Enforcement Rules of the Patent Act Article 26-2

The so-called “on the same date” prescribed under Paragraph 1, Article 32 of the Act shall mean a patent application for invention and a patent application for utility model having been filed in accordance with, respectively, Paragraph 2, Article 25 and Paragraph 2, Article 106 of the Act, and having the same filing date. In the event that the priority claims are made, the priority dates shall also be the same.The situation where the applicant has not made respective declarations as prescribed under Paragraph 1, Article 32 of the Act includes the applicant not having made any declaration for both the patent application for invention and the patent application for utility model, or the applicant not having made any declaration for either of the two applications.In the event that the utility model patent becomes extinguished or is revoked finally and bindingly after the approval of the patent application for invention but prior to the publication of that invention patent, the invention patent shall not be published.