Article 123
(1) The patent applicant, in order to protect the inventions which are perfects or develops the invention that is the subject of the patent; and which are in coherence with the subject of the main patent within the context of Article 91; can make a supplemental patent application in addition to the main patent application.
(2) The supplemental patent application can be made until the publication of the decision on granting the main patent application. The application date of the supplemental patent application is the date in which the supplemental patent application is submitted to the Office according to Article 90.
(3) The search report of the supplemental patent application shall be prepared together with the search report of the main patent application or later. The main patent application shall not be considered as the state of the art in evaluation of the inventive step specified in paragraph 4 of Article 83 for the supplemental patent application.
(4) A patent cannot be granted for the supplemental patent application before the decision on granting a patent for the main patent application.
(5) The time period of the supplemental patent application begins as of the date of the supplemental patent application and is valid until the end of the time period of the main patent application.
(6) Annual fees shall not be paid for the supplemental patent application and the supplemental patent.
(7) The supplemental patent application can always be converted into an independent patent application upon the applicant’s request during the application process. In case that it is detected by the Office that the supplemental patent application does not display any required connections with the main patent application; the supplemental patent application shall be converted into a main patent application within three months as of the date of the notification.
(8) In case that the main patent is annulled; or the main patentee gives up their patent right; or it is invalidated due to unpaid annual fees; the supplemental patent shall be converted into a main patent.
(9) The decision on nullity of the patent does not mandatorily lead to nullity of the supplemental patent. However, in case no application is made to convert supplemental patents into independent patents within three months as of the notification of the nullity decision that is made according to Article 99; nullity of the patent will cause supplemental patents nullity.
(10) In case that the main patent is withdrawn; considered as withdrawn; rejected; or deemed invalid due to unpaid annual fees; the supplemental patent application shall be converted into an independent patent application.
(11) If more than one supplemental patent applications are made for the main patent application, the first supplemental patent application or the supplemental patent can be converted into an independent patent or an independent patent application according to paragraph 7, 8 and 9. Other supplemental patent application will be deemed the supplemental of the converted independent patent or application.
(12) In case that the supplemental patent application or the supplemental patent is converted into an independent patent application or an independent patent; shall be subject to annual fees as of the date of conversion and its protection time period is the time period specified in paragraph 5.
(13) Except as otherwise provided and in case the supplemental patent is not contrary to the nature of the supplemental patent; the provisions of this Code regarding the patent shall also be applied to the supplemental patent.
(14) A supplemental application cannot be filed for a utility model.