Article 202(Special Provisions concerning Priority Claims by Patent Applications) #
(1) Articles 55 (2) and 56 (2) shall not apply to international patent applications.
(2) If a patent application claiming priority is an international application, "specification or drawings accompanying the initial patent application" in Article 55 (4) shall be construed as "description of the invention, claims, or drawings submitted by the international filing date", and "laid open" shall be construed as "laid open or published internationally under Article 21 of the Patent Cooperation Treaty", respectively, for the purposes of the same paragraph: Provided, That Article 55 (4) shall not apply where such an international patent application is deemed withdrawn under Article 201 (4).
(3) For the purposes of Article 55 (1) and (3) through (5) and Article 56 (1), the following shall apply if an earlier application is an international patent application or an international application for registration of a utility model under Article 34 (2) of the Utility Model Act:
1. "Specification or drawings initially accompanying the application" in the main clause of Article 55 (1) with the exception of the subparagraphs, Article 55 (3), and the main clause of Article 55 (5) with the exception of its subparagraphs shall be construed as either of the following:
(a) If the earlier application is an international patent application: "Description of the invention claimed in the international application, the scope of claims, or drawings submitted by the international filing date";
(b) If the earlier application is an international application for registration of a utility model under Article 34 (2) of the Utility Model Act: "Description of the design claimed in the international application, the scope of claims, or drawings submitted by the international filing date";
2. "Specification or drawings initially accompanying the earlier application" in Article 55 (4) shall be construed as either of the following, and "laid open" shall be construed as "laid open or published internationally under Article 21 of the Patent Cooperation Treaty" with respect to the earlier application:
(a) If the earlier application is an international patent application: "Description of the invention claimed in the earlier application, the scope of claims, or drawings, filed by the international filing date as an international application";
(b) If the earlier application is an international application for registration of a utility model under Article 34 (2) of the Utility Model Act: "Description of the design claimed in the earlier application by the international filing date as an international application, the scope of claims, or drawings";
3. "At the time one year and three months elapse from the filing date of the earlier application" in the main clause of Article 56 (1), with the exception of the subparagraphs, shall be construed as "after the lapse of one year and three months from the international filing date or the reference date under 201 (5) of this Act or Article 35 (5) of the Utility Model Act, whichever comes later".
(4) For the purposes of Article 55 (1) and (3) through (5) and Article 56 (1), the following shall apply if the earlier application filed under Article 55 (1) is an international patent application deemed a patent application under Article 214 (4) of this Act or an application for registration of a utility model under Article 40 (4) of the Utility Model Act:
1. "Specification or drawings initially accompanying the application" in the main clause of Article 55 (1) with the exception of the subparagraphs, Article 55 (3), and the main clause of Article 55 (5) with the exception of its subparagraphs shall be construed as either of the following:
(a) If the earlier application is an international patent application deemed a patent application under Article 214 (4): "Description of the invention claimed in the earlier application, the scope of claims, or drawings on the date that would have been recognized as the international filing date under Article 214 (4)";
(b) If the earlier application is an international application deemed an application for registration of a utility model under Article 40 (4) of the Utility Model Act: "Description of the design claimed in the international application, the scope of claims, or drawings on the date that would have been recognized as the international filing date under Article 40 (4) of the Utility Model Act";
2. "Specification or drawings initially accompanying the earlier application" in Article 55 (4) shall be construed as either of the following:
(a) If the earlier application is an international patent application deemed a patent application under Article 214 (4): "Description of the invention claimed in the earlier application filed as an international application, the scope of claims, or drawings on the date that would have been recognized as the international filing date under Article 214 (4)";
(b) If the earlier application is an international application deemed an application for registration of a utility model under Article 40 (4) of the Utility Model Act: "Description of the design claimed in the earlier application filed as an international application, the scope of claims, or drawings on the date that would have been recognized as the international filing date under Article 40 (4) of the Utility Model Act";
3. "At the time one year and three months lapse from the filing date" in the main clause of Article 56 (1), with the exception of the subparagraphs, shall be construed as "after the lapse of one year and three months from the date that would have been recognized as the international filing date under Article 214 (4) of this Act or Article 40 (4) of the Utility Model Act or the date when a decision is made under Article 214 (4) of this Act or Article 40 (4) of the Utility Model Act, whichever comes later".
[This Article Wholly Amended on Jun. 11, 2014]