Patent Act Article 20May 1, 2019

Calculation of time periods

The duration of relevant time periods as specified in this Act shall not include the beginning date thereof.

The duration of the patent right as specified respectively in Paragraph 3 of Article 52, Article 114 and Article 135 of this Act shall start to run from the filing date of the patent application concerned.

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Patent Act Article 52May 1, 2019

Payment of fees and publication

For a patent application for invention that is approved, the grant of such patent application shall be published only when the patent certificate fee and the first-year patent annuity are paid by the applicant within three (3) months after the date on which the approval decision is served; if the fees are not paid within the said time period, no publication shall be made.

A patent right granted to a patent application for invention shall start from the publication date of the patent, and a patent certificate shall be issued thereto.

The term of an invention patent shall expire after a period of twenty (20) years from the filing date of the application.

Where the applicant unintentionally fails to pay the required fees within the time period set forth in Paragraph 1 or Paragraph 4 of the preceding article, the applicant should pay the patent certificate fee and two times the first-year patent annuity within six (6) months after the period has expired. After the said payment has been made, the Specific Patent Agency shall publish the patent.

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