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(2) Entry into the National Phase for the Republic of Korea (KR)
In order for an international application filed under the PCT designating the Republic of Korea (“KR”) to enter into the national phase, the following documents must be submitted to KIPO within 31 months, from the priority date.
(ⅰ) an application stating the name and address of the inventor and the applicant, the date of submission, the title of the invention and priority data (if the right of priority is claimed):
(ⅱ) a Korean translation of the description, claims, text matter of drawings and abstract of the international application as filed;
(ⅲ) drawing(s), if they contain translated text matter, and
(ⅳ) a power of attorney, if necessary.
If any amendment to the international application has been added with the International Bureau of WIPO or with the International Preliminary Examining Authority during the international phase, a Korean translation of the amendment should also be submitted at the time of entering into the national phase in the Republic of Korea.
According to patent practice in the Republic of Korea, the national phase must be entered with an exact Korean translation of the original international application as initially filed. Therefore, an amendment which has not been formally effected during the international phase cannot be filed at the time of entering into the national phase. It can, however, be submitted at a later time, after national fees have been paid, a translation of the application has been submitted and the relevant date (31 months from prior date or the date of the request for an examination, whichever occurs first.) has passed.
・relevant date(基準日。日本で言う「国内処理基準時」):原則優先日から31か月経過した日。審査請求が行なわれた場合はその日。
Article 201 Translation of International Patent Applications
(1) An applicant who has filed an international patent application in a foreign language shall submit to the Commissioner of the Korean Intellectual Property Office a Korean translation of the description, claim(s), textual matter of the drawing(s) and the abstract filed on the international filing date within two years and six months (referred to as “the domestic period for submitting documents”) of the priority date as defined in Article 2(xi) of the Patent Cooperation Treaty (referred to as “the priority date”). However, when an applicant who has filed an international patent application in a foreign language amends the claim(s) under Article 19(1) of the Patent Cooperation Treaty, only the Korean translation of the amended claim(s) need be submitted.

Post Author: tsubakipat