Part Five
Amendment of an Application
Article 35
An application may be amended by revising the description and/or the claims, provided that such amendments do not expand the scope of invention applied for the original application.
Article 36
- An applicant may request that an application be divided if the said application contains a number of inventions that do not constitute a unity of invention as referred to in Article 21
- The division of an application as referred to in paragraph (1) may be filed separately in an application or more, provided that the scope of protection applied for in each application does not expand the scope of protection applied for in the original application
- The request for the division of an application as referred to in paragraph (1) may be filed at the latest before the original application is granted a decision as referred to in Article 55 paragraph (1) or Article 56 paragraph (1)
- The request for the division of an application as referred to in paragraph (1) and (2) which has fulfilled the requirements as referred to in Article 21 and Article 24 shall be deemed to have been filed on the same date with the original filing date
- In the case an applicant does not file the request for the division of an application within the period as referred to in paragraph (3), the substantive examination shall only be conducted on the inventions as stated in the sequence of claims in the original application.
Article 37
An applicant may amend an application for a paten to be one for a simple patent or the other way, still by considering the provisions in this Law.
Article 38
Further provisions regarding the amendment as referred to in Articles 35, 36 and 37 shall be regulated by a Presidential Decree.
Part Six
Withdrawal of a Patent Application
Article 39
- An applicant may withdraw his application by submitting a written request to the Directorate General
- Further provisions regarding the withdrawal of an application shall be regulated by a Presidential Decree
Part Seven
Prohibitions to File Patent Applications
and Obligations to Preserve Confidentiality
Article 40
While still bound in active service and until one year after the retirement or after ceasing to work at the Directorate General for whatever reason, an employee of the Directorate General or any person who due to his assignment has been working for or on behalf of the Directorate General, shall not be permitted to file an application, to obtain a patent, or in any other manner obtain a right or hold a right relating to a patent, unless the ownership of patent is due to inheritance.
Article 41
As of the filing date of an application, all officials at the Directorate General or any person whose duties relate to the duties of the Directorate General shall be obligated to preserve the confidentiality of the invention and all application documents, until the date the relevant application is announced.
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