Enforcement Rules of the Patent Act Article 46

Where the priority is claimed pursuant to Paragraph 1, Article 28 of the Act applicable mutatis mutandis under Paragraph 1, Article 142 of the Act, the so-called “prior to the filing of the patent application” in Article 122 of the Act and the so-called “earlier-filed” in Article 123 of the Act shall mean prior to the priority date.The so-called “printed publication” in Article 122 of the Act shall mean documents or other storage media carrying information that is open to the public.The period of six (6) months in Paragraph 3, Article 122 of the Act is calculated from the day following the occurrence of the facts prescribed under the same paragraph to the filing date prescribed under Paragraph 2, Article 125 of the Act. Where there are more than one of the facts prescribed under Paragraph 3, Article 122 of the Act, the above-mentioned period shall be calculated from the day following the occurrence of the first of these facts.