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Type Patent
Writer Mckenzie
Date 28 Nov 2007, 06:08:24
File
 
Subject national phase entry through the PCT
Content Dear Sirs

Due to circumstances I missed the date for entry into your national phase for my application. 

Some countries allow late entries and charge a penalty fee.

Can you assist in allowing a late entry?

Reply Dear Mr. McKenzie,

This is a response regarding your inquiry. 

In accordance with the Korea Patent Act and the PCT procedures, 
a request to initiate the national phase should be submitted 
not later than at the expiration of 30 months from the priority date, 
along with a translation of the international application, and the national fee. 

While the Act stipulates chances for corrections in case of errors 
in the translation submission and insufficient payment, 
there are no provisions about extending the time 
for entering the national phase in the PCT process. 

The applicant must decide whether to enter the national phase 
in a specific country. If an applicant doesn’t submit related document 
within the due date, it can be deemed that 
the applicant has no intent to enter the national phase.
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