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| Article 64 (Laying Open of Application) |
| (1) | Under the Ministerial Decree of Commerce, Industry and Energy, the Commissioner of the Korean Intellectual Property Office shall lay open a patent application in the Patent Gazette one year and six months prior to the date prescribed under any of the following subparagraphs or upon request from the applicant even before the expiration of one year and six months from said date: |
| 1. | Where a patent application contains a priority claim under Article 54 (1), the priority date shall apply; |
| 2. | Where a patent application contains a priority claim under the provisions of Article 55 (1), the filing date of the earlier application shall apply as prescribed in Article 55 (1); |
| 3. | The earliest filing date among the filing dates of two or more applications that are the basis for claiming a priority right in a patent application under Article 54 (1) or 55 (1); or |
| 4. | Where a patent application does not fall under any of subparagraphs 1 through 3, the filing date of the patent application shall apply. |
| (2) | Any person may, at the time the application is laid open under paragraph (1), furnish the Commissioner of the Korean Intellectual Property Office with information together with evidence, to the effect that the invention concerned is unpatentable under Article 62: |
| (3) | The provisions of Article 87 (4) shall apply |
| (4) | Matters to be published in the Patent Gazette with respect to the laying-open of applications under paragraph (1) shall be prescribed by the Presidential Decree. |