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   KOREA IP LAWS > Patent Act


CHAPTER I : General Provisions

- Article 1 Purpose
- Article 2 Definitions
- Article 3 Capacity of Minors etc
- Article 4 Associations etc Other than a Legal Entity
- Article 5 Patent Administrator for Nonresidents
- Article 6 Scope of Power of Attorney
- Article 7 Proof of Power of Attorney
- Article 8 Continuation of Power of Attorney
- Article 9 Independence of Representation
- Article 10 Replacement of Agents etc
- Article 11 Representation of Two or More Persons
- Article 12 Mutatis Mutandis Application of the Civil Procedure Act
- Article 13 Venue of Nonresidents
- Article 14 Calculation of Time Limits
- Article 15 Extension of Time Limits etc
- Article 16 Invalidation of Procedure
- Article 17 Subsequent Completion of Procedure
- Article 18 Succession of Procedural Effects
- Article 19 Continuation of a Procedure by a Successor
- Article 20 Interruption of a Procedure
- Article 21 Resumption of an Interrupted Procedure
- Article 22 Request for a Resumption
- Article 23 Suspension of a Procedure
- Article 24 Effects of an Interruption or Suspension
- Article 25 Capacity of Foreigners
- Article 26 Effects of a Treaty
- Article 27 Deleted
- Article 28 Effective Date of Submitted Documents
- Article 28bis Entry of Identification Number Procedure for Filing Patent Applications by Electronic Means
- Article 28quater Report on Use of Electronic Documents and Electronic Signatures
- Article 28quinquies Notification etc through a Communication Network

File Download : Chapter1


CHAPTER II : Requirements for patent Registration and Patent Applications

- Article 29 Requirements for Patent Registration
- Article 30 Inventions Not Considered to be Publicly Known etc
- Article 31 Patent for a Plant Invention
- Article 32 Unpatentable Inventions
- Article 33 Persons Entitled to Obtain a Patent
- Article 34 Patent Application Filed by an Unentitled Person and Protection of the Lawful Holder of a Right
- Article 35 Patent Granted to an Unentitled Person and Protection of the Lawful Holder of a Right
- 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 Employees' Inventions
- Article 40 Remuneration for Employees ’ Inventions
- Article 41 Inventions Necessary for National Defense etc
- Article 42 Patent Application
- Article 43 Abstract
- Article 44 Joint Applications
- Article 45 Scope of a Patent Application
- Article 46 Amendment of Procedure
- Article 47 Amendment of Patent Application
- Article 48 Deleted
- Article 49 Treatment of an Amendment to a Dual Application etc
- Article 50 Deleted
- Article 51 Rejection of an Amendment
- Article 52 Divisional Application
- Article 53 Dual Application
- Article 54 Priority Claim Under Treaty
- Article 55 Priority Claim Based on a Patent Application etc
- Article 56 Withdrawal of an Earlier Application etc

File Download : Chapter2


CHAPTER III : Examination

- Article 57 Examination by Examiner
- Article 58 Search for Prior Art etc
- Article 58bis Cancellation of the Designation of a Specialized Search Organization
- Article 59 Request for an Examination of a Patent Application
- Article 60 Procedure for Requesting an Examination
- Article 61 Preferential Examination
- Article 62 Decision to Refuse a Patent
- Article 63 Notification of Reasons for Refusal
- Article 64 Laying Open of Application
- Article 65 Effects of Laying Open of Application
- Article 66 Decision to Grant a Patent
- Article 67 Formalities for a Decision of Patentability
- Article 68 Mutatis Mutandis Application of Provisions Concerning Trial to Examination
- Article 69 Opposition to the Grant of a Patent
- Article 70 Amendment of Grounds for an Opposition etc
- Article 71 Collegial Body for Examination and Decision
- Article 72 Examination Ex Officio in Examination of an Opposition
- Article 73 Joint or Separate Oppositions
- Article 74 Decision on an Opposition
- Article 75 Formalities of a Decision on an Opposition
- Article 76 Withdrawal of an Opposition
- Article 77 Correction of a Patent in an Opposition
- Article 78 Suspension of Examination or Litigation Trials
- Article 78bis Mutatis Mutandis Application of Provisions Concerning Trials to Opposition

File Download : Chapter3


CHAPTER IV : Patent Fees and Patent Registrations etc.

- Article 79 Patent Fees
- Article 80 Payment of Patent Fees by Interested Party
- Article 81 Late Payment of Patent Fees etc
- Article 81bis Remaining Payment of Patent Fees
- Article 81ter Restoration etc of a Patent Application and Patent Right by Late Payment or
- Remaining Payment of Patent Fees
- Article 82 Official Fees
- Article 83 Reduction or Exemption of Patent Fees or Official Fees
- Article 84 Refund of Patent Fees etc
- Article 85 Patent Register
- Article 86 Issuance of a Patent Registration Certificate

File Download : Chapter4


CHAPTER V : Patent Right

- Article 87 Registration of the Establishment of a Patent Right and the Publication of Registration
- Article 88 The Term of a Patent Right
- Article 89 Extension of the Term of a Patent Right
- Article 90 Application to Register an Extension of the Term of a Patent Right
- Article 91 Decision of Refusal to Extend the Term of a Registered Patent
- Article 92 Decision etc on Registration for Extending the Term of a Patent Right
- Article 93 Mutatis Mutandis Application of Provisions
- Article 94 Effects of Patent Right
- Article 95 Effects of Patent Right the Term of which has been Extended
- Article 96 Limitations on a Patent Right
- Article 97 Scope of Protection of Patented Invention
- Article 98 Relation to Patented Invention etc of Another Person
- Article 99 Assignment and Joint Ownership of a Patent Right
- Article 100 Exclusive License
- Article 101 Effects of Registration of a Patent Right and an Exclusive License
- Article 102 Nonexclusive License
- Article 103 Nonexclusive License by Prior Use
- Article 104 Nonexclusive License Due to Working before Registration of a Request for an Invalidation Trial
- Article 105 Nonexcluseive License after a Design Right Expires
- Article 106 Expropriation of Patent Right etc
- Article 107 Adjudication for the Grant of a Nonexclusive License
- Article 108 Submission of Response
- Article 109 Solicitation of Opinion from the Intellectual Property Rights Dispute Committee
- Article 110 Formality of Adjudication
- Article 111 Transmittal of Certified Copies of Adjudication
- Article 112 Deposit of Remuneration
- Article 113 Lapse of Adjudication
- Article 114 Cancellation of an Adjudication
- Article 115 Restriction on Reasons for Objections to an Adjudication
- Article 116 Cancellation of a Patent Right
- Article 117 Deleted
- Article 118 Effects of Registration of a Nonexclusive License
- Article 119 Restriction on Abandonment of a Patent Right etc
- Article 120 Effects of Abandonment
- Article 121 Pledge
- Article 122 Nonexclusive License Incidental to Transfer of Patent Right by Exercise of a Pledge Right
- Article 123 Subrogation of Pledge Right
- Article 124 Extinguishment of a Patent Right in the Absence of a Successor
- Article 125 Report on Working a Patent
- Article 125bis The Title of Execution on Amount of Compensation and Remuneration

File Download : Chapter5


CHAPTER VI : Protection of patentee

- Article 126 Injunction etc against an Infringement
- Article 127 Acts of Infringement
- Article 128 Presumption etc of the Amount of Damages
- Article 129 Presumption of the Patented Process to Manufacture
- Article 130 Presumption of Negligence
- Article 131 Recovery of the Reputation of a Patentee etc
- Article 132 Submission of Documents

File Download : Chapter6


CHAPTER VII : Trial

- Article 132bis Intellectual Property Tribunal
- Article 132ter Trial against a Decision to Refuse or Revoke a Patent etc
- Article 132quater Deleted
- Article 133 Invalidation Trial of a Patent
- Article 133bis Correction of a Patent during an Patent Invalidation Trial
- Article 134 Invalidation Trial of Registration for Extension of the Term of a Patent Right
- Article 135 Trial to Confirm the Scope of a Patent Right
- Article 136 Trial for a Correction
- Article 137 Trial for Invalidation of Correction
- Article 138 Trial for Granting a Nonexclusive License
- Article 139 Request for a Joint Trial etc
- Article 140 Formal Requirements of a Request for a Trial
- Article 140bis Formal Requirements of a Request for a Trial on a Decision to Refuse or Revoke a Patent etc
- Article 141 Rejection of a Request for a Trial
- Article 142 Rejection of a Request for a Trial Containing Incurable Defects
- Article 143 Trial Examiners
- Article 144 Designation of Trial Examiners
- Article 145 Presiding Trial Examiner
- Article 146 Collegial Body for a Trial
- Article 147 Submission of a Response etc
- Article 148 Exclusion of a Trial Examiner
- Article 149 Request for Exclusion
- Article 150 Recusal of a Trial Examiner
- Article 151 Indication of Grounds for Exclusion or Recusal
- Article 152 Decision on a Request to Exclude or Recuse
- Article 153 Suspension of Trials
- Article 153bis Trial Examiners Recusing Themselves
- Article 154 Trial Proceedings etc
- Article 155 Intervention
- Article 156 Request for an Intervention and Decision
- Article 157 Taking and Preserving Evidence
- Article 158 Continuation of Trial Proceedings
- Article 159 Ex Officio Trial Examination
- Article 160 Combination or Separation of a Trial or Ruling
- Article 161 Withdrawal of a Request for a Trial
- Article 162 Ruling on a Trial
- Article 163 Res Judicata
- Article 164 Trials and Litigation
- Article 165 Costs of a Trial
- Article 166 Title of Enforcement of Costs or Remuneration
- Article 167 Deleted
- Article 168 Deleted
- Article 169 Deleted
- Article 170 Mutatis Mutandis Application of Provisions on Examination to Trial against a Ruling of Refusal to Grant a Patent
- Article 171 Special Provisions for a Trial against a Ruling of Refusal to Grant a Patent
- Article 172 Effect of Examination or Opposition Proceedings
- Article 173 Reexamination Before a Trial
- Article 174 Mutatis Mutandis Application of Provisions on Examination to the Reexamination Before a Trial
- Article 175 Termination of a Reexamination
- Article 176 Reversal of a Ruling of Refusal etc
- Article 177 Deleted

File Download : Chapter7


CHAPTER VIII : Retrial

- Article 178 Request for a Retrial
- Article 179 Request for a Retrial on Account of Collusion
- Article 180 Period for Requesting a Retrial
- Article 181 Restriction on Effects of a Patent Right Restored by a Retrial
- Article 182 Nonexclusive License for Prior User of a Patent Right Restored by a Retrial
- Article 183 Nonexclusive License for Person Deprived of a Nonexclusive License by a Retrial
- Article 184 Mutatis Mutandis Application of Provisions on Trial to Retrial
- Article 185 Mutatis Mutandis Application of the Civil Procedure Act

File Download : Chapter8


CHAPTER IX : Litigation

- Article 186 Action on Trial Decision etc
- Article 187 Qualification for Defendant
- Article 188 Notification of Institution of Action and Transmittal of Document
- Article 188bis Exclusion or Recusal of a Technical Examiner
- Article 189 Revoking a Trial Decision or Ruling
- Article 190 Action against Decision on Amount of Compensation or Remuneration
- Article 191 Defendant in an Action Related to Compensation or Remuneration

File Download : Chapter9


CHAPTER X : International Applications under the Patent Cooperation Treaty

Part I International Application Procedure
- Article 192 Persons Capable of International Application
- Article 193 International Application
- Article 194 Recognition etc of the Filing Date of an International Application
- Article 195 Invitation to Amendment
- Article 196 International Application Considered to have been Withdrawn
- Article 197 Representative etc
- Article 198 Fees
- Article 198bis International Search and International Preliminary Examination

Part II Special Provisions on International Patent Applications
- Article 199 Patent Application Based on an International Application
- Article 200 Special Provision Concerning Presumption of Novelty of Inventions
- Article 201 Translation of International Patent Applications
- Article 202 Special Provisions on Claim of Priority
- Article 203 Submission of Documents
- Article 204 Amendment after Receipt of the International Search Report
- Article 205 Amendment before Establishment of the International Preliminary Examination Report
- Article 206 Special Provision on Patent Administrator for Nonresidents
- Article 207 Special Provision on the Time and Effect of Laying Open an Application
- Article 208 Special Provision on Amendment
- Article 209 Restriction on Timing of Dual Application
- Article 210 Time Restriction on a Request for an Examination
- Article 211 Regulation Concerning Submission of Documents Cited in the International Search Report etc
- Article 212 Special Provisions on Oppositions Against Grant of Patent
- Article 213 Special Provisions on an Invalidation Trial of a Patent
- Article 214 International Application Considered to be a Patent Application by Decision

File Download : Chapter10


CHAPTER XI : Supplementary Provisions

- Article 215 Special 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 216 Inspection of Documents etc
- Article 217 Prohibition on Opening or Removing Documents Related to a Patent Application, Examination, Opposition, Trial, Retrial or the Patent Register
- Article 217bis Agency for Digitizing Patent Documents
- Article 218 Transmittal of Documents
- Article 219 Transmittal by Public Notification
- Article 220 Transmittal of Documents to Nonresidents
- Article 221 Patent Gazette
- Article 222 Submission of Documents etc
- Article 223 Patent Indication
- Article 224 Prohibition of False Indication
- Article 224bis Restriction on Objections

File Download : Chapter11


CHAPTER XII : Penal Provisions

- Article 225 Offense of Infringement
- Article 226 Offense of Perjury
- Article 227 Offense of False Marking
- Article 228 Offense of Fraud
- Article 229 Offense of Divulging Secrets
- Article 229bis Officers and Employees of Special Searching Agency as Public Officials and Irrefutable Presumption
- Article 230 Dual Liability
- Article 231 Confiscation etc
- Article 232 Administrative Fine

File Download : Chapter12


ADDENDA

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