Article 10(Converted application) #
(1) An applicant for patent may amend his or her application for patent to an application for utility model registration within the extent of the contents described in the description or drawings initially attached to the patent application; provided, the foregoing shall not apply to either of the following cases: <Amended on Jun. 11, 2014; Feb. 29, 2016; Oct. 19, 2021>
1. Where three months have elapsed since a certified copy of the initial decision of rejection was served (referring to the extended period, if the period prescribed in Article 132-17 of the Patent Act has been extended pursuant to Article 15 (1) of the same Act) in connection with the patent application;
2. Where the application for patent has been filed in a foreign language under Article 42-3 (2) of the Patent Act, and the Korean translation under the aforesaid paragraph has not been submitted along with the application filed for conversion.
(2) It shall be deemed that a converted application to that for utility model registration under paragraph (1) (hereinafter referred to as "converted application") was filed for the purpose of utility model registration at the time when the initial patent application was filed; provided, this shall not apply if the converted application falls under any of the following cases: <Amended on Jun. 11, 2014; Jan. 28, 2015>
1. Where Article 4 (3) of this Act or Article 29 (4) of the Patent Act shall apply to the application because it falls under another utility model registration set forth in Article 4 (3) of this Act or a utility model registration set forth in Article 29 (4) of the Patent Act;
2. Where Article 30 (2) of the Patent Act as applied mutatis mutandis pursuant to Article 11 of this Act shall apply to the application;
3. Where Article 54 (3) of the Patent Act as applied mutatis mutandis pursuant to Article 11 of this Act shall apply to the application.
4. Where Article 55 (2) of the Patent Act as applied mutatis mutandis pursuant to Article 11 of this Act shall apply to the application.
(3) Any person who intends to file for converted application in accordance with paragraph (1) shall, in his or her application for utility model registration, state his or her intention to do so and indicate the patent application, which is the basis of converted application, when he or she files for converted application. <Amended on Jun. 11, 2014>
(4) The initial patent application shall be deemed withdrawn by filing a converted application. <Amended on Jun. 11, 2014>
(5) Deleted. <Jun. 11, 2014>
(6) A person who makes priority claims under Article 54 of the Patent Act in filing the converted application, may submit the documents prescribed in paragraph (4) of the same Article to the Commissioner of the Korean Intellectual Property Office within three months from the filing date of the converted application, even after the lapse of the period prescribed in paragraph (5) of the same Article. <Amended on Mar. 22, 2013>
(7) Where a converted application is filed in a foreign language, the applicant for utility model registration may submit the Korean translation under Article 8-3 (2) or another Korean translation under the main sentence of Article 8-3 (3) by not later than 30 days from the filing date of the converted application, even after the expiration of the deadline specified in paragraph (2) of the aforesaid Article; provided, another Korean translation shall not be submitted in cases specified in any subparagraph of Article 8-3 (3). <Added on Jun. 11, 2014>
(8) Where a converted application has been filed regarding an application for utility model registration filed without stating the claims in the description initially accompanying the converted application, the applicant for utility model registration may supplement the description to contain the claims by not later than 30 days from the filing date of the converted application, even after the expiration of the deadline specified in Article 8-2 (2). <Added on Jun. 11, 2014>