Prerequisite Knowledge
- Deemed Withdrawal of Earlier Application
- The earlier application on which the claim of national priority is based is deemed to have been withdrawn when one year and four months have elapsed from the date of filing of the application
- Patent Law, Article 42, Paragraph 1; Patent Law Enforcement Regulations, Article 28-4, Paragraph 2.
- Withdrawal of priority claim
- The applicant of a patent application with a claim of national priority may not withdraw such claim after the expiration of one year and four months from the date of filing of the earlier application
- Patent Law, Article 42, Paragraph 3; Patent Law Enforcement Regulations, Article 28-4, Paragraph 2.
Look at the problem statement in light of this
- If Application B is filed based on Application A and Application C is filed with respect to Application B
- b: When does B become deemed withdrawn, 1 year and 4 months after A’s filing?
- →×
- That is when Application A is deemed withdrawn.
- B is deemed withdrawn 1 year and 4 months after B’s filing.
- c: How long can I withdraw C’s priority claim?
- Up to 1 year and 4 months from the date of C’s earlier filing B
- →○
- b: When does B become deemed withdrawn, 1 year and 4 months after A’s filing?
Therefore, c is correct.
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