- PATENT ACT
- CHAPTER I GENERAL PROVISIONS
- Article 1Purpose
- Article 2Definitions
- Article 3Capacity of Minors etc
- Article 4Associations etc. which are Not Juridical Persons
- Article 5Patent Administrator for Overseas Residents
- Article 6Scope of Authority of Representation
- Article 7Proof of Authority of Representation
- Article 7bis Ratification Regarding Defect in Legal Capacity, etc.
- Article 8Non-extinction of Authority of Representation
- Article 9Independence of Representation
- Article 10Replacement of Representatives etc.
- Article 11Representation of Two or More Persons
- Article 12Mutatis Mutandis Application of the Civil Procedure Act
- Article 13Venue of Overseas residents
- Article 14Calculation of Time Periods
- Article 15Extension of Time Periods etc.
- Article 16Invalidation of Procedure
- Article 17Subsequent Completion of Procedure
- Article 18Succession of Procedural Effects
- Article 19Continuation of a Procedure
- Article 20Interruption of a Procedure
- Article 21Resumption of an Interrupted Procedure
- Article 22Request for a Resumption
- Article 23Suspension of a Procedure
- Article 24Effects of an Interruption or Suspension
- Article 25Capacity of Foreigners
- Article 26Effects of a Treaty
- Article 28Effective Date of Submitted Documents
- Article 28bis Entry of Identification Number
- Article 28ter Undertaking Patent-related Procedures by Electronic Documents
- Article 28quater Report on Use of Electronic Documents and Electronic Signatures
- Article 28quinquies Conduct of Notification etc. through an Information Communication Network
- CHAPTER II REQUIREMENTS FOR PATENT REGISTRATION AND PATENT APPLICATIONS
- Article 29Requirements for Patent Registration
- Article 30Inventions Not Deemed to be Publicly Known etc.
- Article 32Unpatentable Inventions
- Article 33Persons Entitled to Obtain a Patent
- Article 34Patent Application Filed by an Unentitled Person and Protection of the Lawful Holder of a Right
- Article 35Patent Granted to an Unentitled Person and Protection of the Lawful Holder of a Right
- Article 36First-to-File Rule
- Article 37Transfer of the Right to Obtain a Patent etc.
- Article 38Succession to the Right to Obtain a Patent
- Article 41Inventions Necessary for National Defense etc.
- Article 42Patent Application
- Article 43Abstract
- Article 44Joint Applications
- Article 45Scope of a Single Patent Application
- Article 46Amendment of Procedure
- Article 47Amendment of Patent Application
- Article 51Dismissal of an Amendment
- Article 52Divisional Application
- Article 53Converted Application
- Article 54Priority Claim under Treaty
- Article 55Priority Claim Based on a Patent Application etc.
- Article 56Withdrawal of an Earlier Application etc.
- CHAPTER III EXAMINATION
- Article 57Examination by Examiner
- Article 58Search for Prior Art etc.
- Article 58bis Cancellation of the Designation of a Specialized Organization
- Article 59Request for an Examination of a Patent Application
- Article 60Procedure for Requesting an Examination
- Article 61Accelerated Examination
- Article 62Decision to Reject a Patent Application
- Article 63Notification of Grounds for Rejection
- Article 63bis Provision of Information on Patent Applications
- Article 64Laying Open of Application
- Article 65Effects of Laying Open of Application
- Article 66Decision to Grant a Patent
- Article 66bis Amendment Ex officio
- Article 67Formalities for a Decision of Patentability
- Article 67bis Request for Reexamination
- Article 68Mutatis Mutandis Application of Provisions Concerning Trial to Examination
- Article 78Suspension of Examination or Litigation Procedures
- CHAPTER IV PATENT FEES AND PATENT REGISTRATIONS ETC.
- Article 79Patent Fees
- Article 80Payment of Patent Fees by Interested Party
- Article 81Late Payment of Patent Fees etc.
- Article 81bis Remainder Payment of Patent Fees
- Article 81ter Restoration etc. of a Patent Application and Patent Right by Late Payment orRemainder Payment of Patent Fees
- Article 82Official Fees
- Article 83Reduction or Exemption of Patent Fees or Official Fees
- Article 84Refund of Patent Fees etc.
- Article 85Patent Register
- Article 86Issuance of a Patent Registration Certificate
- CHAPTER V PATENT RIGHT
- Article 87Registration of Establishment of a Patent Right and the Publication of Registration
- Article 88The Term of a Patent Right
- Article 89Extension of the Term of a Patent Right
- Article 90Application to Register an Extension of the Term of a Patent Right
- Article 91Decision to Reject an Application to Register an Extension of the Term of a Patent Right
- Article 92Decision etc. to Register an Extension of the Term of a Patent Right
- Article 93Mutatis Mutandis Application of Provisions
- Article 94Effects of Patent Right
- Article 95Effects of Patent Right with an Extended Term
- Article 96Limitations on a Patent Right
- Article 97Scope of Protection of Patented Invention
- Article 98Relation to Patented Invention etc. of Another Person
- Article 99Transfer and Joint Ownership of a Patent Right
- Article 100Exclusive License
- Article 101Effects of Registration of a Patent Right and an Exclusive License
- Article 102Non-exclusive License
- Article 103Non-exclusive License by Prior Use
- Article 104Non-exclusive License Due to Working before Registration of a Request for anInvalidation Trial
- Article 105Non-exclusive License after a Term of a Design Right Expires
- Article 106Expropriation of Patent Right etc
- Article 107Award for the Grant of a Non-exclusive License
- Article 108Submission of Response
- Article 109Hearing of Opinion of the Intellectual Property Rights Dispute Committee and theHeads of Relevant Authorities
- Article 110Formalities etc. of Award
- Article 111Delivery of Certified Copies of Award
- Article 111bis Changes of the Award Document
- Article 112Deposit of Remuneration
- Article 113Lapse of Award
- Article 114Cancellation of an Award
- Article 115Restriction on Reasons for Objections to an Award
- Article 116Cancellation of a Patent Right
- Article 118Effects of Registration of a Non-exclusive License
- Article 119Restriction on Abandonment of a Patent Right etc.
- Article 120Effects of Abandonment
- Article 121Pledge
- Article 122Non-exclusive License Incidental to Transfer of Patent Right by Exercise of aPledge
- Article 123Subrogation of Pledge
- Article 124Extinguishment of a Patent Right in the Absence of a Successor
- Article 125Report on Working a Patent
- Article 125bis The Title of Execution on Amount of Compensation and Remuneration
- CHAPTER VI PROTECTION OF PATENTEE
- Article 126Right to Seek Injunction etc. against an Infringement
- Article 127Acts Deemed to be Infringement
- Article 128Presumption etc. of the Amount of Damages
- Article 129Presumption of the Process for Manufacturing
- Article 130Presumption of Negligence
- Article 131Recovery of the Reputation of a Patentee etc.
- Article 132Submission of Documents
- CHAPTER VII TRIAL
- Article 132bis The Intellectual Property Tribunal
- Article 132ter Trial against a Decision to Reject a Patent Application etc.
- Article 133Invalidation Trial of a Patent
- Article 133bis Correction of a Patent during an Invalidation Trial
- Article 134Invalidation Trial of Registration of Extension of the Term of a Patent Right
- Article 135Trial to Confirm the Scope of a Patent Right
- Article 136Trial for a Correction
- Article 137Trial for Invalidation of Correction
- Article 138Trial for Granting a Non-exclusive License
- Article 139Request for a Joint Trial etc
- Article 140Formal Requirements of a Request for a Trial
- Article 140bis Formal Requirements of a Request for a Trial against a Decision to Reject aPatent Application
- Article 141Dismissal of a Request for a Trial by a Ruling
- Article 142Dismissal of a Request for a Trial Containing Incurable Defects by a Trial Decision
- Article 143Administrative Patent Judges
- Article 144Designation of Administrative Patent Judges
- Article 145Presiding Administrative Patent Judge
- Article 146Board for a Trial
- Article 147Submission of a Written Response etc.
- Article 148Exclusion of an Administrative Patent Judge
- Article 149Request for Exclusion
- Article 150Recusation of an Administrative Patent Judge
- Article 151Indication of Grounds for Exclusion or Recusation
- Article 152Ruling on a Petition for Exclusion or Recusation
- Article 153Suspension of Trial proceedings
- Article 153bis Administrative patent judges Recusing Themselves
- Article 154Trial Proceedings etc.
- Article 155Intervention
- Article 156Request for an Intervention and Ruling thereon
- Article 157Taking and Preserving Evidence
- Article 158Continuation of Trial Proceedings
- Article 159Ex officio Trial Proceedings
- Article 160Joint or Separate conduct of Trial Proceedings or Trial Decisions
- Article 161Withdrawal of a Request for a Trial
- Article 162Trial Decision
- Article 163Res Judicata
- Article 164Relation to Litigation
- Article 165Costs of a Trial
- Article 166Title of Enforcement of Costs or Remuneration
- Article 170Mutatis Mutandis Application of Provisions on Examination to Trial against aDecision to Reject a Patent Application
- Article 171Special Provisions for a Trial against a Decision to Reject a Patent Application
- Article 172Effects of Examination Proceedings
- Article 176Cancellation of a Decision of Rejection etc
- CHAPTER VIII RETRIAL
- Article 178Request for a Retrial
- Article 179Request for a Retrial on Trial Decision of Fraudulent
- Article 180Period for Requesting a Retrial
- Article 181Restriction on Effects of a Patent Right Restored by a Retrial
- Article 182Non-exclusive License for Prior User of a Patent Right Restored by a Retrial
- Article 183Non-exclusive License for Person Deprived of a Non-exclusive License by aRetrial
- Article 184Mutatis mutandis Application of Provisions on Trial to Retrial
- Article 185Mutatis mutandis Application of the Civil Procedure Act
- CHAPTER IX LITIGATION
- Article 186Action against a Trial Decision etc.
- Article 187Qualification for Defendant
- Article 188Notification of Institution of Action and Delivery of Original Copy of Judgment
- Article 188bis Exclusion or Recusation of a Technical Examiner
- Article 189Cancellation of a Trial Decision or Ruling
- Article 190Action against Decision on Amount of Compensation or Remuneration
- Article 191Defendant in an Action Related to Compensation or Remuneration
- Article 191bis Compensation for Patent Attorneys and Costs of Litigation
- CHAPTER X INTERNATIONAL APPLICATIONS UNDER THEPATENT COOPERATION TREATY
- Part I. International Application Procedure
- Article 192Persons Capable of International Application
- Article 193International Application
- Article 194Establishment etc. of the Filing Date of an International Application
- Article 195Order to Amendment
- Article 196International Application Deemed to have been Withdrawn
- Article 197Common Representative etc
- Article 198Official Fees
- Article 198bis International Search and International Preliminary Examination
- Part II. Special Provisions on International Patent Applications
- Article 199Patent Application Based on an International Application
- Article 200Special Provision Concerning Inventions Not Deemed to be Publicly Known etc.
- Article 201Translation of International Patent Applications
- Article 202Special Provisions on Priority Claim
- Article 203Submission of Documents
- Article 204Amendment after Receipt of the International Search Report
- Article 205Amendment before Establishment of the International Preliminary Examination Report
- Article 206Special Provision on Patent Administrator for Overseas Residents
- Article 207Special Provision on the Time and Effect of Laying Open an Application
- Article 208Special Provision on Amendment
- Article 209Restriction on Time of Conversion of Application
- Article 210Restriction on time of a Request for an Examination
- Article 211Order Concerning Submission of Documents Cited in the International Search Report etc.
- Article 213Special Provisions on an Invalidation Trial of a Patent
- Article 214International Application Deemed to be a Patent Application by a Ruling
- Part I. International Application Procedure
- CHAPTER XI SUPPLEMENTARY PROVISIONS
- Article 215Special Provisions for a Patent or Patent Right with Two or More Claims
- Article 215bis Special Provisions for Registering a Patent Application with Two or More Claims
- Article 216Inspection of Documents etc.
- Article 217Prohibition on Opening or Carrying out Documents Related to a Patent Application, Examination, Trial, Retrial or the Patent Register etc.
- Article 217bis Agency for Digitizing Patent Documents
- Article 218Delivery of Documents
- Article 219Delivery by Public Notification
- Article 220Delivery of Documents to Overseas Residents
- Article 221Patent Gazette
- Article 222Submission of Documents etc.
- Article 223Patent Indication
- Article 224Prohibition of False Indication
- Article 224bis Restriction on Appeal
- CHAPTER XII PENAL PROVISIONS
- Article 225Offense of Infringement
- Article 226Offense of Divulging Secrets etc.
- Article 226bis Officers and Employees of Special Agency deemed to be Public Officials
- Article 227Offense of Perjury
- Article 228Offense of False Indication
- Article 229Offense of Fraud
- Article 230Dual Liability
- Article 231Confiscation etc.
- Article 232Administrative Fine
- ADDENDUM
PATENT ACT Last amended on January 30, 2009 by Act No. 9381 Note: This English version of the Patent Act of Korea is provided for information purpose only. This English version should not be relied on either as an authoritative law or an official and authentic translation of the Patent Act of Korea.
The purpose of this Act is, through protecting and encouraging inventions and promoting the utilization of inventions, to accelerate the development of technology, and thereby to contribute to the development of industry.
The definitions of terms used in this Act are as follows: (iii) "working" means any of the following acts: Article 4
An association or a foundation which is not a juridical person but for which a representative or an administrator has been designated may file a request for examination of an application, a trial or a retrial and may become a defendant in a trial or a retrial in the name of the association or foundation.
Article 5
Article 6
Unless expressly empowered, a representative delegated to undertake a patent-related procedure before the Korean Intellectual Property Office (referred to as “KIPO ”, hereinafter) by a person whose residential or business address is in the Republic of Korea may not convert, abandon or withdraw a patent application, withdraw an application to register an extension of the term of a patent right, abandon a patent right, withdraw a petition, withdraw a request, make or withdraw a priority claim under Article 55(1), request a trial under Article 132ter or appoint a subagent.
Article 7
The authority of representation of a representative (including a patent administrator. the same shall apply hereinafter) for the person who is undertaking a patent-related procedure shall be confirmed in writing.
Article 7bis
Where the correct party or legal representative ratifies any procedure undertaken by a person with no legal capacity or authority of legal representation or by a person to whom the authority required to undertake the patent-related procedure has been delegated defectively, the ratified procedure is deemed to have been undertaken at the time the procedure was originally initiated.
Article 8
The authority of representation of a representative representing a person undertaking a patent-related procedure is not extinguished upon the death or loss of legal capacity of the principal, the extinguishment of a juridical persons as the principal due to a merger, the termination of the trust duty of a trustee as the principal, the death or loss of legal capacity of the legal representative or the extinguishment or modification of authority of representation of the legal representative.
Article 9
Where two or more representatives of a person undertaking a patent-related procedure have been designated, each of them may independently represent the principal before the KIPO or the Intellectual Property Tribunal (“IPT” hereinafter).
Article 10
Replacement of Representatives etc. Article 11
Article 12
Mutatis Mutandis Application of the Civil Procedure Act
With the exception of the provisions in this Act expressly related to representatives, Part I, Section 2, Subsection 4 of the Civil Procedure Act applies mutatis mutandis to representatives under this Act.
Article 13
If an overseas resident appoints a patent administrator to administer a patent right or other right related to a patent, the residential or business address of the patent administrator is regarded as the seat of the property under Article 11 of the Civil Procedure Act. Where a patent administrator has not been appointed, the location of the KIPO is regarded as the seat of the property under Article 11 of the Civil Procedure Act.
Article 14
The calculation of time periods under this Act or in any decrees under this Act shall be made in accordance with the following provisions: (iii) Where the period is not calculated from the beginning of a month or a year, the period shall expire on the day before the day corresponding to the first day of the calculation in the last month or year; however, if no corresponding date occurs in the last month, the period expires on the last day of that month; and
(iv) when the last day of a period for undertaking a patent-related procedure falls on an official holiday (including Saturday and Labor Day, as designated by the Labor Day Designation Act), the period expires on the first working day after the holiday.
Article 15
Article 16
Article 17
Where a person who has undertaken a patent-related procedure fails to observe either the period for requesting a trial under Article 132ter or the period for requesting a retrial under Article 180(1) for non-attributable reasons, the person may complete the procedure within the fourteen-day period after the date on which the reasons cease to exist, if not more than one year has elapsed since the designated period expired.
Article 18 Succession of Procedural Effects
The effects of the procedures relating to a patent right or a patent-related right to a patent shall extend to a successor of the patent right or the patent-related right.
Where a patent right or other patent-related right is transferred while a patent-related procedure is pending in the KIPO or the IPT, the Commissioner of the KIPO or the presiding administrative patent judge may require the successor of the patent right or the patent-related right to continue the patent-related procedure.
A patent-related procedure pending in the KIPO or the IPT that falls under any of the following subparagraphs is interrupted. However, this shall not apply when a representative is delegated to conduct the procedure: (iii) when the party involved has lost the capacity to conduct the procedure; (vii) where a person who had been qualified as a party in his name on behalf of another as a bankruptcy trustee, etc. has lost his qualification or died.
Where a procedure pending in the KIPO or the IPT is interrupted in the manner referred to in Article 20, a person who falls under any of the following subparagraphs shall resume the procedure: (iii) under Article 20(iii) and (iv), the party whose capacity to conduct the necessary procedure has been restored or any person who becomes the legal representative of the party; Article 22
Article 23 Suspension of a Procedure
Article 24
Effects of an Interruption or Suspension
The interruption or suspension of a patent-related procedure pending in the KIPO or the IPT suspends the running of a term and the entire term starts to run again from the date of the notification of the resumption of the procedure or pursuit of the procedure.
Article 25
Capacity of Foreigners
Foreigners among overseas residents are not entitled to enjoy patent rights or other patent-related rights, except under any of the following circumstances: (iii) where they may enjoy patent rights or other patent-related rights according to a treaty or the equivalent of a treaty (referred to as "a treaty", hereinafter).
Article 26
Effects of a Treaty
Where a treaty contains a patent-related provision that differs from this Act, the treaty prevails.
Article 27
Deleted
Article 28
Effective Date of Submitted Documents Article 28bis
Article 28ter
Article 28quater
Article 28quinquies
Article 29
Article 30
Article 31
Deleted
Article 32
Unpatentable Inventions
Notwithstanding Article 29(1) to (2), any invention that is liable to contravene public order or morality or to injure public health shall not be patented.
Article 33 Persons Entitled to Obtain a Patent
Article 34
Where a patent cannot be granted because an application was filed by a person who is not the inventor or a successor to the right to obtain a patent (referred to as "an unentitled person", hereinafter) under the main sentence of Article 33(1) as prescribed in Article 62(ii), an application filed by the lawful holder of the right after the patent application of the unentitled person is deemed to have been filed on the filing date of the patent application filed by the unentitled person. This provision shall not apply, however, if the application is filed by the lawful holder of the right later than thirty days after the date on which the application filed by the unentitled person was rejected.
Article 35
Patent Granted to an Unentitled Person and Protection of the Lawful Holder of a Right
Where a trial decision to invalidate a patent becomes final and binding for lack of entitlement of the right to obtain a patent under the main sentence of Article 33(1) as prescribed in Article 133(1)(ii), an application filed by the lawful holder of the right after the patent application of the unentitled person is deemed to have been filed on the filing date of the invalidated patent. However, this provision shall not apply if the application is filed later than two years after the date of publication of registration of the patent or later than thirty days after the trial decision becomes final and binding.
Article 36
First-to-File Rule Article 37
Transfer of the Right to Obtain a Patent etc. Article 38
Succession to the Right to Obtain a Patent Article 39
Deleted
Article 40
Deleted
Article 41
Inventions Necessary for National Defense etc. (2) are prescribed by Ordinance of the Ministry of Knowledge Economy.
Article 43
Abstract
The abstract under Article 42(2) may not be interpreted to define the scope of a patented invention but it serves as technical information.
Article 44
Joint Applications
Where the right to obtain a patent is jointly owned under Article 33(2), the owners shall jointly file the patent application.
Article 45
Promulgated on November 28, 1949 by Military Act No. 950
CHAPTER I GENERAL PROVISIONS
Article 1 Purpose
Article 2 Definitions
Article 3
Capacity of Minors etc.
Associations etc. which are Not Juridical Persons
Patent Administrator for Overseas Residents
Scope of Authority of Representation
Proof of Authority of Representation
Ratification Regarding Defect in Legal Capacity, etc.
Non-extinction of Authority of Representation
Independence of Representation
Representation of Two or More Persons
(iii) withdrawal of a request; and (iv) a request for a trial under Article 132ter. Venue of Overseas residents
Calculation of Time Periods
Extension of Time Periods etc.
Invalidation of Procedure
Subsequent Completion of Procedure
Article 19 Continuation of a Procedure
Article 20 Interruption of a Procedure
Article 21 Resumption of an Interrupted Procedure
Request for a Resumption
Entry of Identification Number
Undertaking Patent-related Procedures by Electronic Documents
Report on Use of Electronic Documents and Electronic Signatures
Conduct of Notification etc. through an Information Communication Network
CHAPTER II REQUIREMENTS FOR PATENT REGISTRATION AND PATENT APPLICATIONS
Requirements for Patent Registration
Inventions Not Deemed to be Publicly Known etc.
(iii) deleted
Patent Application Filed by an Unentitled Person and Protection of the Lawful Holder of a Right
Article 42 Patent Application
(iii) deleted;
(iii) a detailed description of the invention; and (iv) the scope of claims.
(iii) deleted