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Enforcement Decree of the Utility Models Act (Presidential Decree No. 562 of 1962, as amended up to Presidential Decree No. 23342 of December 2, 2011), Republic of Korea

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Details Details Year of Version 2012 Dates Amended up to: December 2, 2011 Entry into force: March 22, 1962 Issued: March 22, 1962 Type of Text Implementing Rules/Regulations Subject Matter Patents (Inventions), Utility Models, IP Regulatory Body

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Main text(s) Main text(s) English Enforcement Decree of the Utility Models Act (Presidential Decree No. 562 of 1962, as amended up to Presidential Decree No. 23342 of December 2, 2011)        
 Enforcement Decree of the Utility Model Act

ENFORCEMENT DECREE OF THE UTILITY MODEL ACT

Wholly Amended by Presidential Decree No. 19696, Sep. 28, 2006

Amended by Presidential Decree No. 20128, Jun. 28, 2007

Presidential Decree No. 20729, Feb. 29, 2008

Presidential Decree No. 21054, Sep. 30, 2008

Presidential Decree No. 21568, Jun. 26, 2009

Presidential Decree No. 23342, Dec. 2, 2011

Article 1 (Purpose)

The purpose of this Decree is to provide for matters delegated by the Utility Model Act and those

necessary for its enforcement.

Article 2 (Scope of Telecommunication Lines)

"Telecommunication lines specified in Presidential Decree" in Article 4 (1) 2 of the Utility Model Act

(hereinafter referred to as the "Act") means the telecommunication lines operated by any of the

following persons:

1. The Government or local government, foreign central or local government, or international

organization;

2. A national or public school under Article 3 of the Higher Education Act or foreign national or

public college or university;

3. A national or public research institute in the Republic of Korea or a foreign country;

4. A corporation established for the purpose of carrying out business related to patent information,

which is designated and publicly announced by the Commissioner of the Korean Intellectual

Property Office.

IP/N/1/KOR/E/9 Page 3

Article 3 (Methods to Describe Scope of Claims for Utility Model Registration)

(1) In describing the claims falling within the purview of scope of claims for utility model registration

(hereinafter referred to as "claims") as provided for in Article 8 (8) of the Act, there shall be the

description of an independent claim concerning the article (hereinafter referred to as "independent

claim"), and a dependent claim (hereinafter referred to as "dependent claim") may be added to

make the independent claim more specific with restrictive or additional description to the

independent claim. In such cases, another dependent claim may be added to make such dependent

claim more specific with restrictive or additional description, if necessary. <Amended by Presidential

Decree No. 20128, Jun. 28, 2007>

(2) The claims shall be divided into an appropriate number of claims according to the nature of devices.

(3) A dependent claim shall cite one or more independent or another dependent claims, and shall

indicate the number of the cited claim.

(4) A claim citing two or more claims shall show the number of cited claims alternatively.

(5) The claim cited in a claim as one of two or more claims may not cite again two or more other claims.

The same shall apply where a claim cited in a claim as one of two or more claims cites another

claim to cite two or more claims again consequently.

(6) A cited claim shall be mentioned ahead of another claim citing the claim.

(7) Each claim shall be described in a new line, and a serial number in an Arabic numeral shall be

assigned to each claim in the describing order.

Article 4 (Requirements for Each Utility Model Registration for Each Group of Devices)

Each group of devices under the proviso to Article 9 (1) of the Act shall meet the following

requirements for the application for utility model registration:

1. There shall be technical correlation between the devices claimed;

2. Each device claimed shall have an identical or equivalent technical feature. In such cases, the

technical feature of the devices, as a whole, shall be the more improved one than that of prior art.

IP/N/1/KOR/E/9 Page 4

Article 5 (Applications Eligible for Accelerated Examination)

"Patent applications specified by Presidential Decree" in subparagraph 2 of Article 61 of the Patent

Act as applied mutatis mutandis in Article 15 of the Act means utility model registration falling under

any of the following subparagraphs and prescribed by the Commissioner of the Korean Intellectual

Property Office: <Amended by Presidential Decree No. 20128, Jun. 28, 2007; Presidential Decree No. 21054,

Sep. 30, 2008>

1. Utility model registration for defense industry;

2. Utility model registration useful for the prevention of pollution;

3. Utility model registration directly related to the promotion of export;

4. Utility model registration related to the functions of the State or local governments (including the

utility model registration filed for by an organization established within a national or public school

and exclusively dedicated to the technology transfer and the promotion of commercialization

thereof under Article 11 (1) of the Act on the Technology Transfer and Commercialization

Promotion Act among the utility model registration related to the functions of national and public

schools as defined in the Higher Education Act);

5. Utility model registration filed for by an enterprise acknowledged as a venture business under

Article 25 of the Act on Special Measures for the Promotion of Venture Businesses;

6. Utility model registration filed for by an enterprise selected as one of technology-innovative small

and medium enterprises under Article 15 of the Act on Promotion of Technical Renovation of

Small and Medium Enterprises;

7. Utility model registration related to a product from the State's project for the development of new

technology or quality certification;

8. Utility model registration that serves as a ground for priority claims under a treaty (limited to those

for which the procedures for a patent application or utility model registration filed for are under

way at a foreign patent office according to priority claims based on such utility model registration);

IP/N/1/KOR/E/9 Page 5

9. Utility model registration under which the applicant of the utility model registration is currently

working, or is at the stage of preparation for working, the device for which utility model

registration was filed for;

10. Utility model registration directly related to electronic transactions;

11. Utility model registration filed for simultaneously with a request for examination and for which a

request for accelerated examination is filed within two months thereafter;

12. Utility model registration for which a person who intends to file an application for accelerated

examination retained a specialized institution under Article 58 (1) of the Patent Act, which shall

apply mutatis mutandis pursuant to Article 15 of the Act, to conduct a survey on prior art with

respect to the utility model for which utility model registration is pending, and requested the

specialized institution to notify the Commissioner of the Korean Intellectual Property Office of the

results of the survey.

Article 6 (Decision on Accelerated Examination)

(1) A person who requests the accelerated examination under Article 61 of the Patent Act as applied

mutatis mutandis pursuant to Article 15 of the Act shall submit a written application for accelerated

examination prescribed by Ordinance of the Ministry of Knowledge Economy to the Commissioner

of the Korean Intellectual Property Office. <Amended by Presidential Decree No. 20729, Feb. 29, 2008>

(2) Upon receiving the application for accelerated examination under paragraph (1), the Commissioner

of the Korean Intellectual Property Office shall decide whether to allow the accelerated examination.

(3) Necessary matters concerning the decision on accelerated examination under paragraph (2) shall

be determined by the Commissioner of the Korean Intellectual Property Office.

Article 6-2 (Periods of Delay Attributable to Applicants)

(1) "The period of delay attributable to an applicant" in Article 22-2 (3) of the Act means any of the

following periods:

IP/N/1/KOR/E/9 Page 6

Any of the following periods with regard to the procedure for utility model registration pending in the

Korean Intellectual Property Office or the Korean Intellectual Property Tribunal;

(a) When the Commissioner of the Korean Intellectual Property Office or a presiding trial examiner

issues an order to appoint an agent to initiate the procedure related to utility model registration

or to replace an agent pursuant to Article 10 of the Patent Act as applied mutatis mutandis

pursuant to Article 3 of the Act: the period from the date such order is issued to the date an

agent is appointed or replaced;

(b) When the period of request for trial or period for procedure related to utility model registration

is extended upon request of an applicant pursuant to Article 15 (1) or (2) of the Patent Act as

applied mutatis mutandis pursuant to Article 3 of the Act: the extended period (when the

period for procedure related to registration of a utility model is reduced upon request of an

applicant pursuant to Article 15 (2) of the Patent Act as applied mutatis mutandis pursuant to

Article 3 of the Act once the period has been extended, the reduced period shall be excluded

herefrom);

(c) When a date for initiating the procedure related to utility model registration has been

determined but changed to a later date upon request of an applicant pursuant to Article 15 (3)

of the Patent Act as applied mutatis mutandis pursuant to Article 3 of the Act: the period from

the day following the determined date to the changed date;

(d) When a party subsequently completes the procedure related to utility model registration after

any ground imputable to the party has ceased to exist pursuant to the main sentence of Article

17 of the Patent Act as applied mutatis mutandis pursuant to Article 3 of the Act: the period

from date such ground has ceased to exist to the date the procedure is subsequently

completed;

(e) When the procedure related to utility model registration is interrupted or suspended pursuant to

IP/N/1/KOR/E/9 Page 7

Article 20, 23 (2), 78 (1) or 164 (1) of the Patent Act as applied mutatis mutandis pursuant to

Article 3, 15 or 33 of the Act: the period during which the procedure related to utility model

registration is interrupted or suspended;

(f) When the Commissioner of the Korean Intellectual Property Office orders an applicant to report

the result of consultation within a specified period as prescribed in Article 7 (6) of the Act: the

specified period (when the period is reduced upon request of an applicant pursuant to Article

15 (2) of the Patent Act as applied mutatis mutandis pursuant to Article 3 of the Act, the

reduced period shall be excluded herefrom);

(g) When a description is supplemented to contain the scope of a claim for utility model

registration by the date provided for in Article 8 (5) 2 of the Act pursuant to the latter part other

than each subparagraph of Article 8 (5) of the Act: the period from the date an applicant is

notified of the purport of a request for initiating an examination of utility model registration to

the date the applicant supplements the description;

(h) When the Commissioner of the Korean Intellectual Property Office, the President of the Korean

Intellectual Property Tribunal or a presiding trial examiner orders the procedure related to

utility model registration to be supplemented within a specified period pursuant to Article 46,

141 (1) or 203 (2) of the Patent Act as applied mutatis mutandis pursuant to Article 11, 33 or

41 of the Act: the specified period (when the period is reduced upon request of an applicant

pursuant to Article 15 (2) of the Patent Act as applied mutatis mutandis pursuant to Article 3 of

the Act, the reduced period shall be excluded herefrom);

(i) When an application claiming a priority right based on an earlier filed application that serves as

a basis for claiming the priority right pursuant to Article 55 (1) of the Patent Act as applied

mutatis mutandis pursuant to Article 11 of the Act is withdrawn or deemed withdrawn pursuant

to Article 56 of the Patent Act as applied mutatis mutandis pursuant to Article 11 of the Act:

IP/N/1/KOR/E/9 Page 8

the period from the date the application claiming a priority right to the earlier filed application

was filed to the date such application is withdrawn or deemed withdrawn;

(j) When an examiner (referring to a trial examiner if applied mutatis mutandis to trial on utility

model pursuant to Article 33 of the Act and Article 170 of the Patent Act; hereafter the same

shall apply in this item) notifies an applicant for utility model registration of grounds for

rejection and provides the applicant an opportunity to submit his/her statement of opinion

within a specified period pursuant to the main sentence of Article 14 (1) of the Act [Provided,

That when an examiner decides to grant utility model registration pursuant to Article 66 of the

Patent Act as applied mutatis mutandis pursuant to Article 15 of the Act after he/she has

notified an applicant of grounds for rejection even though the applicant fails to supplement the

relevant description or drawings based on such notification (including cases where a decision

to grant utility model registration is made pursuant to Article 33 of the Act and Article 170 of

the Patent Act as applied mutatis mutandis pursuant to Article 66 of the same Act), such

cases shall be excluded herefrom]: the specified period (when a period for submitting a

statement of opinion is reduced upon request of an applicant pursuant to Article 15 (2) of the

Patent Act as applied mutatis mutandis pursuant to Article 3 of the Act, the reduced period

shall be excluded herefrom);

(k) When a decision on preferential examination under Article 6 with regard to preferential

examinations prescribed in Article 61 of the Patent Act as applied mutatis mutandis pursuant

to Article 15 of the Act is delayed due to reasons attributable to an applicant: the delayed

period;

(l) When an applicant pays registration fees pursuant to Article 16 (1) of the Act after having been

served a certified copy of the decision to grant utility model registration pursuant to Article 67

(2) of the Patent Act as applied mutatis mutandis pursuant to Article 15 of the Act (including

IP/N/1/KOR/E/9 Page 9

cases where the late payment of patent fees are made pursuant to Article 81 (1) of the Patent

Act as applied mutatis mutandis pursuant to Article 20 of the Act, patent fees are covered

pursuant to Article 81-2 (2) of the same Act, or patent fees are paid and covered pursuant to

Article 81-3 (1) of the same Act), or an applicant is exempt from registration fees after

submitting documents specified by Ordinance of the Ministry of Knowledge Economy pursuant

to Article 83 (3) of the Patent Act as applied mutatis mutandis pursuant to Article 20 of the Act:

the period from the date he/she is served on a certified copy to the date the establishment of a

utility model right is registered as prescribed in Article 21 of the Act;

(m) When an applicant makes a request for reexamination pursuant to the main sentence of

Article 67-2 (1) of the Patent Act as applied mutatis mutandis pursuant to Article 15 of the Act:

the period from the date the applicant has been served a certified copy of the decision to

reject utility model registration pursuant to Article 67 (2) of the Patent Act as applied mutatis

mutandis pursuant to Article 15 of the Act to the date the applicant makes a request for

reexamination;

(n) When a request for exclusion or evasion made pursuant to Article 149 or 150 of the Patent Act

as applied mutatis mutandis pursuant to Article 33 of the Act is rejected based on a decision

made pursuant to Article 152 (1) of the Patent Act as applied mutatis mutandis pursuant to

Article 33 of the Act: the period during which trial proceedings are suspended pursuant to the

main sentence of Article 153 of the Patent Act as applied mutatis mutandis pursuant to Article

33 of the Act;

(o) When the examination or preservation of evidence requested by an applicant pursuant to

Article 157 of the Patent Act as applied mutatis mutandis pursuant to Article 33 of the Act is

deemed unnecessary: the period from the date such request is made to the date the

examination or preservation of evidence is deemed unnecessary;

IP/N/1/KOR/E/9 Page 10

(p) When an examination is reopened upon request of an applicant after the applicant has been

notified of the closure of the examination pursuant to Article 162 (4) of the Patent Act as

applied mutatis mutandis pursuant to Article 33 of the Act: the period from the date an

examination is reopened to the date notice on the closure of the examination is given pursuant

to Article 162 (3) of the Patent Act as applied mutatis mutandis pursuant to Article 33 of the

Act;

(q) When a request for re-trial prescribed in Article 178 of the Patent Act as applied mutatis

mutandis pursuant to Article 33 of the Act is filed after an applicant becomes aware of grounds

for re-trial: the period from the date an applicant becomes aware of grounds for re-trial to the

date he/she requests for re-trial;

(r) When a presiding trial examiner determines an additional period as prescribed in Article 186 (5)

of the Patent Act as applied mutatis mutandis pursuant to Article 33 of the Act: the additional

period;

(s) When the service of documents or service of documents by public notice pursuant to Article

218 or 219 of the Patent Act as applied mutatis mutandis pursuant to Article 44 of the Act is

delayed due to reasons attributable to an applicant (referring to cases, etc. where the service

of documents is delayed due to a failure to report the Commissioner of the Korean Intellectual

Property Office on the purport of change when a person to be served on has changed his/her

place of service pursuant to Article 18 (10) of the Enforcement Decree of the Patent Act as

applied mutatis mutandis pursuant to Article 9): the period during which such service is

delayed;

2. Any of the following periods with regard to litigation proceedings about trial decisions, decisions

or rulings pursuant to Article 186 (1) or (8) of the Patent Act as applied mutatis mutandis

pursuant to Article 33 of the Act;

IP/N/1/KOR/E/9 Page 11

(a) When litigation proceedings are suspended pursuant to Article 78 (2) of the Patent Act as

applied mutatis mutandis pursuant to Article 15 of the Act or Article 164 (2) of the Patent Act

as applied mutatis mutandis pursuant to Article 33 of the Act: the period during which the

litigation proceedings are suspended;

(b) When a motion for excluding or evading judges (including technical examiners as applied

mutatis mutandis pursuant to Article 33 of the Act and Article 188-2 (1) of the Patent Act and

junior administrative officers, etc. of a court as applied mutatis mutandis pursuant to Article 50

of the Civil Procedure Act) pursuant to Articles 41 through 43 of the Civil Procedure Act is

rejected based upon a ruling rendered pursuant to Article 45 or 46 of the Civil Procedure Act:

the period from the date a motion for exclusion or evasion is filed to the date a decision to

dismiss such motion is made, or the period during which litigation proceedings are suspended

pursuant to the main sentence of Article 48 of the Civil Procedure Act;

(c) When a court or presiding judge issues an order for supplementation within a specified period

pursuant to Article 59 or 254 (1) of the Civil Procedure Act: the specified period;

(d) When a special representative is appointed as prescribed in Article 62 of the Civil Procedure

Act: the period from the application date of appointment to the appointment date of the special

representative;

(e) When the reopening of a pleading prescribed in Article 142 of the Civil Procedure Act is

attributed to an applicant: the period from the date an order to reopen a pleading is issued to

the date the pleading is re-closed;

(f) When a court prohibits an applicant or his/her agent from testifying and determines a new date

for continuing pleadings pursuant to Article 144 (1) of the Civil Procedure Act: the period from

the date giving testimony is prohibited to the new date;

(g) When a court requires a lawyer to be appointed pursuant to Article 144 (2) of the Civil

IP/N/1/KOR/E/9 Page 12

Procedure Act: the period from the date an order to appoint a lawyer is issued to the date a

lawyer is appointed;

(h) When the date designated by a presiding judge is changed to a late date on substantial

grounds, such as an applicant' request, etc. pursuant to Article 165 (1) of the Civil Procedure

Act: the period from the date following the designated date to the changed date;

(i) When a court extends a statutory period or period determined by the court upon request of an

applicant or determines an additional period with regard to the invariable period pursuant to

Article 172 of the Civil Procedure Act: the extended period or additional period;

(j) When a party subsequently complete procedural acts after any ground imputable to the party

has ceased to exist pursuant to Article 173 of the Civil Procedure Act: the period from the date

such ground has ceased to exist to the date the procedural acts are subsequently completed;

(k) When the service of documents or service of documents by public notice pursuant to Articles

178, 186 through 188 or 194 of the Civil Procedure Act is delayed due to reasons attributable

to an applicant: the period during which such service is delayed;

(l) When litigation proceedings are interrupted or suspended pursuant to Articles 233 through 237,

239, 240 or 246 of the Civil Procedure Act: the period during which the litigation proceedings

are interrupted or suspended;

(m) When an presiding judge determines a new date for pleading since an applicant fails to

appear on the date for pleading or appears but fails to plead pursuant to Article 268 (1) of the

Civil Procedure Act: the period from the date following the date for pleading to the new date

for pleading;

(n) When evidence applied for examination pursuant to Article 289 of the Civil Procedure Act is

deemed unnecessary: the period from the date an application is filed to the date the evidence

is deemed unnecessary;

IP/N/1/KOR/E/9 Page 13

(o) When a party files a petition for re-trial pursuant to Article 451 of the Civil Procedure Act after it

becomes aware of the grounds for re-trial: the period from the date the party becomes aware

of the grounds for re-trial to the date the party filed a petition for re-trial;

3. Any of the following periods with regard to administrative appeals or administrative litigation

proceedings in relation to objections to a disposition pursuant to Article 224-2 (2) of the Patent

Act as applied mutatis mutandis pursuant to Article 44 of the Act;

(a) When a motion for exclusion or evasion filed under Article 10 of the Administrative Appeals Act

is rejected or dismissed by a ruling rendered under Article 12 of the Enforcement Decree of

the same Act: the period during which appeals procedure is suspended pursuant to Article 13

of the same Enforcement Decree;

(b) When an administrative appeal is filed after a natural disaster, war, internal turmoil, or other

force majeure has ceased to exist pursuant to Article 27 (2) of the Administrative Appeals Act:

the period from the date the relevant ground has ceased to exist to the date an administrative

appeal is filed;

(c) When the Central Administrative Appeals Commission (hereafter referred to as the

"Commission" in this Article) requests for supplementation within a specified period pursuant

to the main sentence of Article 32 (1) of the Administrative Appeals Act: the specified period;

(d) When the Commission determines a period for submitting supplementary documents pursuant

to Article 33 (2) of the Administrative Appeals Act: the period from the date the period for

submission thereof is determined to the date the supplementary documents are submitted;

(e) When a date for trial designated by the Commission is changed to a later date upon request of

an applicant pursuant to Article 38 of the Administrative Appeals Act: the period from the date

following the designated date for trial to the changed date for trial;

(f) When the provisions of the Civil Procedure Act prescribing service shall be as applied mutatis

IP/N/1/KOR/E/9 Page 14

mutandis pursuant to Article 57 of the Administrative Appeals Act: the period provided in

subparagraph 2 (k);

(g) When the provisions of the Civil Procedure Act shall be as applied mutatis mutandis pursuant

to Article 8 (2) of the Administrative Litigation Act: the period provided in the items of

subparagraph 2;

4. Other periods specified by Ordinance of the Ministry of Knowledge Economy and delayed due to

reasons attributable to an applicant with regard to the procedure for utility model registration

pending the Korean Intellectual Property Office or the Korean Intellectual Property Tribunal,

litigation proceedings about trial decisions, decisions or rulings prescribed in Article 186 (1) or (8)

of the Patent Act as applied mutatis mutandis pursuant to Article 33 of the Act, or administrative

appeals or administrative litigation proceedings in relation to objections to a disposition pursuant

to Article 224-2 (2) of the Patent Act as applied mutatis mutandis pursuant to Article 44 of the Act.

(2) Notwithstanding paragraph (1), if there exists an objectively acceptable reason not attributable to an

applicant among the reasons delaying the registration of the establishment of a utility model right

pursuant to Article 22-2 (1) of the Act, the period corresponding thereto shall be excluded from the

period provided in paragraph (1).

[This Article Newly Inserted by Presidential Decree No. 23342, Dec. 2, 2011]

Article 7 (Utility Model Gazettes)

(1) The Utility Model Gazettes under Article 42 of the Act shall be divided into the Utility Model Gazette

for publication of registration and the Utility Model Gazette for disclosure.

(2) The Utility Model Gazette for publication of registration shall contain the following: <Amended by

Presidential Decree No. 21568, Jun. 26, 2009>

1. The name and address of the owner of the utility model right (in cases of a juristic person, its title

and location of business place);

2. The application number, classification code and date of application;

IP/N/1/KOR/E/9 Page 15

3. The name and address of the inventor;

4. The registration number and establishment date of utility model;

5. The publication date of registration;

6. Matters concerning priority claims;

7. Matters concerning converted applications or divisional applications;

8. Description, drawings, and abstract attached to the application for utility model registration;

9. The serial number and date of disclosure of application;

10. Matters concerning amendment ex officio under Article 66-2 of the Patent Act as applied mutatis

mutandis pursuant to Article 15 of the Act;

11. Contents corrected under Article 133-2, 136, or 137 of the Patent Act as applied mutatis

mutandis pursuant to Article 33 of the Act;

12. Other matters considered as necessary by the Commissioner of the Korean Intellectual Property

Office.

(3) The Utility Model Gazette for disclosure shall contain the following: Provided, That matters

considered likely to cause disturbance to the public order or morals or a harm to public health shall

not be contained herein:

1. The name and address of the applicant (in cases of a juristic person, its title and location of

business place);

2. The application number, classification code and date of application;

3. The name and address of the inventor;

4. Matters concerning priority claims;

5. Matters concerning converted applications or divisional applications;

6. Description, drawings, and abstract attached to the application for utility model registration;

7. The serial number and date of disclosure of application;

IP/N/1/KOR/E/9 Page 16

8. The fact that a request for examination of application has been filed in accordance with Article 60

(2) of the Patent Act as applied mutatis mutandis pursuant to Article 15 of the Act: Provided,

That the disclosure number, classification code, and application number of the application shall

be published in the Utility Model Gazette for disclosure which will be issued later along with the

fact that the request for examination of application has been filed, if the fact that the request for

examination of application had been filed was not published at the time of the laying open of the

application;

9. The purport that anyone may furnish the Commissioner of the Korean Intellectual Property Office

with the information that the relevant de- vice is not eligible for utility model registration along

with evidentiary documents in accordance with Article 63-2 of the Patent Act as applied mutatis

mutandis pursuant to Article 15 of the Act;

10. Other matters related to the disclosure of application for utility model registration.

Article 8 (Imposition of Fines for Negligence)

The guidelines for the imposition of fines for negligence under Article 52 (1) of the Act shall be as

provided in attached Table. <Amended by Presidential Decree No. 23342, Dec. 2, 2011>

[This Article Wholly Amended by Presidential Decree No. 21054, Sep. 30, 2008]

Article 9 (Application Mutatis Mutandis of the Enforcement Decree of the Patent Act)

(1) Articles 2 through 4, 8-2, 8-3, 11 through 16, and 18 of the Enforcement Decree of the Patent Act

shall apply mutatis mutandis to the applications, requests, and other procedures for utility model

registration. <Amended by Presidential Decree No. 20128, Jun. 28, 2007>

(2) Article 8 of the Enforcement Decree of the Patent Act shall apply mutatis mutandis to the

qualifications of an examiner, an administrative patent judge, a presiding administrative patent judge,

and the President of the Intellectual Property Tribunal with respect to the examination and trial on

utility model registration.

IP/N/1/KOR/E/9 Page 17

ADDENDA

(1) (Enforcement Date) This Decree shall enter into force on October 1, 2006: Provided, That the

amended provisions of Article 8 (2) and (3) 2 of the Enforcement Decree of the Patent Act as applied

mutatis mutandis pursuant to Article 9 (2) of this Act shall enter into force on July 1, 2007.

(2) (Applicability concerning Objects of Accelerated Examination) The amended provisions of Article 5

shall apply to the application for accelerated examination submitted on or after this Decree enters into

force.

(3) (Transitional Measures concerning Issuance of Utility Model Gazette) The Utility Model Gazette for

the application for utility model registration filed under the previous provisions as at the time the

amended provisions of Article 7 enter into force shall be issued in accordance with the previous

provisions.

(4) (Transitional Measures concerning Qualifications of Administrative Judges, etc.) A person qualified

as an administrative judge or a presiding administrative patent judge under the previous provisions as

at the time the amended provisions of Article 8 (2) and (3) of the Enforcement Decree of the Patent

Act as applied mutatis mutandis in Article 9 (2) of this Act enter into force shall be deemed one

qualified as an administrative judge or a presiding administrative patent judge under this Decree.

ADDENDUM <Presidential Decree No. 20128, Jun. 28, 2007>

This Decree shall enter into force on July 1, 2007.

ADDENDA<Presidential Decree No. 20729, Feb. 29, 2008>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation.

Articles 2 and 3 Omitted.

ADDENDA<Presidential Decree No. 21054, Sep. 30, 2008>

IP/N/1/KOR/E/9 Page 18

Article 1 (Enforcement Date)

This Decree shall enter into force on October 1, 2008.

Article 2 (Applicability to Cases Eligible for Accelerated Examination)

The amended provisions of Article 5 shall apply to the applications for accelerated examination filed

on or after the date this Decree enters into force.

ADDENDUM <Presidential Decree No. 21568, Jun. 26, 2009>

This Decree shall enter into force on July 1, 2009.

ADDENDA<Presidential Decree No. 23342, Dec, 2, 2011>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date "Free Trade Agreement between the Republic of

Korea and the United States of America" takes effect in the Republic of Korea: Provided, That the

amended provisions of Article 8 and attached Table shall enter into force on January 1, 2012.

Article 2 (Applicability to Periods of Delay Attributable to Applicants)

The amended provisions of Article 6-2 shall apply to an application filed for utility model registration

on or after this Decree enters into force.

Article 3 (Transitional Measures concerning Fines for Negligence)

(1) The imposition of fines for negligence on any violation committed before this Decree enters into

force shall be governed by the former provisions, notwithstanding the amended provisions of

attached Table.

(2) The disposition of imposing fines for negligence on any violation committed before this Decree

enters into force shall be excluded from the number of violations prescribed in the amended

provisions of attached Table.

__________

IP/N/1/KOR/E/9 Page 19


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