ENFORCEMENT DECREE OF THE PATENT ATTORNEY ACT
Wholly Amended by Presidential Decree No. 16867, jun. 27, 2000
Amended by Presidential Decree No. 17551, Mar. 25, 2002
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18387, May 10, 2004
Presidential Decree No. 18903, jun. 30, 2005
Presidential Decree No. 19170, Dec. 9, 2005
Presidential Decree No. 19495, May 30, 2006
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 20437, Dec. 7, 2007
Presidential Decree No. 20729, Feb. 29, 2008
Presidential Decree No. 21604, Jul. 1, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 22789, Mar. 30, 2011
Presidential Decree No. 23280, Nov. 1, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 23928, Jul. 4, 2012
Presidential Decree No. 24280, Dec. 28, 2012
Presidential Decree No. 24439, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25122, Jan. 28, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25877, Dec. 23, 2014
Presidential Decree No. 27466, Aug. 29, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28275, Sep. 5, 2017
Presidential Decree No. 29421, Dec. 24, 2018
Presidential Decree No. 29448, Dec. 31, 2018
The purpose of this Decree is to provide for the matters delegated by the Patent Attorney Act and other matters necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 2 (Intern Training) |
| (2) | Group training under paragraph (1) 1 (hereinafter referred to as the “group training”) shall be provided for 250 hours in total. |
| (3) | Group training shall be provided by any of the following corporations, institutes, or organizations: |
| 1. | The International Intellectual Property Training Institute; |
| 2. | A corporation, institute, or organization determined and publicly notified by the Commissioner of the Korean Intellectual Property Office from among a corporation, institute, or organization meeting all of the following requirements: |
| (a) | To have lecturing facilities accommodating at least 50 persons; |
| (b) | To have at least 3 persons dedicated to training; |
| (c) | To previously have conducted group training or similar training; |
| (d) | To have prepared a plan for group training and guidelines on conducting affairs of group training. |
| (4) | The period to provide on-the-job training under paragraph (1) 2 shall be six months. |
| (5) | On-the-job training shall be provided by any of the following corporations, institutes, or organizations: |
| 1. | Business offices conducting affairs of patent attorneys including patent firms and limited liability patent firms; |
| 2. | Law offices, law firms, limited liability law firms, or law firm partnerships conducting affairs related to industrial property right; |
| 3. | State agencies, local governments, public institutions, or other corporations, institutes, or organizations determined and publicly notified by the Commissioner of the Korean Intellectual Property Office from among those conducting affairs related to industrial property right. |
| (6) | Where an intern training completed by a trainee falls under any of the following, the Commissioner of the Korean Intellectual Property Office may not recognize the training as completed or may recognize it as partially completed: Provided, That in cases of subparagraph 1, the intern training must not be recognized as completed: |
| 1. | Where performance result of the intern training is submitted by fraud or other improper means; |
| 2. | Where performance of the intern training is extremely poor, falling under the grounds specified by Ordinance of the Ministry of Trade, Industry and Energy. |
| (7) | Except as otherwise expressly provided for in paragraphs (1) through (6), matters necessary for intern training, including details of training, institutes providing training, procedure therefor, shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
[This Article Newly Inserted by Presidential Decree No. 27466, Aug. 29, 2016]
| Article 2-2 (Conducting and Public Announcement of Patent Attorney Examinations) |
| (1) | Patent attorney examination (hereinafter referred to as "examination") under Article 4-2 of the Act shall be conducted annually. <Amended by Act No. 27466, Aug. 29, 2016> |
| (2) | The Commissioner of the Korean Intellectual Property Office shall publicly announce the following matters by not later than 90 days before each examination: <Amended by Presidential Decree No. 25877, Dec. 23, 2014> |
| 1. | The date and time of, and methods for conducting the examination; |
| 2. | Subjects of the examination and treaties included therein; |
| 3. | The date and time of, and methods for giving public announcement of successful examinees; |
| 4. | Places which application forms shall be distributed in and submitted to, and the period for distributing and submitting application forms; |
| 5. | Minimum number of successful examinees passing a secondary examination (excluding successful examinees exempt from some subjects of a secondary examination under Article 4-3 (2) of the Act; hereinafter the same shall apply); |
| 6. | Other matters necessary for conducting the examination. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 3 (Subjects of, and Methods for, Conducting Examinations) |
| (1) | The subjects of the preliminary examination and secondary examination shall be as specified in attached Table 1, and English among the subjects of the preliminary examination shall be substituted by the English proficiency tests listed in attached Table 2. |
| (2) | The preliminary examination shall be a written, multiple-choice test, while the secondary examination shall be an essay-type test. |
| (3) | No person who fails to pass the preliminary examination shall sit for the secondary examination: Provided, That the foregoing shall not apply to persons exempt from the preliminary examination. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 3-2 (Base Date for Calculation of Period of Service) |
For the purposes of Article 4-3 (1) or (2) of the Act, the date of the relevant secondary examination (referring to the first date, if the examination is conducted over several days) shall be deemed the base date for the calculation of the period of service. [This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 3-2 (Partial Exemption from Examination) |
| (1) | For the purposes of Article 4-3 (1) or (2) of the Act, the date of the relevant secondary examination (referring to the first date, if the examination is conducted over several days) shall be deemed the base date for the calculation of the period of service. |
[This Article Wholly Amended by Presidential Decree No. 28275, Sep. 5, 2017]
<<Enforcement Date: Sep. 6, 2020>> Article 3-2
| Article 4 (Standards for Determining Success or Failure in Examinations) |
| (1) | In the preliminary examination, examinees who obtain higher total scores across all subjects shall be determined as successful examinees, considering the results of examination, and the number of examinees, from among the persons who have obtained a threshold score for the English proficiency tests listed in attached Table 2 and at least 40 points in each subject, but at least an average of 60 points for all subjects, excluding English, out of a full score of 100 points for each subject. |
| (2) | In the secondary examination, persons who have scored at least 50 points for each optional subject under attached Table 1 (hereinafter referred to as “optional subject”), and at least 40 points for each compulsory subject under the same Table (hereinafter referred to as “compulsory subject”), but at least an average 60 points for all compulsory subjects, out of a full score of 100 points for each subject, shall be determined as successful examinees: Provided, That if the number of persons who have obtained at least an average 60 points for all subjects does not exceed the minimum number of successful examinees referred to in Article 2-2 (2) 5, persons who have scored the highest average points of all subjects, from among those who have obtained at least 40 points for each subject, shall be determined as successful examinees. <Amended by Presidential Decree No. 25877, Dec. 23, 2014; Presidential Decree No. 28275, Sep. 5, 2017> |
| (3) | In cases of persons exempt from some subjects of the secondary examination under Article 4-3 (2) of the Act, persons whose average points for the subjects for which they have taken the examination are not lower than the points of successful examinees just above the cut-off line under paragraph (2), among persons who have obtained at least 40 points for each subject, out of a full score of 100 points for each subject, shall be determined as successful examinees. <Amended by Presidential Decree No. 25877, Dec. 23, 2014> |
| (4) | For the purposes of determining successful examinees under the proviso to paragraph (2), persons who have obtained the same points above the cut-off line shall be determined as successful examinees, if the number of successful examinees exceed the minimum number of successful examinees specified in Article 2-2 (2) 5 because of such persons who have obtained the same points. In such cases, the points of examinees who have obtained the same points shall be calculated only to two decimal places (all digits beginning from the third decimal place shall be omitted). <Amended by Presidential Decree No. 28275, Sep. 5, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 4 (Standards for Determining Success or Failure in Examinations) |
| (1) | In the preliminary examination, examinees who obtain higher total scores across all subjects shall be determined as successful examinees, considering the results of examination, and the number of examinees, from among the persons who have obtained a threshold score for the English proficiency tests listed in attached Table 2 and at least 40 points in each subject, but at least an average of 60 points for all subjects, excluding English, out of a full score of 100 points for each subject. |
| (2) | In the secondary examination, persons who have scored at least 50 points for each optional subject under attached Table 1 (hereinafter referred to as “optional subject”), and at least 40 points for each compulsory subject under the same Table (hereinafter referred to as “compulsory subject”), but at least an average 60 points for all compulsory subjects, out of a full score of 100 points for each subject, shall be determined as successful examinees: Provided, That if the number of persons who have obtained at least an average 60 points for all subjects does not exceed the minimum number of successful examinees referred to in Article 2-2 (2) 5, persons who have scored the highest average points of all subjects, from among those who have obtained at least 40 points for each subject, shall be determined as successful examinees. <Amended by Presidential Decree No. 25877, Dec. 23, 2014; Presidential Decree No. 28275, Sep. 5, 2017> |
| (3) | In cases of persons exempt from some subjects of the secondary examination under Article 4-3 (2) of the Act, persons falling under the following shall be determined as successful examinees: <Amended by Presidential Decree No. 28275, Sep. 5, 2017> |
| 1. | Where taking the examination in two compulsory subjects including the Patent Act: Persons whose average score for the subjects for which they have taken the examination are at least 60 points (where determining successful examinees in accordance with the proviso to paragraph (2), this refers to the average score of compulsory subjects of the lowest-ranking successful examinee), among persons who have obtained at least 40 points for each subject, out of a full score of 100 points for each subject; |
| 2. | Where taking the examination in one optional subject with the Patent Act: Persons whose average score for the Patent Act are at least 60 points (where determining successful examinees in accordance with the proviso to paragraph (2), this refers to the average score of compulsory subjects of the lowest-ranking successful examinee), among persons who have obtained at least 50 points for an optional subject, out of a full score of 100 points for each subject. |
| (4) | For the purposes of determining successful examinees under the proviso to paragraph (2), persons who have obtained the same points above the cut-off line shall be determined as successful examinees, if the number of successful examinees exceed the minimum number of successful examinees specified in Article 2-2 (2) 5 because of such persons who have obtained the same points. In such cases, the points of examinees who have obtained the same points shall be calculated only to two decimal places (all digits beginning from the third decimal place shall be omitted). <Amended by Presidential Decree No. 28275, Sep. 5, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
<<Enforcement Date: Sep. 6, 2020>> Article 4 (3)
| Article 5 (Application Fees) |
| (1) | Application fees to be paid under Article 4-2 (4) of the Act (hereinafter referred to as "application fees") shall be as follows: Provided, That the total sum of application fees for the preliminary and secondary examinations until December 31, 2015 shall be 30,000 won: <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| 1. | Preliminary examination: 50,000 won; |
| 2. | Secondary examination: 50,000 won. |
| (2) | Application fees shall be paid in cash or by means of electronic cash or electronic payment through an information and communications network. <Newly Inserted by Presidential Decree No. 25122, Jan. 28, 2014> |
| (3) | In any of the following cases, the Commissioner of the Korean Intellectual Property Office shall fully or partially refund application fees paid under paragraph (2): <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| 1. | Overpaid or erroneously paid application fees: The full amount of application fees overpaid or erroneously paid; |
| 2. | If an applicant fails to take an examination for reasons attributable to the examination agency: The full application fees; |
| 3. | If an application is withdrawn during the period for submitting applications: The full application fees; |
| 4. | If an application is withdrawn between the day immediately following the deadline for submitting applications and ten days before the date of the preliminary examination: 50/100 of the application fees. |
| (4) | The procedure and method for refunding application fees and other matters shall be prescribed in the public notice of each examination under Article 2-2 (2). <Amended by Presidential Decree No. 25122, Jan. 28, 2014; Presidential Decree No. 28275, Sep. 5, 2017> |
| (5) | No detail in an application, including elective subjects and details of subjects applied for exemption, shall be altered after the application is submitted. <Amended by Presidential Decree No. 25122, Jan. 28, 2014; Presidential Decree No. 25877, Dec. 23, 2014> |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 6 (Public Announcement of Successful Examinees and Individual Notifications) |
When successful examinees are determined, the Commissioner of the Korean Intellectual Property Office shall, without delay, publicly announce the roll of the successful examinees through the Official Gazette or on its website, and notify each successful examinee of his/her results individually. <Amended by Presidential Decree No. 28275, Sep. 5, 2017>
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Articles 7 and 8 Deleted. <by Presidential Decree No. 25122, Jan. 28, 2014> |
| Article 9 (Notice of Sanctions for Cheating in Examination) |
When the Commissioner of the Korean Intellectual Property Office intends to impose a sanction, under Article 4-5 of the Act, against a person who has engaged in cheating behavior during an examination, he/she shall, without delay, notify the person subject to the sanction thereof. [This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 10 (Registration) |
| (1) | A person who intends to file for registration as a patent attorney in accordance with Article 5 (1) of the Act shall file an application for registration with the Commissioner of the Korean Intellectual Property Office, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24439, Mar. 23, 2013> |
| (2) | Upon receipt of an application for registration under paragraph (1), the Commissioner of the Korean Intellectual Property Office shall register the applicant in the Register of Patent Attorneys and issue a certificate of registration to the applicant without delay, if he/she has no ground to refuse the registration of the applicant under Article 5-2 (1) or (2) of the Act. |
| (3) | When any change is made to any matters registered under paragraph (2), the relevant patent attorney shall notify the Commissioner of the Korean Intellectual Property Office of such change without delay. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 11 (Public Notification) |
When the Commissioner of the Korean Intellectual Property Office decides to register, or revoke the registration of, a patent attorney, he/she shall give public notice of such fact.
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 12 Deleted. <by Presidential Decree No. 27466, Aug. 29, 2016> |
| Article 13 (Establishment of Offices) |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 14 (Authorization for Incorporation of Patent Firms) |
| (1) | A person who intends to obtain authorization to incorporate a patent firm under Article 6-3 (2) of the Act shall file an application for authorization for incorporation of the firm with the Commissioner of the Korean Intellectual Property Office, with its articles of incorporation. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| (2) | Upon receipt of an application for authorization for incorporation of a firm under paragraph (1), the Commissioner of the Korean Intellectual Property Office shall verify whether the patent attorneys to become partners are registered in the Register of Patent Attorneys or may require the applicant to submit copies of certificates of registration of the patent attorneys, if it is impracticable to verify the relevant facts. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| (3) | When the Commissioner of the Korean Intellectual Property Office authorizes an applicant to incorporate a patent firm, he/she shall enter the relevant facts in the Register of Authorization for Firms and issue a certificate of authorization for incorporation of the patent firm to the applicant, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24439, Mar. 23, 2013, Presidential Decree No. 25122, Jan. 28, 2014> |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 15 (Applications for Approval to Amend Articles of Incorporation of Patent Firms) |
| (1) | A person who intends to obtain approval to amend articles of incorporation under the second sentence of Article 6-3 (2) of the Act shall file an application for approval with the Commissioner of the Korean Intellectual Property Office, with the following documents: |
| 1. | A document stating the details of the amendment to articles of incorporation and the grounds for such amendment; |
| 2. | The draft of the amended articles of incorporation. |
| (2) | When the Commissioner of the Korean Intellectual Property Office approves an amendment to articles of incorporation, he/she shall enter the relevant facts in the Register of Authorization for Firms. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 16 (Registration of Patent Firms) |
| (1) | A patent firm shall complete registration for incorporation at the seat of its principal place of business within three weeks after obtaining authorization for incorporation. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| (2) | An application for registration under paragraph (1) shall be filed with the following documents: <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| 1. | Articles of incorporation; |
| 2. | A certificate of authorization for incorporation of the patent firm. |
| (3) | When a patent firm becomes registered for incorporation under paragraph (1), it shall notify the Commissioner of the Korean Intellectual Property Office of the fact. In such cases, the Commissioner of the Korean Intellectual Property Office shall verify the corporate registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 16-2 (Authorization for Incorporation of Limited Liability Patent Firms) |
| (1) | A person who intends to obtain authorization to incorporate a limited liability patent firm under the first sentence of Article 6-12 (2) of the Act shall file an application for authorization for incorporation of the firm with the Commissioner of the Korean Intellectual Property Office, with the following documents: |
| 1. | Articles of incorporation; |
| 2. | The following documents evidencing the payment of equity capital: |
| (a) | Investment in cash: A certificate of payment of equity capital issued by a bank defined in the Banking Act or any other financial institution; |
| (b) | Investment in kind: A document evidencing the completion of investment in kind and an appraisal report issued by an officially recognized appraisal agency. |
| (2) | Upon receipt of an application for authorization for incorporation of a firm under paragraph (1), the Commissioner of the Korean Intellectual Property Office shall verify whether the patent attorneys to become partners are registered in the Register of Patent Attorneys or may require the applicant to submit copies of certificates of registration of the patent attorneys, if it is impracticable to verify the relevant facts. |
| (3) | When the Commissioner of the Korean Intellectual Property Office authorizes an applicant to incorporate a limited liability patent firm, he/she shall enter the relevant facts in the Register of Authorization for Firms and issue a certificate of authorization for incorporation of the limited liability patent firm to the applicant, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
[This Article Newly Inserted by Presidential Decree No. 25122, Jan. 28, 2014]
| Article 16-3 (Restrictions on Investment of Limited Liability Patent Firms in Other Corporations) |
| (1) | The total sum of investments in other corporations or debt guarantees provided for a third person by a limited liability patent firm under Article 6-17 (1) of the Act shall not exceed an amount equivalent to 25/100 of its equity capital referred to in the first sentence of Article 6-17 (2) of the Act (hereafter referred to as "equity capital" in this Article). In such cases, the amount of debt guarantees provided for other persons shall not exceed the value equivalent to 10/100 of its equity capital. |
| (2) | If the amount calculated by subtracting the professional indemnity reserve from the equity capital of a limited liability patent firm exceeds 300 million won, the limited liability patent firm may invest an amount calculated by the following formula, in other corporations in addition to the value equivalent to 25/100 of its equity capital, notwithstanding paragraph (1): |
[(Equity capital - Professional liability reserve) - 300 million won] x 50/100
[This Article Newly Inserted by Presidential Decree No. 25122, Jan. 28, 2014]
| Article 16-4 (Accumulation of Professional Indemnity Reserve of Limited Liability Patent Firms) |
| (1) | Pursuant to Article 6-18 (1) of the Act, a limited liability patent firm shall accumulate an amount equivalent to 2/100 of its gross turnover in each business year as a professional indemnity reserve in each business year or shall subscribe to an indemnity insurance policy within one month from the date of registration for its incorporation. |
| (2) | The maximum amount of damages covered by an indemnity insurance policy under paragraph (1) shall be 100 million won per claim, and the maximum amount of damages covered by the indemnity insurance policy in each year shall be at least an amount calculated by multiplying 100 million won by the number of partners and associate partners, or one billion won. |
| (3) | Each limited liability patent firm shall accumulate the professional indemnity reserve under paragraph (1) until the reserve reaches an amount equivalent to 10/100 of the average gross turnover for the two immediately preceding business years and the pertinent business year. |
| (4) | When a limited liability patent firm recovers an amount disbursed from the professional indemnity reserve by exercising the right to reimburse the amount against a partner, an associate patent attorney referred to in Article 6-4 (2) of the Act (hereinafter referred to as “associate patent attorney”), or an employee, it shall transfer the amount recovered into the professional indemnity reserve. |
| (5) | As regards the maximum coverage of the indemnity insurance under paragraph (2), each limited liability patent firm shall ensure that the amount after subtracting damages paid from the maximum amount of damages covered in each year, shall be at least 300 million won, and shall increase the amount to at least 300 million won within one month from the date on such amount falls short of 300 million won. |
| (6) | When a limited liability patent firm subscribes to an indemnity insurance policy in accordance with paragraph (1), it shall notify the chairperson of the Korea Patent Attorneys Association under Article 9 of the Act (hereinafter referred to as the "Patent Attorneys Association") thereof, with evidentiary documents. |
[This Article Newly Inserted by Presidential Decree No. 25122, Jan. 28, 2014]
| Article 16-5 (Provisions Applicable Mutatis Mutandis) |
| (1) | Article 16-2 shall apply mutatis mutandis to the conversion of a patent firm into a limited liability patent firm under Article 6-10 of the Act. In such case, "former part of Article 6-12 (2) of the Act" in Article 16-2 shall be construed as "Article 6-10 (1) of the Act," and "person who intends to obtain authorization to incorporate a limited liability patent firm" in the same Article as "person who intends to convert a patent firm into a limited liability patent firm," respectively. |
| (2) | Articles 15 and 16 shall apply mutatis mutandis to applications for approval to amend articles of incorporation of a limited liability patent firm under the latter part of Article 6-12 (2) of the Act and registration under Article 6-12 (6). In such cases, "Article 6-3 (2) of the Act" in Article 15 shall be construed as "Article 6-12 (2) of the Act," and "patent firm" in the same Article and Article 16 as "limited liability patent firm," respectively. <Amended by Presidential Decree No. 28275, Sep. 5, 2017> |
[This Article Newly Inserted by Presidential Decree No. 25122, Jan. 28, 2014]
| Article 17 (Organizational Structure of Patent Attorneys Association) |
| (1) | The Patent Attorneys Association shall have a general assembly and a board of directors. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| (2) | The following matters shall be subject to resolution by the general assembly: |
| 1. | Amendments to the rules of the Patent Attorneys Association under Article 10 (1) of the Act (hereafter referred to as the "Rules of the Association"); |
| 2. | Budgets and settlement of accounts; |
| 3. | Other matters deemed necessary by the board of directors or the chairperson of the Patent Attorneys Association. |
| (3) | The board of directors shall pass resolutions on important matters relating to the administrative affairs of the Patent Attorneys Association. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 17-2 (Executive Officers) |
| (1) | The Patent Attorneys Association shall have the following executive officers: |
| 2. | Up to seven vice-chairpersons; |
| 3. | Up to fourteen directors; |
| (2) | One of the vice-chairpersons, among the executive officers referred to in paragraph (1), may be appointed as a full-time executive officer. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 17-3 (Matters to Be Prescribed by Rules of Association) |
Rules of the Association shall prescribe the following: <Amended by Presidential Decree No. 25122, Jan. 28, 2014>
| 1. | The name and place of business; |
| 2. | Matters concerning the composition, authority, and meetings of the general assembly, the board of directors, and other organizations; |
| 3. | Matters concerning the establishment of branches or chapters of the Association; |
| 4. | Matters concerning membership fees; |
| 5. | Matters concerning assets and accounting; |
| 6. | Matters concerning guidance, supervision, and training of members; |
| 7. | Matters concerning recommendation of disciplinary action against a member who falls under a ground for disciplinary action under Article 17 (1) of the Act. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 17-4 (Scope and Methods of Disclosure of Information) |
| (1) | The scope of information to be disclosed under Article 14 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 27466, Aug. 29, 2016> |
| 3. | Information about offices; |
| 4. | Type of qualification, and the date of acquisition of qualification; |
| 5. | Date of registration of each patent attorney; |
| 6. | Whether a patent attorney is practicing, and the date of commencement or suspension of practice; |
| 7. | Information evidencing the specialized field, major, department, degree, career, etc.; |
| 9. | Other information related to the appointment of a patent attorney and disclosed by each patent attorney, such as educational background. |
| (2) | The information specified in paragraph (1) shall be published on the website of the Patent Attorneys Association. |
| (3) | Procedures for collecting and updating the information specified in paragraph (1) and other matters necessary for disclosing information shall be prescribed by the Patent Attorneys Association. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 17-5 (Number of Hours of Training) |
| (1) | The minimum number of hours of training shall be 24 hours for every two years, including a two-hour course of professional ethics. In such cases, the number of hours of training courses that a patent attorney fails to attend shall be added to the number of hours of training courses that he/she must attend during the following two-year period. |
| (2) | "Any case prescribed by Presidential Decree, if a patent attorney cannot undergo training due to a disease, suspension of business, etc." in the proviso to Article 15 (1) of the Act means any of the following: |
| 1. | Where the patent attorney has good cause making it impossible to undergo training, such as suspension of business; |
| 2. | Where the patent attorney is unable to practice ordinarily due to a disease, injury, childbirth, military service, long-term overseas stay, etc.; |
| 3. | Where prescribed by the Patent Attorneys Association as it finds that a patent attorney is incapable of undergoing training due to senility. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 18 (Patent Attorney Qualification and Disciplinary Committee) |
| (1) | The term of members commissioned by the Commissioner of the Korean Intellectual Property Office pursuant to Article 16 (3) of the Act (hereinafter referred to as "commissioned members") for the Patent Attorney Qualification and Disciplinary Committee under Article 16 of the Act (hereinafter referred to as the "Committee") shall be two years. <Newly Inserted by Presidential Decree No. 25122, Jan. 28, 2014> |
| (2) | Commissioned members shall consist of a majority of all committee members. <Newly Inserted by Presidential Decree No. 25122, Jan. 28, 2014> |
| (3) | In order to conduct administrative affairs, the Committee shall have a secretary appointed by the Commissioner of the Korean Intellectual Property Office from among public officials of the Korean Intellectual Property Office. <Newly Inserted by Presidential Decree No. 25122, Jan. 28, 2014> |
| (4) | Meetings of the Committee shall be convened by the chairperson of the Committee. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| (5) | When the chairperson of the Committee intends to convene a meeting, he/she shall notify each committee member of the date, time, and venue of the meeting and agenda items, by not later than seven days before the meeting. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| (6) | Except as otherwise expressly provided for in this Decree, matters necessary for the operation of the Committee, etc. shall be determined by the chairperson, subject to resolution thereon by the Committee. <Newly Inserted by Presidential Decree No. 25122, Jan. 28, 2014> |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 18-2 (Abstention, Challenge, or Withdrawal) |
| (1) | In any of the following cases, a member of the Committee (hereinafter referred to as "committee member") shall abstain from deliberation and resolution by the Committee on any matter relating to disciplinary action against a patent attorney: <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| 1. | If the committee member, him/herself, is the patent attorney subject to disciplinary resolution; |
| 2. | If the committee member is a current or former relative of the patent attorney subject to disciplinary resolution; |
| 3. | If the committee member belongs to the institution, organization, or office to which the patent attorney subject to disciplinary resolution belongs. |
| (2) | If the patent attorney subject to disciplinary resolution has any ground to believe that it is impracticable to expect impartiality from a committee member in deliberation and resolution, the patent attorney may file a challenge against the committee member with the Committee, and the Committee shall make a decision thereon by resolution. No committee member subject to challenge shall participate in a resolution. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| (3) | If a committee member finds that he/she is subject to abstention under any of the grounds referred to in paragraph (1), he/she shall voluntarily withdraw him/herself from deliberating and passing any resolution on the agenda item at issue. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 18-3 (Removal or Dismissal of Committee Members) |
In any of the following cases, the Commissioner of the Korean Intellectual Property Office may remove or dismiss a committee member from office:
| 1. | If a committee member is unable to perform his/her duties due to a mental or physical disorder; |
| 2. | If a committee member is found incompetent to serve on the Committee due to neglect of duties or loss of dignity, or on any other ground; |
| 3. | If a committee member fails to voluntarily withdraw him/herself from deliberating and passing any resolution on the agenda item at issue, although he/she is subject to abstention under any subparagraph of Article 18-2 (1). |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 19 Deleted. <by Presidential Decree No. 25122, Jan. 28, 2014> |
| Article 20 (Oral Statements and Submission of Documents for Examination) |
| (1) | When the chairperson of the Committee deems it necessary for making a disciplinary resolution, he/she may require the party to the case or any stakeholder or institution involved to make oral statements or submit documents for examination. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
| (2) | Prior to making a disciplinary resolution, the chairperson of the Committee shall give opportunities to the patent attorney subject to the disciplinary action to submit written statements to the Committee or appear before the Committee to make oral statements: Provided, That the foregoing shall not apply where the patent attorney subject to the disciplinary action fails to do so, without good cause. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 21 (Individual and Public Notifications of Decisions on Disciplinary Resolution) |
When the Committee makes a disciplinary resolution, the Commissioner of the Korean Intellectual Property Office shall notify the parties thereof without delay, clearly stating the grounds therefor, and shall give public notice thereof through the Official Gazette or its website. <Amended by Presidential Decree No. 25122, Jan. 28, 2014; Presidential Decree No. 28275, Sep. 5, 2017>
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 22 (Decisions to Suspend Qualifications) |
The Committee shall obtain consent from at least 2/3 of all incumbent committee members in making a decision to suspend a qualification under Article 18 (1) of the Act. <Amended by Presidential Decree No. 25122, Jan. 28, 2014> [This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 22-2 (Processing of Sensitive Information and Personally Identifiable Information) |
The Commissioner of the Korean Intellectual Property Office or the Patent Attorneys Association may process information that constitutes criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act, or data containing resident registration numbers or foreigner registration numbers referred to in subparagraph 1 or 4 of Article 19 of the aforesaid Decree if inevitable to conduct any of the following administrative affairs: <Amended by Presidential Decree No. 25122, Jan. 28, 2014; Presidential Decree No. 28275, Sep. 5, 2017> | 5. | Administrative affairs relating to the conversion of a patent firm into a limited liability patent form under Article 6-10 of the Act; |
| 6. | Administrative affairs relating to membership of the Patent Attorneys Association under Article 11 of the Act; |
| 7. | Administrative affairs relating to disclosure of information about patent attorneys under Article 14 of the Act; |
| 9. | Administrative affairs relating to disciplinary action against patent attorneys under Article 17 of the Act. |
[This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 22-3 (Re-Examination of Regulation) |
The Commissioner of the Korean Intellectual Property Office shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
| 1. | Procedures for applying for registration of patent attorneys under Article 10: January 1, 2014; |
| 2. | Standards for establishment of office under Article 13: January 1, 2019; |
| 3. | Standards for restricting a (limited liability) patent firm from investing in other corporations under Article 16-3: January 1, 2019. |
[This Article Wholly Amended by Presidential Decree No. 29421, Dec. 24, 2018]
| Article 23 (Guidelines for Imposition of Administrative Fines) |
Guidelines for imposition of administrative fines under Article 27 (2) of the Act shall be as prescribed in attached Table 3. [This Article Wholly Amended by Presidential Decree No. 24280, Dec. 28, 2012]
| Article 24 (Entrustment of Administrative Affairs) |
Pursuant to Article 28 of the Act, the Commissioner of the Korean Intellectual Property Office shall entrust the following administrative affairs to the Patent Attorneys Association: | 3. | Receipt of applications for authorization for incorporation of limited liability patent firms, or for conversion into a limited liability patent firm under Article 16-2 (1) or 16-5 (1); |
| 4. | Receipt of applications for approval of amendments to articles of incorporation of limited liability patent firms under Article 16-5 (2). |
[This Article Newly Inserted by Presidential Decree No. 25122, Jan. 28, 2014]
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2000: Provided, That the amended provisions of Article 4 shall enter into force on January 1, 2002. |
| (2) | (Applicability concerning Alteration of Examination Subjects) The subjects of an examination for patent attorneys shall be governed by attached Table 2 until December 31, 2001 notwithstanding the provisions of Article 3. |
| (3) | (Applicability concerning Determination of Successful Test-Takers) The determination of successful test-takers in an examination for patent attorneys shall be governed by the previous provisions of Article 10 until December 31, 2001. |
ADDENDUM <Presidential Decree No. 17551, Mar. 25, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18387, May 10, 2004>
This Decree shall enter into force on January 1, 2005.
ADDENDA <Presidential Decree No. 18903, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 19170, Dec. 9, 2005>
This Decree shall enter into force on January 1, 2006: Provided, That the amended provisions of attached Tables 1 and 2 (previous attached Table 1-2) shall enter into force on January 1, 2008.
ADDENDA <Presidential Decree No. 19495, May 30, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on June 4, 2006. |
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20437, Dec. 7, 2007>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 2 shall enter into force on January 1, 2008.
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.
ADDENDUM <Presidential Decree No. 21604, Jul. 1, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22789, Mar. 30, 2011>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 2 shall enter into force on January 1, 2014.
ADDENDUM <Presidential Decree No. 23280, Nov. 1, 2011>
This Decree shall enter into force on November 25, 2011.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
The provisions amending the deadline for public announcement of examinations, etc., in this Decree shall apply to examinations conducted on or after January 1, 2013.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 24280, Dec. 28, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24439, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25122, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 31, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25877, Dec. 23, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2015: Provided, That the amendments to Article 4 (2) and (3) shall enter into force on November 1, 2017, and the amendments to the attached Table 2 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Standards for Pass)
Notwithstanding Article 4 (2) and (3), the previous provisions shall apply to the standards for pass in patent attorney examination administered in 2017.
ADDENDUM <Presidential Decree No. 27466, Aug. 29, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28275, Sep. 5, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to Article 4 (2) and (4) shall enter into force on November 1, 2017; and the amendments to Articles 3-2 and 4 (3) and the attached Table 1 shall enter into force three years after the date of the promulgation. Article 2 (Transitional Measures concerning Examination Subjects and Standards for Pass)
Notwithstanding Articles 3-2 (2) and 4 (3) and the attached Table 1, the previous provisions of Article 4 (3) and attached Table 1 shall apply to subjects and passing standards of patent attorney examination administered in 2020.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDUM <Presidential Decree No. 29448, Dec. 31, 2018>
This Decree shall enter into on the date of its promulgation: Provided, That the amended provisions of subparagraph 6 of attached Table 2 shall enter into force on January 1, 2020.