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| Article 42 (Patent Applications) |
| (1) | Any person who intends to obtain a patent shall file a patent application stating the following with the Commissioner of the Korean Intellectual Property Office: <Amended by Act No. 6411, Feb. 3, 2001> |
| 1. | The name and domicile of an applicant (if a juristic person, its title and place of business); |
| 2. | The name and domicile, or place of business of a representative of the applicant, if any (the title, place of business and the name of the designated patent attorney if the representative is a patent corporation); |
| 3. | Deleted; <by Act No. 6411, Feb. 3, 2001> |
| 4. | The title of the invention; |
| 5. | The name and the domicile of an inventor; |
| 6. | Deleted. <by Act No. 6411, Feb. 3, 2001> |
| (2) | A patent application under paragraph (1) shall be accompanied by a specification stating the following and necessary drawings and abstracts: |
| 1. | The title of an invention; |
| 2. | Brief description of the drawings; |
| 3. | Detailed description of the invention; |
| 4. | The scope of claims. |
| (3) | The detailed descriptions of an invention referred to in paragraph (2) 3 shall satisfy the following requirements: <Amended by Act No. 10716, May 24, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. | Descriptions of the invention shall be provided in accordance with the methods prescribed by Ministerial Decree of Trade, Industry and Energy in a clear and detailed manner to ensure that any person with ordinary knowledge in the technology sector to which the relevant invention belongs can easily make the invention; |
| 2. | Technology used for the relevant innovation shall be stated. |
| (4) | The scope of claims under paragraph (2) 4 shall describe the matter for which protection is sought in one or more claims (hereinafter referred to as "claims") and the claims shall fall under any of the following subparagraphs: <Amended by Act No. 8197, Jan. 3, 2007> |
| 1. | The claims shall be supported by detailed description of the invention; |
| 2. | The claims shall define the invention clearly and in detail; |
| 3. | Deleted. <by Act No. 8197, Jan. 3, 2007> |
| (5) | When filing a patent application, any patent applicant may attach the specification not stating the scope of claims under paragraph (2) 4 to the patent application, notwithstanding paragraph (2). In such cases, the specification shall be amended so as to state the claims within the period classified under the following subparagraphs: <Added by Act No. 8197, Jan. 3, 2007> |
| 1. | Until one and half years since any date specified in the subparagraphs of Article 64 (1); |
| 2. | Until three months since the date of receiving the notification of the purport of a request of examination of the patent application under the provisions of Article 60 (3) within the period set forth in subparagraph 1 (until one and a half years since any date specified in the subparagraphs of Article 64 (1), if such notification was received after one year and three months from any date specified in the subparagraphs of the same paragraph). |
| (6) | The scope of claims under paragraph (2) 4 shall state such matters deemed necessary to specify an invention as structures, methods, functions and materials or combination thereof to clarify what to be protected. <Added by Act No. 8197, Jan. 3, 2007> |
| (7) | Where a patent applicant fails to amend the specification until any period specified in the subparagraphs of paragraph (5) has passed after filing the application, the application concerned shall be deemed withdrawn on the day following the date the period expires. <Added by Act No. 8197, Jan. 3, 2007> |
| (8) | Matters necessary for the methods of entering the scope of claims under paragraph (2) 4 shall be prescribed by Presidential Decree. |
| (9) | Methods for the description of an abstract under paragraph (2) shall be prescribed by Ministerial Decree of Trade, Industry and Energy. <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5080, Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |