Article 19 and Article 34 amendments
Claims amended under PCT Article 19, or the description, claims and drawings amended under Article 34, take effect in Korea only if their Korean translation is filed by the reference date. Otherwise they are treated as not filed, and Korea proceeds on the application as originally filed. For Article 19 claims, the translation of the amended claims can also be filed in place of the original claims.
The reference date
The reference date is the end of the national phase period, 31 months from priority or 32 months with the translation extension, or the date examination is requested if that is earlier. Until then, a corrected Korean translation can replace the first one; after it, the translation is final.
Voluntary amendments after entry
After entry, the description, claims and drawings can be amended only once all three conditions are met:
- the national phase fee has been paid;
- the Korean translation has been filed; and
- the reference date has passed.
Requesting examination at entry makes the reference date the day of the request, so amendments can follow straight away. Voluntary amendments remain possible until the first office action; after that, only within the response periods.
Limits
- Amendments must stay within what was disclosed in the international application as filed, and within the final Korean translation.
- Translation errors can be corrected, against the international application, during the periods in which amendments are allowed.
In practice
The examination fee depends on the number of claims at the request, so reducing the claims before examination is requested lowers it. Our order form lets you enter with the international claims or with amended claims, and quotes the result.
Get an instant quote with our fees, translation and official fees, and order online. A Korean patent attorney handles every case.
Questions
Do Article 19 amendments carry over to the Korean national phase?
Yes, if the Korean translation of the amended claims is filed by the reference date. Otherwise the amendments are treated as not filed.
When can claims be amended after entering Korea?
Once the national phase fee is paid, the Korean translation is filed and the reference date has passed: 31 months from priority (32 with the extension), or the date examination is requested if earlier.
Can the Korean translation be corrected?
Before the reference date a new translation can replace the first. After it, translation errors can be corrected against the international application during the amendment periods.
Can amendments add new matter from the priority application?
No. Amendments must stay within the international application as filed and the final Korean translation.
Legal basis
- Patent Act, Art. 201 — translation, new translation before the reference date (para. 3), reference date (para. 5), correction of translation errors (para. 6)
- Patent Act, Art. 204 — Article 19 amendments
- Patent Act, Art. 205 — Article 34 amendments
- Patent Act, Art. 208 — conditions for amendments of international applications, scope
- Patent Act, Art. 47 — amendment periods