Patent Act Article 39May 1, 2019

Request procedures for substantive examination

A request form for substantive examination referred to in the preceding Article shall be submitted.

The Specific Patent Agency shall publish the facts regarding a request for substantive examination in the Patent Gazette.

Where the substantive examination is requested by a person other than the invention patent applicant, the Specific Patent Agency shall notify the invention patent applicant of such fact.

Same Article Laws


Other Related Laws

Patent Act Article 38May 1, 2019

Request for substantive examination

A request to the Specific Patent Agency for substantive examination of a patent application for invention may be made by any person within three (3) years after the filing date of the patent application.

Where a division request is made pursuant to Paragraph 1 of Article 34 or where a patent application is converted into a patent application for invention pursuant to Paragraph 1 of Article 108, if the time period set forth in the preceding paragraph has lapsed, a request for substantive examination may be made within thirty (30) days after such request for division or conversion.

A request for substantive examination according to the preceding two paragraphs shall not be withdrawn.

Where a request for substantive examination is not filed within the time period prescribed in Paragraph 1 or Paragraph 2, the patent application for invention shall be deemed to have been withdrawn.

Details >