2. the whole or a part of the drawing is missing.
(2) Notwithstanding the provisions of Paragraph (1), the applicant may submit the missing part to the Commissioner
of KIPO within two (2) months from the date of receipt of international application.
(3) Any person who intends to submit the missing part under Paragraph (1) or (2) shall submit to the Commissioner
of KIPO appended Form 35 - Document Submission Report, attaching thereto the following documents: <Amended on June 30, 2001; and December 29, 2006 >
1. three (3) copies of the specification, the claims or drawings indicating the missing part: and
2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.
(4) The applicant may submit an argument on the request for supplementation to the
Commissioner of KIPO within the period set forth in Paragraph (1).
(5) Any person who intends to submit an argument under Paragraph (4) shall submit to the Commissioner of KIPO appended
Form 40 - Submission of Argument, attaching thereto the following documents:
1. one (1) copy of argument: and
2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.
(6) Upon receipt of the Document Submission Report under Paragraph (3), the Commissioner of KIPO shall acknowledge
the date of receipt of relevant documents as the date of international application under the main part of the
said Report, excluding Subparagraphs of Article 194 (1) of the Act; except where the relevant date of receipt comes
earlier than the date acknowledged as international application under Article 194 (4) of the Act.
[This Article was added on December 31, 2008]
Upon acknowledging the date of international application, the Commissioner of KIPO shall notify the applicant thereof. <Amended on December 31, 2003>
[Wholly amended on July 1, 1999]
(1) When the date of international application is acknowledged under the main part of the Report as provided for by Article
99-2 (6), the applicant for international registration may withdraw the documents submitted under Article 99-2 (3)
within one (1) month from the date of notification under Article 100.
(2) In the event that submission of document is withdrawn under Paragraph (1), the acknowledgement of
the date of international application under main part of Article 99-2 (6) shall be deemed not to have taken place.
(3) Any applicant who intends to withdraw the submission of documents under Paragraph (1)
shall submit to the Commissioner of KIPO appended Form 49 - Request for Withdrawal. [This Article was added on December 31, 2008.]
(1) The "requirements prescribed by the Decree of the Ministry of Knowledge Economy" under
Subparagraph 4 of Article 195 of the Act shall mean the following matters: <Amended on June
30, 2001; December 31, 2003; December 29, 2006; September. 30, 2008; and December 31,
2008>
1. There shall be description of the address (in case of corporation, location of its business) and the nationality
of the applicants (if the number of applicants is two or more, at least one of the applicants must fall under
the requirements of Subparagraph 1. or 2 of Article 192 of the Act);
2. The applicant or his agent (if two or more applicant or agents, there must be at least one applicant or agent
amongst them) shall write his/her name and affixed his/her signature or seal; provided that, in case the agent
writes his name and affixed his signature or seal, a power of attorney on which the applicant (if two or more
applicant or agents, all of the applicants) has written his name and affixed his/her signature or seal shall be attached;
and
3. Specification of international application, claims, drawing and summary shall be prepared in appended Form 41, 41-2,
42 through 46.
(2) Any person who intends to amend the procedure under Article 195 of the Act shall submit to the Commissioner
of KIPO appended Form 39 - Supplementation Form, attaching thereto the following documents: <Amended on June 30, 2001; and December 29, 2006>
1. three (3) copies of Supplementation Forms: and
2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.
[Wholly amended on July 1, 1999]
(1) An applicant who intends to amend or add to claim of priority right shall complete such amendment or addition
on or before either one (1) year and four (4) months from the priority date (if priority date has been changed
due to amendment or addition to claim of priority right, the one year and four month period shall be counted from changed
priority date or one year and four months from the priority date, whichever is earlier) or four (4) months after
the date of international application, whichever is later.
(2) If the Commissioner of KIPO receives the Supplementation Form under Paragraph (4) after the applicant has filed
an early international public opening, the relevant documents shall be deemed not to have been submitted; except
where the applicant withdrew the request for the early international public opening before technical preparation for
such early international public opening is completed.
(3) In the event of a change to the priority date due to amendment or addition to the claim of priority right,
the period not completed when counted from the priority date before change shall be added to the changed priority
date.
(4) Any person who intends to conduct an amendment or addition under Paragraph (1) shall submit to the Commissioner
of KIPO appended Form 39 - Supplementation Form. <Amended on June 30, 2001; and December 29, 2006>
(5) In case procedures are followed through an agent, a document verifying the right of agency shall be attached
to the Supplementation Form under Paragraph (4). <Amended on December 29,
2006>
[Wholly amended on July 1, 1999]
(1) In case any of the events enumerated below takes place, the Commissioner of KIPO shall request the applicant
to amend the claim of priority right: <Amended on December 31, 2008>
1. The date of international application does not fall within one (1) year from the priority date;
2. The claim of priority right does not meet the requirements under Rule 4.10 of the
Regulations of the Treaty; or
3. Contents described with respect to the claim of priority right do not conform to contents described in the documents
for priority right.
(2) Any person who intends to conduct an amendment under Paragraph (1) shall submit to the
Commissioner of KIPO appended Form 39 - Supplementation Form. <Amended on June 30,
2001; and December 29, 2006>
(3) In case procedures are followed through an agent, a document verifying the right of agency shall be attached to the Supplementation Form under Paragraph (2). <Amended on December 29,
2006>
(4) In the event that the person who has been requested to conduct amendment to the claim of priority right fails
to conduct such amendment within the period set forth in Article 102 (1), the Commissioner of KIPO shall notify
the applicant of the purport that the claim of priority right shall be deemed not to exist; provided that, any
of the following cases shall not by itself constitute non-existence of the claim of priority right: <Amended December 31, 2008>
1. The number of the earlier application under Rule 4.10 (a) (ii) of the Regulations of the
Treaty is not indicated.
2. Contents described with respect to the claim of priority right do not conform to contents described in the documents
for priority right under Article 106-6 (1).
3. The date of international application has passed the priority date by one (1) year, but less than two (2) months
from such date.
(5) If there is an amendment to the claim of priority right which meets all of the following
requirements, the relevant amendments shall be deemed to have been conducted within the period under Article 102 (1).
<Added on December 31, 2008>
1. When it was conducted within one (1) month from the expiry of the period under Article
102 (1); and
2. When it was conducted before notification under the main part of Paragraph (4) excluding each subparagraph.
[Wholly amended on July 1, 1999]
(1) When an applicant for international registration fails to pay fees under Subparagraph 1 of Article 10 (2) of Fee Collection Rules, the Commissioner of KIPO shall require the applicant to pay relevant fees and late charges within one (1) month under Rule 16bis. 1 (a) of the Regulations of the Treaty. <Amended on June 30, 2001; and December 29, 2006>
[Wholly amended on July 1, 1999]
(1) The "period prescribed by the Decree of the Ministry of Knowledge Economy" in Subparagraph 2 of Article 196 (1) of the Act shall mean one (1) month from the day on which request is made to supplement unpaid fees under Article 104 (1). <Amended on September. 30,
2008>
(2) The period set forth in Subparagraph 3 of Article 196 (1) shall be four (4) months from the date of international application. <Amended on September. 30, 2008>
[This Article was added on July 1, 1999]
(1) In the event where the international application is deemed to have been withdrawn by falling under the application
of Subparagraph 3 of Article 196 (1), the Commissioner of KIPO shall notify the applicant of such purport and reason
in advance.
(2) Upon receipt of the notification under Paragraph (1), the applicant shall within two (2) months from the date
of notification submit to the Commissioner of KIPO appended Form 40 - Argument Submission Form, attaching thereto
the following documents: <Amended on June 30,
2001; December 29, 2006; and June 30, 2009>
1. one (1) copy of a written argument: and
2. one (1) copy of a document verifying the right of agency in case procedures are followed through an agent.
[This Article was added on July 1, 1999]
The first described applicant falling under Subparagraph 1 or 2 of Article 192 of the Act shall be designated as the common representative for the applicants under Article 197 (2).
[This Article was added on July 1, 1999]
Any person who intends to pay the fees pursuant to Article 198 of the Act shall submit to the Commissioner of KIPO appended Form 47 - Fee Payment Form. <Amended on June 30, 2001; and December 29, 2006>
[This Article was added on July 1, 1999]
(1) Any person who intends to claim priority right based on domestic or international application under Article 2
(vi) of the Treaty shall within one (1) year and four (4) months submit to the Commissioner of KIPO appended
Form 48 - Request for Delivery of Documents for Priority Right, attaching thereto the comprehensive transcript
of relevant domestic or international application recognized by the authority which has received the
domestic or international application (Hereinafter, "Documents for Priority Right"). <Amended on June 30, 2001; and December 29, 2006>
(2) Any person who intends to claim priority right based on domestic or international application for patent, or
utility model right may request the Commissioner of KIPO to deliver the Documents for Priority Right
to the international bureau either by indicating in the international application the purport to request for delivery
of Documents for Priority Right or by submitting to the Commissioner of KIPO appended Form 48 - Request for Delivery
of Documents for Priority Right within one (1) year and four (4) months from the priority date. <Amended on June 30, 2001; February 11, 2005; December 29, 2006; and December 31, 2008>
(3) Any person who intends to claim priority right based on patent application, utility model application or international
application which can be obtained through the electronic library under Rule 17.1(b-bis) of Treaty Regulations may
request the Commissioner of KIPO to deliver the
Documents for Priority Right to the international bureau by submitting to the Commissioner of KIPO appended Form 48
- Request for Delivery of Documents for Priority Right within one (1) year and four (4) months from the priority
date. <Added on December 31, 2003; and December
29, 2006>
(4) In case procedures are followed through an agent, a document verifying the right of agency shall be attached to the Form under Paragraph (1) through (3). <Amended on December 31,
2003; and December 29, 2006>
[This Article was added on July 1, 1999]
(1) An applicant for international registration may withdraw an international application, a designation of
Designated Countries, a request for international preliminary examination or a choice of chosen countries; except
for the following cases: <Amended Jun 30, 2001; and December 31, 2003>
1. Two (2) years and six (6) month have passed from the priority date; or
2. The request has been made pursuant to Article 23 (2) and 40 (2) of the Treaty.
(2) Any person who intends to withdraw under Paragraph (1) shall submit to the Commissioner of KIPO two (2) copies
of appended Form 49 - Request for Withdrawal. <Amended on June 30,
2001; and December 29, 2006>
(3) In case procedures are followed through an agent, a document verifying the right of agency shall be attached to
the withdrawal form under Paragraph (2).
(4) In the absence of a common agent or representative on behalf of all the applicants
(excluding the representative under Article 197 (2)), for the withdrawal under Paragraph (1) to be effective, all of the
applicants shall write their own name and affix their signature or seal.
<Amended on December 31, 2008>
[This Article was added on Jul 1, 1997]
(1) In the following cases, the paid fee for international application shall be returned upon request of the applicant.
<Amended on December 31, 2003>
1. The date for international application has not been recognized.
2. The international application was withdrawn or deemed to have been withdrawn before the original transcript of international
application under Article 12 (1) of the Treaty is delivered to the international bureau.
3. Filing of an application in a foreign country is prohibited under Article 15 of the Decree.
(2) In any of the following cases, the paid search fee shall be returned upon request of the applicant:
1. The international application was withdrawn or deemed to have been withdrawn before the copy for search for international
application (Hereinafter, "Copy for Search".) under Article 12 (1) of the Treaty is delivered to the international
bureau.
2. It falls under the provisions of Subparagraph 1 or 3 of Paragraph (1). [This Article was added on July 1. 1999]
(1) An applicant for international registration may, after one (1) year and two (2) months from the priority date,
submit a copy of international application to the Commissioner of KIPO to request for verification that it is identical
with the international application as of filing such international application.
(2) In the event that the request under Paragraph (1) falls under the application of Rule 22.1 (e) of the Treaty
Regulation, the Commissioner of KIPO may refuse to grant verification under said Regulation.
(3) An applicant for international registration may send to the international bureau the copy of the verified international
application under Paragraph (1).
[This Article was added on July 1, 1999.]
Upon receipt of the Copy for Search sent according to Rule 23.1 of the Treaty Regulations, the
Commissioner of KIPO shall immediately notify the applicant of the receipt and the date thereof. [This Article was added in Jul. 1, 1999]
(1) With respect to the international application for which an international filing date is established
according to Article 194 of the Act, the Commissioner of KIPO shall cause the examiner to prepare the international
search report as provided by Article 18 (1) of the Treaty (Hereinafter, the "International Search Report".)
and the written opinion as provided by Rule
43bis.1 of the Treaty Regulations (Hereinafter, the "Written Report of International Searching Authority");
except where the applicant has designated any entity other than KIPO as the International Searching Authority.
<Amended in Dec. 31, 2003>
(2) If the Prior Application, which a claim of priority right is based upon is prepared in any language other than
Korean or English, Commissioner of KIPO shall request the applicant to submit a Korean translation thereof within a
designated time. <Newly added in Feb. 11, 2005>
(3) Any person who intends to submit the translation under Paragraph (2) shall submit to the Commissioner of KIPO
appended Form 35 - Document Submission Report, attaching thereto the following documents: <Newly added in Feb. 11, 2005; and Dec. 29, 2006>
1. One (1) copy of translation; and
2. One (1) copy of a document verifying the right of agency Where procedure are followed through an agent.
(4) Where the person who is requested to submit the translation fails to do so within the
designated period under Paragraph (2), no priority right shall be deemed to exist with respect to the relevant
international application and the Written Report of the International Searching Authority may be prepared. <Newly added in Feb. 11, 2005>
(5) Notwithstanding Paragraph (1), the examiner shall not prepare the International Search Report if each
and every claim of the international application falls under any of the following cases: <Amended in Jun 30, 2009>
1. If the subject of international application is:
a. A scientific or mathematical theory;
b. (Deleted) <Jun 30, 2009>
c. A business activity, performance of purely mental activity, or a plan, rule or method of entertainment;
d. A method of treating or diagnosing people by operation or medical treatment;
e. A simple presentation of information; or
f. A computer program the earlier technology for which cannot be examined by the examiner.
2. Where specification, claims, or matters necessary for drawings are not described, or are seriously ambiguous that
an international search is not feasible.
(6) Where a part of the claims in an international application falls under any of the subparagraphs
of Article 5 or if any Item thereunder is in violation of the Rule 6.4(a) of the Treaty Regulations, the examiner
shall state the purport in the International Search Report and refrain from conducting an international search with
respect to the related claims. <Amended in Feb. 11, 2005>
(7) With respect to the claims for which an international search has not been conducted in accordance with Paragraph
(5) or (6), the examiner shall state the purport in the Written Report of the International Searching Authority
and refrain from presenting an opinion with respect to the scope of the relevant request. <Newly added in Dec. 31, 2003; and Feb. 11, 2005>
[This Article was added in Jul. 1, 1999] [Title amended in Dec. 31, 2003]
(1) Where falling under any of the sequences listed below or where a written statement has not
been submitted with respect to an international application including Nucleic sequence or amino acid sequence, the
examiner may require the submission of the sequence list or a written statement. In such a case, payment
of additional fee may be required under Rule 13ter.1 of the Treaty Regulations. <Amended in Feb. 11, 2005>
1. A written sequence list based on the criteria set forth in the Treaty Administration Instruction
(Hereinafter, the "Criteria".);
2. An electronic sequence list based on the Criteria; and
3. A written statement that the electronic sequence list is identical to written sequence list.
(2) A person required to submit or pay under Paragraph (1) who intends to submit the sequence list or
the written statement or pay the late submission fee shall submit to the Commissioner of KIPO appended
Form 35 - Document Submission Report, attaching thereto the following documents: <Amended in Feb. 11, 2005; and Dec. 29, 2006>
1. One (1) copy of relevant sequence list or written statement requested to submit: and
2. One (1) copy of a document verifying the right of agency where procedures are followed through an agent.
(3) The examiner shall not conduct an international search with respect to the claims for which a
valid international search is not feasible for failure of the person required under Paragraph (1) to submit the sequence
list or a written statement or pay the additional fee within the designated period. < Amended in Feb. 11, 2005>
(4) Matters indicated in the sequence list submitted with the submission request pursuant to Paragraph (1) which has
not been included in the first international application shall not be deemed to be a part of the international application.
(5) With respect to the claims for which he has not conducted an international search under Paragraph (3), the examiner
shall state the purport in the written opinion and refrain from stating his opinion with respect to the scope of the
relevant request.
[This Article was added in Dec. 31, 2003] [Title amended in Dec. 31, 2003]
(1) If the list of sequence in the specification fails to meet the requirements set forth in Rule
5.2(b) of the Treaty Regulations, the examiner shall require the applicant to correct it within a designated period.
(2) Any person who intends to correct under Paragraph (1) shall submit to the Commissioner of
KIPO appended Form 35 - Document Submission Report, attaching thereto the following documents: <Amended in Dec. 29, 2006>
1. Three (3) copies of the Correction form: and
2. One (1) copy of a document verifying the right of agency where procedures are followed
through an agent.
(3) The provisions of Article 106-12(4) shall apply mutatis mutandis to the request for the
Correction form submitted pursuant to Paragraph (1). [This Article was added in Jul 1, 1999]
(1) Where the international application fails to meet the requirement of unity of the invention provided by Article
17 (3) (a) of the Treaty, the examiner shall request for the payment of an additional fee within a designated period.
(2) If the person who received a request to pay additional fee under Paragraph (1) (Hereinafter, "Request for
Additional Fee".) pays it within the designated period, the examiner shall conduct an international search with
respect to the relevant invention.
(3) If the person who received Request for additional fee fails to pay it within the designated period, the examiner
shall prepare an International Search Report with respect to the part of the international application related to the
invention first stated in the claims or the inventions with a single general inventive concepts.
(4) When preparing an International Search Report with respect to the international application under Paragraph (3),
the examiner shall indicate the purport in the written opinion and present his opinion on the claims only. <Newly added in Dec. 31, 2003>
(5) Any person who intends to pay additional fee shall submit to the Commissioner of KIPO
the documents as appended in Form 50. <Amended in Dec. 29, 2006> [This Article was added in Jul. 1, 1999]
(1) Any person who received a Request for Additional Fee under Article 106-14 (1) shall raise the objection (Hereinafter,
"Objection to Request for Additional Fee".) to the Commissioner of KIPO by submitting documents under Paragraph
(5) of the same Article, attaching thereto the written statements of the reasons thereof, if falling under any
of the cases listed below. To raise an Objection to Request for Additional Fee, the fee for review thereof (Hereinafter,
"Fee for Objection to Request for Additional Fee".) shall be paid. <Amended in Feb. 11, 2005>
1. The international application meets the requirements for unity of the invention under Article
17 (3) (a) of the Treaty; or
2. The amount of the additional fee stated in the Request for Additional Fee is unreasonably high.
(2) (Deleted) <Feb. 11, 2005>
(3) Any person who intends to pay a Fee for Objection to Request for Additional Fee shall submit to the Commissioner
of KIPO the documents as appended in Form 50. <Amended Dec.
29, 2006>
(4) If the person who intends to pay Fee for Objection to Request for Additional Fee under Paragraph (1) fails to pay the Fee within the period provided by Article 106-14 (1), the Objection to Request for Additional Fee shall be deemed not to have been raised in the first place. <Amended in Dec. 29, 2006>
[This Article was added in Jul. 1, 1999]
(1) Objection to Request for Additional Fee shall be reviewed and decided by a three-examiner bench.
(2) For each Objection to Request for Late Submission Fee, the Commissioner of KIPO shall appoint examiners to constitute
the three-examiner bench provided by Paragraph (1). <Amended in Feb. 11, 2005>
(3) Out of the examiners appointed under Paragraph (2), the Commissioner of KIPO shall appoint one as the
chief examiner.
(4) The decision under Paragraph (1) shall be in a written document stating items listed below,
and shall be signed or seal-affixed by the examiners who made the decision: <Amended in Jun.
30, 2001>
1. The case number of Objection to Request for Additional Fee;
2. Name and address of the applicant for Objection to Request for Additional Fee (in the case of a corporation,
the company name and business address);
3. Name and address, or business address of the agent if represented by an agent, (if such an
agent is patent corporation, entity name and address of the office and name of the assigned patent attorney);
4. Summary text and reasoning of the decision; and
5. Day, month, and year of the decision.
(5) If a decision is made to refund the whole or a part of the already paid additional fee to the applicant,
the Commissioner of KIPO shall refund the amount to the applicant. In this connection, if the whole amount of
additional fee is refunded, the Fee for Objection to Request for additional Fee shall also be refunded therewith. <Amended in Feb. 11, 2005>
(6) When a decision is made on the Objection to Request for Additional Fee, the chief examiner shall notify the
applicant thereof.
[This Article was added in Jul. 1, 1999]
(1) The title of the invention of the international application shall be determined by the examiner in
any of the following events:
1. Title of invention is not indicated in the international application and no notice has been received concerning
the title of the invention pursuant to Rule 37.2 of the Treaty Regulations; or
2. The title of the inventions as described in the international application fails to meet the requirements set
forth in Rule 4.3 of the Treaty Regulations.
(2) The examiner shall indicate the title of the invention determined under Paragraph (1) in the
International Search Report.
[This Article was added in Jul. 1, 1999]
(1) In any of the following events, the examiner shall newly prepare the abstract:
1. Abstract is not included in the international application and no notice has been received concerning the abstract
pursuant to Rule 38.2 of the Treaty Regulations; or
2. The abstract as included in the international application fails to meet the requirements set forth in Rule 8
of the Treaty Regulations.
(2) The Commissioner of KIPO shall attach the abstract prepared by the examiner under
Paragraph (1) to the International Search Report and send it to the applicant.
(3) Where there is an application for Correction or opinion statement with respect to the abstract under Paragraph
(1) within one (1) month from the date of sending International Search Report or the examiner does not newly
prepare the abstract, the applicant may apply for Correction to the abstract prepared by him/her. <Amended in Jun, 2007>
(4) The applicant shall submit to the Commissioner of KIPO the appended Form 39 - Correction Form,
in the case of application for Correction under Paragraph (3), or appended Form 40 - Submission of Opinion, attaching
thereto the following documents: <Amended in Jun.
29, 2007>
1. Two (2) copies of a Correction letter (only when Correction is applied for);
2. One (1) copy of an Argument (only when an argument is stated); and
3. One (1) copy of a document verifying the right of agency where procedures are followed through an agent.
(5) Where a Correction or an Arguemnt is submitted under Paragraph (4), the examiner shall decide on whether to
grant Correction, and once the Abstract is corrected, he/she shall notify the international bureau thereof. <Newly added in Jun. 29, 2007>
[This Article was added in Jul. 1, 1999]
(1) The examiner shall indicate the following matters in the International Search Report:
1. International application number;
2. Date of international application;
3. Name or title of the applicant;
4. Matters concerning unity of the invention;
5. Title of the invention, Abstract and number of drawings disclosed together with the abstract;
6. International patent classification code for the area to which the invention belongs;
7. International patent classification code for the area for which an international search was conducted;
8. Document on related art;
9. The date of closing international search; and
10. Other necessary matters.
(2) The examiner shall indicate the following matters in the Written Report of the International
Searching Authority: <Newly added in Dec. 31, 2003>
1. Matters concerning Subparagraphs 1 through 4 and 6 of Paragraph (1);
2. Opinion on novelty, non-obviousness, and industrial utility of the invention described in the claims;
3. Documents in relation to the opinion under Subparagraph 2;
4. Date of executing the Written Report of the International Searching Authority; and
5. Other matters which the examiner finds necessary for executing the Written Report of the
International Searching Authority.
(3) The International Search Report and the Written Report of International Searching Authority shall be prepared in
the language of the international application. <Amended in Dec. 31, 2003; and Dec. 31, 2008>
[This Article was added in Jul. 1, 1999] [Title amended in Dec. 31, 2003]
(1) Where the examiner has prepared an International Search Report or the Written Report of
International Searching Authority, the Commissioner of KIPO shall send it to the applicant.
<Amended in Dec. 31, 2003>
(2) Where the International Search Report is not prepared under Article 106-11(5) or 106-12(3), the Commissioner of KIPO shall notify the applicant of the purport and the reason thereof.
[This Article was added in Jul. 1, 1999]
The applicant may request the Commissioner of KIPO to issue duplicate copies of records cited
in the International Search Report within seven (7) years from the date of international application.
[This Article was added in Jul. 1, 1999]
(1) With respect to international application with claim of priority right based on another international application,
when the examiner is using an International Search Report on the international application which provides
a basis for the relevant claim of priority right (Hereinafter in this Article, "Prior International Application.")
in preparing an International Search Report, the examiner shall notify the applicant of such purport and the Commissioner
of KIPO, upon request by the applicant, shall refund a part of the search fee that has been already paid; except
where the International Search Report on Prior International Application was not prepared by KIPO. <Amended in Dec. 31, 2008>
(2) With respect to international application, when the examiner is using the result of an examination
on a domestic application related to the relevant international application in preparing an International Search Report,
the examiner shall notify the applicant of such purport and the Commissioner of KIPO, upon the request of the
applicant, shall refund a part of search fee that has been already paid. <Amended in Dec. 31, 2008>
(3) The amount of refund and other necessary matters under Paragraph (1) AND (2) shall be determined by the Rules
to Collect Patent Fees, etc. <Newly added in Dec. 31, 2008>
[This Article was added in Jul. 1, 1999]
(1) The applicant falling under Article 31 (2) of the Treaty may file an application for an international preliminary
examination with respect to an international application. <Amended in Dec. 31, 2003>
(2) Any person who intends to file an application for international preliminary examination pursuant to Paragraph
(1) shall submit to the Commissioner of KIPO two (2) copies of appended Form 51 or appended Form 51.2 - Request for
International Preliminary Examination within the periods set forth below whichever expires later. <Amended Dec. 31, 2003; Dec. 29, 2006; and Dec. 31, 2008>
1. Three (3) months from sending to the applicant of the International Search Report and Written Report of the International
Searching Authority or a notification that the International Search Report will not be prepared in accordance with Article
17 (2) (a) of the Treaty; or
2. Twenty-two (22) months from the date of priority.
(3) In submitting a Request for an International Preliminary Examination, the applicant may submit an Argument
or an Amendment with respect to the international application to the Commissioner of KIPO within the period
stated in Paragraph (2). <Newly added in Dec. 31,
2003>
(4) When a Request for an International Preliminary Examination is submitted pursuant to Paragraph (2),
it shall be deemed that all the designated countries which are subject to the effect of Chapter 2 of the Treaty have
been selected. <Newly added in Dec. 31, 2003>
(5) Where the Request for an International Preliminary Examination is submitted after the expiry of the period set forth
in Paragraph (2), it shall be deemed not to have been submitted. In such a case, the Commissioner of KIPO shall
notify the applicant thereof. <Newly added in Dec.
31, 2003>
[This Article was added in Jul. 1, 1999]
(1) A Request for an International Preliminary Examination shall indicate the following matters:
1. Notation of the Request for an International Preliminary Examination;
2. Matters concerning applicant;
3. Matters concerning the agent or representative, if any;
4. Matters concerning an international application related to the Request for an International
Preliminary Examination; and
5. (Deleted) <Dec. 31, 2003>
6. Matters concerning Amendment(only when there exist matters listed under Rule 53.9 of the
Treaty Regulations.)
(2) Request for International Preliminary Examination shall be prepared in the language of the international application.
<Amended in Dec. 31, 2008>
(3) The applicant, or agent or representative thereof shall write his name and give signature or fix impression
seal on the written Request for an International Preliminary Examination pursuant to Rule 53.8 of the Treaty Regulations.
<Amended in Dec. 31, 2008>
[This Article was added in Jul. 1, 1999]
(1) Any person who intends to file a Request for an International Preliminary Examination shall pay fees.
(2) Any person who intends to pay the fees under Paragraph (1) shall submit to the
Commissioner of KIPO appended Form 47 - International Preliminary Examination Fee Payment
Form. <Amended in Dec. 29, 2006>
[This Article was added in Jul. 1, 1999]
When any applicant who is not eligible to file a Request for an International Preliminary Examination under Rule 54.4 of the Treaty Regulations has filed a Request for an International Preliminary Examination, the Commissioner of KIPO shall regard the written Request as not having been submitted.
[This Article was added in Jul. 1, 1999]
(1) If an international application as a subject to the request for international preliminary examination is not
specified in the Request for an International Preliminary Examination, the Commissioner of KIPO shall request the
applicant for the Correction thereof within a designated period. <Amended in Dec. 31, 2003>
(2) Any person who intends to make Corrections pursuant to Paragraph (1) shall submit to the
Commissioner of KIPO Form 39 - Correction Form, attaching thereto the following documents:
<Amended in Dec. 29, 2006>
1. Two (2) copies of the Correction form; and
2. One (1) copy of a document verifying the right of agency where procedures are followed through an agent.
(3) When the person who received the request for Correction completes such Correction within the designated period
under Paragraph (1), the Commissioner of KIPO shall regard the Request for an International Preliminary Examination
as accepted on the day on which the Correction form is received.
(4) When the person who received the request for Correction fails to complete such Correction within the designated
period under Paragraph (1), the Commissioner of KIPO shall regard the Request for an International Preliminary Examination
as not having been submitted.
(5) Until the Request for an International Preliminary Examination is deemed not having been submitted under Paragraph
(4), the period under Paragraph (1) may be extended upon the applicant's request.
[This Article was added in Jul. 1, 1999]
Upon receipt of the Request for an International Preliminary Examination, the Commissioner of
KIPO shall immediately notify the applicant of the date of acceptance. [This Article was added in Jul. 1, 1999]
(1) Where the Request for an International Preliminary Examination falls under any of the cases listed below, the Commissioner
of KIPO shall require the Correction thereof within a certain stated time. <Amended in Dec. 31, 2003; and Dec. 31, 2008>
1. Violation of the provisions of Article 106-23 (2);
2. Violation of the provisions of Subparagraphs 1 through 4 of Article 106-24 (1); provided that in Subparagraph 2
of the same Where the applicants are two (2) or more shall exclude a case where at least one (1) person among the applicants
is appointed as the person who can file a request for an international preliminary examination pursuant to Article 106-23
(1).
3. Violation of the provisions of Article 106-24 (2) or (3); provided that, with respect to the matters in Paragraph
(3), except where there are two (2) or more applicants or two (2) or more agents and at least one (1) of them
has written his name and affixed his signature or seal, if an agent wrote his name and affixed his signature or
seal, it shall be compiled with a power of attorney in which the applicant (or all the applicants In the case
of multiple number of applicants) has written his name and affixed his signature or seal.
(2) The person who intends to make Correction pursuant to the request under Paragraph (1) shall submit to the
Commissioner of KIPO Form 39 - Correction Form, attaching thereto the following documents: <Amended May 17, 2003; and Dec. 29, 2006>
1. Two (2) copies of the Correction form; and
2. One (1) copy of a document verifying the right of agency where procedures are followed through an agent.
(3) When the person who received the request for Correction completes such Correction within the designated period
under Paragraph (1), the Commissioner of KIPO shall regard the Request for an International Preliminary Examination as
accepted on the day on which the Request for an International Preliminary Examination is received.
(4) When the person who received the request for Correction fails to complete such Correction within the designated
period under Paragraph (1), the Commissioner of KIPO shall regard the Request for an International Preliminary Examination
as not having been submitted. <Amended in Dec. 31, 2003>
(5) Until the Request for an International Preliminary Examination is deemed not having been submitted under Paragraph
(4), the period under Paragraph (1) may be extended upon the applicant's request. <Amended in Dec. 31, 2003>
[This Article was added in Jul. 1, 1999]
(1) In the event that the person who filed a Request for an International Preliminary Examination failed to pay fees under
Subparagraph 8 or 9 of Article 10 (1) of the Rules for Collecting Fees within the period set forth in Subparagraph
2 of Paragraph (2) of the same Article, the Commissioner of KIPO shall request for the payment of relevant
fees and late fees under Rule
58bis.1(a) of the Treaty Regulations within one (1) month. <Amended in Dec. 31, 2003>
(2) The person who intends to pay the fee under Paragraph (1) shall submit to the Commissioner of
KIPO appended Form 47 - Fee Payment Form. <Amended in Dec. 29, 2006> (3) When the person who received the request for Correction fails to pay fees and late fees under Paragraph (1),
the Commissioner of KIPO shall regard the Request for an International Preliminary Examination as not having been submitted.
[This Article was added in Jul. 1, 1999]
When the Request for an International Preliminary Examination is deemed as not having been submitted pursuant to Articles 106-26, 106-27 (4), 106-29 (4) or 106-30 (3), the Commissioner shall notify the applicant of the purport and reason thereof. <Amended in Dec. 31, 2003>
[This Article was added in Jul. 1, 1999]
[This Article was added in Jul. 1, 1999]
(1) If a Correction Form is not attached despite the statement of the purport in the Request for an International
Preliminary Examination to submit the Correction form pursuant to Article 34 (2) (b) of the Treaty concurrently with
filing of the Request for International Preliminary Examination, the Commissioner of KIPO shall request for
submission of the relevant Correction Form within a designated time.
(2) The person who intends to submit Correction Form pursuant to the request for submission under Paragraph (1) shall
submit to the Commissioner of KIPO Form 39 - Correction Form, attaching thereto the following documents: <Amended in Jun. 30, 2001; Dec. 31, 2003; Dec. 29,
2006; Dec. 31, 2008; and Jul. 27, 2010>
1. Two (2) copies of the Correction form prepared in the language of the international
application (refers to the Correction form stating the whole claims, in the case of Correction as for the claims);
2. In the case of correcting specification or drawings, one (1) copy of the description on matters set forth below:
a. Difference between before and after Correction;
b. The part on which Correction is based in the international application submitted on the day of the international
application; and
c. The reason for Correction
2-2. In the case of Correction as to the claims for an international application, one (1) copy of the description
on matters set forth below:
a. Difference between before and after Correction;
b. The part on which Correction is based in the international application submitted on the day of the international
application;
c. The proper number of claims omitted from the international application submitted on the day of the international
application; and
d. The proper number of claims already corrected among those stated in the Correction form.
3. One (1) copy of a document verifying the right of agency, in the case of procedures followed through an agent.
[This Article was added in Jul. 1, 1999]
(1) In the event that the applicant submits to the Commissioner of KIPO the application form stating the purport
not to correct under Article 19 with respect to an International Preliminary Examination under Rule 69.1 (d) of
the Treaty Regulations, the examiner shall commence the international preliminary examination.
(2) The person who intends to submit an application pursuant to Paragraph (1) shall submit to the Commissioner of
KIPO Form 52 - Request for Commencing an International Preliminary Examination. <Amended in Dec. 29, 2006>
(3) Where procedures are followed through an agent, a document verifying the right of agency shall be attached to the
application form under Paragraph (2).
[This Article was added in Jul. 1, 1999]
(1) Where where the Prior Application as basis for priority right claim is submitted in any language other than Korean or English, the Commissioner of KIPO may request the applicant to submit a Korean translation within a designated time if deliberation on the validity of said priority claim is necessary in presenting an opinion pursuant to Article 33 (1) of the Treaty.
<Amended in Sep. 29, 2006>
(2) The person who intends to submit a translation pursuant to Paragraph (1) shall submit to the Commissioner of
KIPO Form 35 - Document Submission Report, attaching thereto the following documents: <Amended in Dec. 29, 2006>
1. One (1) copy of translation; and
2. One (1) copy of a document verifying the right of agency where procedures are followed through an agent.
(3) In the event that the person who received request for submission of translation under Paragraph (1)
fails to submit within the designated period, no priority claim right shall be deemed to exist with respect
to the relevant international application and the international preliminary examination report may be prepared.
[This Article was added in Jul. 1, 1999]
(1) The applicant for an International Preliminary Examination may provide Correction to specification,
claims and drawings until the International Preliminary Examination Report begins to be prepared.
(2) The Correction under Paragraph (1) shall be within the scope described in the international application at the
time when the international application was first filed.
(3) The person who intends to correct pursuant to Paragraph (1) shall submit to the
Commissioner of KIPO Form 39 - Correction Form, attaching thereto the following documents:
<Amended May 17, 2003; Dec. 29, 2006; Dec. 31, 2008; and Jul. 27, 2010>
1. Two (2) copies of the Correction form prepared in the language of the international application
(refers to the Correction form stating the whole claims, in the case of a Correction as for the claims);
1-2. In the case of correcting specification or drawings, one (1) copy of the description on the matters set forth
below:
a. Difference between before and after Correction;
b. The part on which Correction is based in the international application submitted on the day of the international
application; and
c. Reason for Correction
1-3. In the case of Correction as for the claims for an international application, one (1) copy of description on
the matters set forth below:
a. Difference between before and after Correction;
b. The part on which Correction is based in the international application submitted on the day of the international
application;
c. The proper number of claims omitted from the international application submitted on the
day of the international application; and
d. The proper number of claims already corrected among those stated in the Correction form.
3. One (1) copy of a document verifying the right of agency where procedures are followed through an agent.
[This Article was added in Jul. 1, 1999]
(1) With respect to international application for which an international preliminary examination has been requested,
the Commissioner of KIPO shall cause the examiner to conduct an International Preliminary Examination.
(2) Where where the whole claims in an international application falls under any of the subparagraphs
listed below, the examiner shall state the purport in the written opinion under Article 34(2)(c) of the Treaty (Hereinafter,
"Written Opinion of the International Preliminary Examination Authority") or International Preliminary Examination
Report. <Amended in Dec. 31,
2003: and Feb. 11, 2005>
1. Where it falls under Subparagraph 1 of Article 106-11 (5);
2. Where the specification, claims, matters described in the drawings are seriously ambiguous or if claims is not sufficiently
supported by the specification rendering it not feasible to present a valid opinion on the novelty, non-obviousness, and
industrial applicability under Article 33 of the Treaty.
3. Where the examiner decides not to conduct an International Preliminary Examination because the International Preliminary
Examination Report has not been prepared.
(3) Where a part of the request in the international application falls under any of Subparagraphs of Paragraph (2) or the
sub-claim indicated in the claims is in violation of Rule 66.2(a) of the Treaty Regulations, the examiner shall
state the purport in the International Preliminary Examination Report and refrain from conducting an International
Preliminary Examination with respect to the scope of relevant request.
[This Article was added in Jul. 1, 1999]
Provisions of Article 106-12 and 106-13 shall be applied mutatis mutandis to the submission of the list of Nucleic sequence or amino acid sequence. <Amended in Feb. 11, 2005>
[This Article was added in Jul. 1, 1999]
(1) Where an international application fails to meet the unity requirement of invention under
Article 34 (3) (a) of the Treaty, the examiner may require the reduction of the claims or payment of additional fee
within a prescribed period.
(2) Where the person requested under Paragraph (1) fails to pay additional fees without reducing the
claims within the designated period, the examiner shall conduct an International Preliminary Examination and state
the purport in the International Preliminary Examination Report.
(3) The provision of Paragraph (2) shall be applied mutatis mutandis to the case where the person requested under
Paragraph (1) fails to meet the unity requirement of invention despite having reduced the claims within the designated
period.
(4) The provision of Articles 106-14 (5), 106-15 and 106-16 shall be applied mutatis mutandis to the unity of the invention
with respect to the International Preliminary Examination. In this connection, "any person who intends to
pay additional fee" shall be deemed to be "any person who intends to pay additional fee or reduce the
claims" in Article 106-14 (5); and "Article 17 (3) (a) of the Treaty" shall be deemed to be "Article
34 (3) (a) of the Treaty". <Amended in Feb. 11, 2005>
[This Article was added in Jul. 1, 1999]
(1) Where an International Preliminary Examination is requested to prepare an opinion letter under Article 106-23,
the opinion letter of the International Search Authority shall be deemed to be the opinion letter of International
Preliminary Examination Authority with respect to the relevant international application. <Added in Dec. 31, 2003>
(2) Notwithstanding the provisions of Paragraph (1), if the international application falls under any of the cases
listed below, the examiner may prepare and send an opinion letter of the International Preliminary Examination
Authority before preparing an International Preliminary Examination Report and grant the applicant an opportunity
to submit an Argument and an Amendment within a certain designated period. <Amended Dec. 31, 2003>
1. Violation of the provisions of Article 106-36 (2);
2. Violation of the provisions of Article 106-37 (2) or (3);
3. Where the person requested to submit under Article 106-38 fails to submit sequence lists, etc. and rendering it
not feasible to conduct valid International Preliminary Examination;
4. Where the invention described in the claims fails to meet the requirements of novelty, non-obviousness
or industrial applicability under Article 33 of the Treaty;
5. Where either the form or substance of the international application fails to meet the
requirements set forth in the Treaty or Treaty Regulations; or
6. Where it is otherwise required by the Treaty or Treaty Regulations that an opinion letter of
the International Preliminary Examination Authority shall be prepared.
(3) Upon applicant's request within the period established under Paragraph (2), the examiner may extend the period.
<Amended in Dec. 31, 2003>
(4) Upon applicant's request, the examiner may grant the applicant an additional opportunity to
submit opportunity to submit an Argument and an Amendment within a designated period.
(5) The person who intends to submit an Argument under Paragraph (2), (4) or Article 106-23 (3) shall submit to
the Commissioner of KIPO Form 40 - Argument, attaching thereto the following documents: <Amended in May 17, 2003; Dec. 31, 2003; and Dec. 29, 2006>
1. One (1) copy of the written Argument; and
2. One (1) copy of a document verifying the right of agency where procedures are followed through an agent.
(6) The person who intends to submit an Argument under Paragraph (2), (4) or Article 106-23 (3) shall submit to
the Commissioner of KIPO Form 39 - Argument Form, attaching thereto the following documents: <Amended in May 17, 2003; Dec. 31, 2003; Dec. 29, 2006; Dec. 31,
2008; and Jul. 27, 2010>
1. Two (2) copies of written Argument prepared in the language of the international application (refers to the
written Argument stating the whole claims, in the case of Amendment as for the claims);
2. In the case of amending specifications or drawings, one (1) copy of description on matters set forth below:
a. Difference between before and after the amendment;
b. The part on which the Amendment is based in the international application submitted on the day of the international
application; and
c. Reason for Amendment
2-2. In the case of Amendment as for the claims for international application, one (1) copy of the description on
matters set forth below:
a. Difference between before and after the Amendment;
b. The part on which the Amendment is based in the international application submitted on the day of the international
application;
c. The proper number of claims omitted from the international application submitted on the day of the international
application; and
d. The proper number of claims already amended among those stated in the Amendment.
3. One (1) copy of a document verifying the right of agency where procedures are followed through an agent.
[This Article was added in Jul. 1, 1999] [Title amended in Dec. 31, 2003]
1. International application number;
2. Date of international application;
3. International patent classification code for the area to which the invention belongs;
4. Name or title of the applicant;
5. Matters concerning unity of the invention;
6. Opinion on the novelty, non-obviousness or industrial applicability of the invention indicated in the claims;
7. Written sources in relation to the opinion under Subparagraph 6;
8. The date of submitting the Request for an International Preliminary Examination;
9. The date of preparing the International Preliminary Examination Report; and
10. Other necessary matters.
(2) The International Preliminary Examination Report shall be prepared in the language of the international application.
<Amended in Dec. 31, 2008>
[This Article was added in Jul. 1, 1999]
When the examiner completes the preparation of the International Preliminary Examination Report, the Commissioner of KIPO shall send to the applicant the International Preliminary Examination Report together with appending documents.
[This Article was added in Jul. 1, 1999]
Article 106-21 shall be applied mutatis mutandis to the request for the issuance of duplicate copies of the documents not cited in the International Search Report, but cited in the International Preliminary Examination Report.
[This Article was added in Jul. 1, 1999]
Any applicant for an International Preliminary Examination or any person who obtained consent of the applicant may file a request to the Commissioner of KIPO for issuance of duplicate copies of documents concerning the relevant international application.
[This Article was added in Jul. 1, 1999]
(1) Where the preliminary examination fee under Rule 58 of the Treaty Regulation falls under any of the cases
listed below, the Commissioner of KIPO shall refund it upon request by the applicant: <Amended in Dec. 31, 2003>
1. Where the Request for an International Preliminary Examination shall be deemed not to have been submitted under
Article 106-23 (5), 106-26, 106-27 (4), 106-29 (4) or 106-30 (3); or
2. Where the international application or the request for an International Preliminary Examination have been withdrawn before
commencement of the International Preliminary Examination.
(2) Where the handling fee under Rule 57 of the Treaty Regulation falls under any of the following, the Commissioner
of KIPO shall refund it upon request by the applicant: <Amended Dec. 31, 2003>
1. Where the request for an International Preliminary Examination has been withdrawn before the
Request for an International Preliminary Examination is sent to the international bureau; or
2. Where the Request for an International Preliminary Examination shall be deemed not to have been submitted under
Article 106-23 (5) or 106-26.
[This Article was added in Jul. 1, 1999]
The provision of Article 106-7 shall be applied mutatis mutandis to the withdrawal of an international application at the International Preliminary Examination stage.
[This Article was added in Jul. 1, 1999]
(1) With respect to international patent application under Article 199 (2) of the Act (Hereinafter, the "International
Patent Application"), if the notification of change of applicant's name, entity name, address or location
of business or nationality is received from the international bureau, such notice shall be deemed that a report of
change or correction of address etc. under Article 9 (3) has been made. <Amended in June 30, 2001>
(2) Upon receipt of the notification from the international bureau of change of international patent applicant,
it shall be deemed that report of change of applicant under Article 26 has been made. <Amended in June 30, 2001>
[Wholly amended in July 1, 1999] [Title amended in June 30, 2001]
Any person who intends to file an international application of invention which has a title established by the International Searching Authority under Rule 37.2 of the Regulations of the Treaty shall, in the translation for the relevant application, use the translated title which was established by the International Searching Authority. <Amended in July 1, 1999>
[This Article was added in July 1, 1999]
(1) In applying the provision of Article 27 concerning international patent application, the "patent application"
in said Article shall be "documents under Article 203 of the Act". <Amended in December 29, 2006>
(2) In applying the provision of Article 27 concerning application under Article 214 of the Act, the "patent
application" in said Article shall be "Request for Decision under Article 214 (1) of the Act". <Amended in December 29, 2006>
In applying the provision of Article 24 concerning notification of international application number which shall be deemed to be a patent application by the operation of Article 199 or 214 (4) of the Act, "upon receipt of patent application" shall be "upon receipt of translation under the provision of Article 201 (1) of the Act (or, upon rendering decision under Article 214 (4) of the Act, for international application which is deemed to be a patent application by the operation of Article 214 (4) of the Act." <Amended in July 1, 1999; and February 11, 2005>
In applying the provision of Article 12 (1) concerning submission of documents or other objects for international
patent application under Article 199 (2) of the Act, "after filing a patent application" in
Paragraph (1) of the same Article shall be "after taking procedures under Article
201 (1) of the Act"
"The period prescribed by The Decree of the Ministry of Knowledge Economy" in Article 200 of the Act shall mean thirty (30) days from the reference date under Article 201 (4) of the Act.
<Amended in June 29, 2007> [Wholly amended in July 1, 1999]
[Title amended in June 29, 2007]
Any person who intends to submit a Korean translation of specification, scope of request, summary or drawings under Article 201 (1) or 214 (2) shall submit to the Commissioner of KIPO the said documents in compliance with appended Forms 53 to 56.
[Wholly amended in June 30, 2009]
(1) In submitting documents set forth in Article 201 (1) of the Act with respect to international application including
sequence, the documents etc. set forth in each Subparagraph of Article 21-2 (1).
(2) If a sequence is included in an international application which shall be deemed to be a patent application by
the operation of Article 214 (4) of the Act, the documents set forth in each Subparagraphs of Article 21-2
(1) shall be submitted when filing the application in accordance with Article 214 (1) of the Act.
[This Article was added in December 31, 1998] [Title amended in July 1, 1999]
Article 25 (3) to (5) shall be applied mutatis mutandis in the case the person who has taken the procedures under Article 201 of the Act has performed the duty to submit documents for priority right prescribed under Rule 17.1 (a), (b) or (b-bis) of the Treaty Regulation.
[Wholly amended in February 11, 2005]
(1) If the person following procedures prescribed in Article 201 of the Act fails to perform his duty to submit
the priority rights under Rule 17.1 (a), (b) or (b-bis) of the Treaty Regulation, the Commissioner of KIPO shall
request submission of the documents for priority rights and designating a certain period for the submission thereof.
<Amended in December 31, 2003; and February 11, 2005>
(2) The provisions of Article 25 (1) and (3) to (5) shall be applied mutatis mutandis in the case of the submission of
documents for priority rights under Paragraph (1). <Amended in February
11, 2005>
(3) If the person requested to submit the documents under Paragraph (1) fails to submit the documents for priority rights within the designated period, the claim for priority rights become null and void. <Added in December 31, 2003; and February 11, 2005>
[This Article was added July 1, 1999.]
(1) Any person who intends to submit a translation under Article 201 and 203 of the Act shall submit to the
Commissioner of KIPO appended Form 57, attaching thereto the following documents: <Amended in July 1, 1999; February 28, 2002; May 17. 2003; December 29, 2006; December 31, 2008; and July 27, 2010>
1. one (1) copy of the translation of specification, scope of request, summary and drawing (only for the description
part therein) under Article 201 (1) of the Act;
2. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent; and
3. other verifying documents under present laws and regulations.
(2) Any person who intends to submit new translation under Article 201 (3) of the Act shall submit to the Commissioner
of KIPO appended Form 13, attaching thereto the following documents: <Newly inserted in July 27, 2010>
1. one (1) copy of the new translation of specification, scope of request, summary and drawing
(only for the description part therein) under Article 201 (1) of the Act; and
2. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent.
(3) Any person, falling under application of Subparagraph 1 of Article 203 (2) of the Act, intending to make an
amendment shall submit appended Form 57 to the Commissioner of KIPO and pay additional charges under Subparagraph 11
of Article 2 (1) of the Rules to Collect Patent Fees etc. <Newly added in May 17, 2003; December 31, 2003; September 29, 2006; December
29, 2006; and July 27, 2010>
(4) Article 13 shall apply mutatis mutandis to a person who, falling under the application of
Subparagraph 2 of Article 203 (2), intends to make amendment. <Newly added in May 17,
2003; and July 27, 2010>
[Wholly amended in December 31, 1998]
(1) For international patent application of which the International Filing Date has been acknowledged under
Rule 20.3 (b) (ii) and 20.5 (d) of the Regulations of the Treaty, the Commissioner of KIPO shall re-acknowledge
such date as the International Filing Date under
Rule 20.3 (b) (i), 20.5 (b) or 20.5 (c) of the Regulations of the Treaty and notify the applicant for the international
patent application thereof.
(2) The applicant of the international patent application who receives the notification under Paragraph (1) shall
within two (2) months from the receipt of such notice submit to the Commissioner of KIPO appended Form
24 - Argument Form, attaching thereto the following documents:
1. one (1) copy of a document verifying the contents of the argument; and
2. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent.
(3) With respect to the specification, scope of request or drawings, deemed to have been
included in the international application under Rule 20.5 (c) of the Regulations of the Treaty, the applicant for international
patent who is named in the receipt of notification under Paragraph (1) may request that the said specification,
scope of request or drawings shall be deemed not to be included in the international patent application during
the period set forth in Paragraph (2). In such a case, the applicant for international patent shall submit to
the Commissioner of KIPO appended Form 12 - Request for Withdrawal, attaching thereto a document verifying the right
of agency if any, in the case of procedures are followed through an agent.
(4) Notwithstanding Paragraph (1), when the withdrawal form has been submitted under Paragraph (3), the
specification, claims, or drawing in relation to said application shall be deemed not to be included in the
international patent application.
[This Article was added in July 27, 2010.]
(1) Pursuant to Rule 91.3 (f) of the Regulations of the Treaty, the Commissioner of KIPO may disregard the correction
of obvious mistake under Rule 91.1 of the Regulations of the Treaty.
(2) When the Commissioner of KIPO, pursuant to Paragraph (1), disregards correction of obvious mistake under Rule 91.1
of the Regulations of the Treaty, he shall notify the applicant for international patent application of the purport
of such intent.
(3) The international patent applicant who receives the notification under Paragraph (2) shall within two (2) months
from the receipt of such notice submit to the Commissioner of KIPO appended Form 24 - Argument Form, attaching thereto
the following documents:
1. one (1) copy of a document verifying the contents of the argument; and
2. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent.
[This Article was added in July 27, 2010.]
(1) A person who intends to submit a translation or a duplicate of Written Amendment under Article 204 (1) and 205 (1) of the Act shall submit to the Commissioner of KIPO appended Form 13, attaching thereto the following documents: <Amended in December 29, 2006; and June
30, 2009>
1. one (1) copy of the translation of the written amendment or of the duplicated copy of the written amendment;
2. one (1) copy of a document verifying the right of agency in the case procedures are followed
through an agent; and
3. one (1) copy of other verifying documents required by present laws and regulations.
(2) A person who intends to submit a written translation or a duplicate of description under Article 204 (3) of
the Act shall submit to the Commissioner of KIPO appended Form 13, attaching thereto the following documents:
<Amended in December 29, 2006; and June 30,
2009>
1. one (1) copy or a duplicate copy of a written translation of the description;
2. one (1) copy of a document verifying the right of agency in the case procedures are followed through an agent; and
3. one (1) copy of other verifying documents required by present laws and regulations. (3) (Deleted). <February 28, 2002>
[Wholly amended in December 31, 1998.] [Title amended in June 30, 2009.]
The "period prescribed by The Decree of the Ministry of Knowledge Economy" in Article 206 (2) of the Act shall mean two (2) months from the reference date under Article 201 (4) of the Act.
[Wholly amended in September 30, 2008.]
(1) With respect to the examination for international patent application, when it is difficult for the Commissioner
of KIPO to inspect the documents (excluding those submitted to the Commissioner of KIPO) submitted to
the receiving office under Article 2 (xv) of the Treaty or the international bureau for the reason that the relevant
application has not been opened to the public internationally, he may demand the submission of relevant documents.
(2) Notwithstanding Paragraph (1), in the cases where the duplicate of the relevant documents has not been submitted
to the Commissioner of KIPO, he may withhold the examination of the
international patent application until the international patent application is opened to the public.
(3) The duplicates under Paragraph (1) shall be submitted in appended Form 13 - Document
Submission Report.
[This Article was added in December 31, 2008]
(1) The period under Article 214 (1) of the Act shall be two (2) months from the date on which refusal, declaration
or finding was notified to the applicant.
(2) A person intending to file a request for decision under Article 214 (1) of the Act shall submit to the Commissioner
of KIPO two sets of appended Form 58, attaching thereto the following documents:
<Amended December 31, 1998; and December 29, 2006>
1. two (2) copies of a translation of the specification, claims, summary or drawings ("brief description of drawings"
part only) ;
2. two (2) copies of a document verifying the right of agency in the case procedures are followed through an agent;
and
3. two (2) copies of other verifying documents required by present laws and regulations.
"Documents related to the international application prescribed by The Decree of the Ministry of Knowledge Economy" in Article 214 (2) of the Act shall mean the documents which the applicant has submitted to the receiving office under Article 2 (xv) of the Treaty or international bureau under (xix) of the same Article and documents related to disposition rendered by the Receiving Office or the International Bureau concerning the relevant application.
<Amended in December 31, 1993; June 22, 1996; December 31, 1998; July 1, 1999; and
September 30, 2008>
The decision under Article 214 (3) of the Act shall be made by written documents containing the following matters:
1. indication of the international application;
2. title of the invention;
3. name, address or business place of the applicant or his agent;
4. summary of the decision and the grounds thereof; and
5. date, month and year of the decision.
(1) The request for the issuance of original transcript of a patent registration, request for inspection
(photocopy) of materials, request for comprehensive (individual) transcript of documents and request for issuance of original
transcript of a patent record shall be in appended Form 29, and request for certificate of trial requested, certificate
of final decision of trial rendered and certificate of written final decision delivered shall be in appended Form
19. However, if the applicant filed a request for issuance of comprehensive or individual copy or photocopy thereof
by telegram or oral conversation (including a phone call), he/she shall submit a request form before the issuance
thereof. <Amended in December 31, 1998; and December 29, 2006>
(2) An agent, if any, shall attach a document verifying the right of agency in the form set forth in Paragraph (1).
"A juridical person that meets the standards of facilities and human resources as prescribed by The Decree of the Ministry of Knowledge Economy" in Article 217-2 (1) of the Act shall mean any judicial person which shall: <Amended December 31, 1998; February 11, 2005; September
29, 2006; and September 30, 2008>
1. be suitable for keeping the confidentiality of the invention of which the patent is pending;
2. retain one (1) or more person who is a college graduate with experience of equal to or more than nine (9) years
of engaging in computer information processing field and own gears suitable for the efficient performance of digitalizing
design documents such as data input and saving devices; and
3. have no officer or worker who maintains double office with another institution engaging in business under Article
2 of the Patent Attorney Act nor a patent attorney registered under Article 5 of the same Act.
4. (Deleted). <September 29, 2006>
(2) Any person intending to be commissioned with digitization of design documents under Article
217-2 (1) of the Act shall submit an application to the Commissioner of KIPO, attaching thereto the documents listed
below. In this case, the Commissioner of KIPO shall inspect the applicant's certificate for matters on the
corporate registry through the common use of administrative information under Article36 (1) of the Digital Government
Act, and if inspection by such method is not possible or the applicant does not provide information necessary for
such inspection, the Commissioner shall demand that the request for certificate of matters on the corporate registry
be attached. <Amended in December 31, 2003; February 11, 2005; September 29, 2006; September
30, 2008; and July 27, 2010>
1. Business Plan (including flow chart of operation);
2. Business Reference Report (only if it has experience with similar operation);
3. Descriptions of current retention of equipment and experts; and
4. Assets list and balance sheet for the fiscal year previous to the fiscal year in which the date of application
belongs.
5. (Deleted). <September 29, 2006>
(3) Upon finding it necessary for the efficient performance of digitalization of design documents, the Commissioner
of KIPO may commission work of digitalization of design documents to two or more institutions.
(4) Upon finding it necessary for efficient performance of keeping secret the design under registration process
as well as for digitalization of design documents, the Commissioner of KIPO may demand correction from the commissioned
institutions (Hereinafter, "Agency for Digitizing Design Documents".)
(5) In the event that the Agency for Digitizing Design Documents fails to meet the criteria set forth in Paragraph
(1) or fails to respond to the Commissioner of KIPO's demand for correction under the provision of Paragraph
(4), the Commissioner of KIPO may revoke the commission of task of digitalizing design documents. <Amended in February 11, 2005>
[This Article was added in July 1, 1997.] [Title amended in July 27, 2010.]
(1) An Agency for Digitizing Design Documents shall set forth work regulations for digitalization of design documents, subject
to approval of the Commissioner of KIPO. The same applies in the case of changing the rules.
(2) The work rules prescribed in Paragraph (1) shall include the following:
1. matters concerning the implementation method and procedures of work of digitalization of design documents;
2. matters concerning the preservation of books, documents and data;
3. matters concerning the maintence of the confidentiality of information acquired in connection with digitalization of
design documents; and
4. other matters necessary for the digitalization of design documents. (3) (Deleted). <February 11, 2005>
[This Article was added in June 30, 2009.]
The electronic media under Article 221 (2) of the Act shall be a read-only optical disc or an information communication network.<Amended in June 30, 2001>
[This Article was added in July 1, 1997.]
Documents eligible for digitalization under Article 217-2 (4) of the Act shall exclude the following documents:
<Amended in May 17, 2003; and December 29, 2006>
1. relevant documents in case where the order of keeping confidentiality has been granted under
Article 41 of the Act;
2. documents related to international application (only to appended Form 35 through 52.)
3. (Deleted). <February 11, 2005>
4. (Deleted). <February 11, 2005>
5. (Deleted). <February 11, 2005>
6. (Deleted). <February 11, 2005>
7. (Deleted). <February 11, 2005>
8. (Deleted). <February 11, 2005>
9. written Report of Electronic Document Attachment and Objects (only when submitting electronic recording medium)
10. written request for decision under Article 214 (1) of the Act
11. written request for amendment to digitalized contents
12. written request for issuance (applicable only to comprehensive or individual transcript of documents)
13. written request for certificate (applicable only to a certificate of fact of request for trial, a
certificate of fact of final decision granted and a certificate of trial decision processed) [Wholly amended in February 28, 2002.]
(1) The Commissioner of KIPO or the President of IPT shall, if the completion of the digitalization of application for design registration or request for amendment (applicable only to correction of contents such as specification) under Article 217-2 (4) or any other documents the confirmation of which is deemed necessary, notify the applicant of the contents so digitalized.
<Amended in February 28, 2002>
(2) The applicants notified under Paragraph (1) shall, if the digitalized contents do not conform to the contents submitted in writing, submit to the Commissioner of KIPO appended Form 59 - Request for Correction of Digitalized Contents within thirty (30) days from the receipt of the notice. <Amended in February 28, 2002; and December 29, 2006>
[This Article was added in December 31, 1998.]
For patent indication under Article 223 of the Act, the letter "patent" and its registration number
shall be marked on the article in the case of a product invention patent, or the words "method patented"
and the registration number on the products which are made by the method in the case of a process invention patent.
These Rules shall take effect on and from July 28, 2010.
The amendment rule in Article 106-33 and 106-36 through 106-40 shall be applied from the first-submitted written amendment of the international application after these Rules taking effect.
(1) A part of the Act on Configuration Design of Semi-conductor Integrated Circuit shall be revised as follows:
"From Article 9 (3) to Article 9 (8) in the main part of Article 18 shall be revised to "Article 9
(3) to Article 9 (9)".
(2) A part of the Enforcement Rules of the Design Protection Act shall be revised as follows: "Application for registration
of general delegation" in Subparagraph 10, Article 2 (1) shall be revised to "application for registration
of general delegation, application for change of registration of general delegation", and "application (withdrawal)
for registration of general delegation" shall be revised to "application (application for change, or withdrawal)
for registration of general delegation".
Paragraph (4) shall be added to Article 4-2 as follows:
(4) In order to change the matters subject to registration of general delegation under Paragraph (1), Form 3 -
Application for Change of Registration of General Delegation appended to the Enforcement Rules of the Patent Act
shall be submitted to the Commissioner of KIPO, with the general power of attorney attached thereto.
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URL: http://www.asianlii.org/kr/legis/laws/erotpa317