Practice Areas | Patent | Q & A
7. If substantive examination is requested at the time of filing, and the application is granted wit

If a request for withdrawal is filed within 15 months from the date of filing, the application will not become a prior-art because it has not been laid-open (if the application has been laid-open due to the applicant’s request to advance the laying-open, the said application will become prior-art); after the withdrawal, the application will not be laid-open. If a decision granting the patent right has been made within 15 months from the filing date, there should not be the problem of withdrawal (the withdrawal of an application is being interpreted as abandoning the right to request for grant resulting from the decision to grant the patent); if the applicant fails to pay the first-year annuity and the issue fee, the right shall be deemed non-existent ab initio, and thus will not be published.

8. According to the provisions prescribed in Paragraph 2 of Article 49, will the supplement or amend

The laying-open of an invention application is based on the contents of the original application. There will not be a second laying-open of the same application even if the applicant requests to effect supplement or amendment to the application after 15 months from the filing date, in accordance to the provisions prescribed in Paragraph 2 of Article 49.

9. The provisions in Article 44 which prescribe matters that shall result in non-patentability, incl

When filing an application, if there is any missing page or omission of the claim, the applicant will be notified to effect supplement, but the original filing date will not retain. If the contents of the supplement are already included in the earlier application to which priority is claimed, the original filing date will retain.


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