Patent Act Article 37May 1, 2019

Early publication of patent application

After receiving application documents and determining through examination that the application conforms to stipulated formality requirement and contains no elements that may be deemed unsuitable for laying open, the Specific Patent Agency shall lay open the patent application for invention eighteen (18) months since its filing.

The Specific Patent Agency may advance the laying-open of a patent application upon the request of the applicant. "A patent application for invention shall not be laid open under any of the following circumstances:

1. where it is withdrawn within fifteen (15) months after its filing date;
2. where it involves national defense secrets or any other secrets pertaining to national security; or
3. where it is contrary to public order or morality.

Where a priority is claimed, the calculation of time period set forth in Paragraph 1 and the preceding paragraph shall be on the basis of the priority date; where two or more priorities are claimed, the calculation thereof shall be on the basis of the earliest priority date.

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