Statutes of the Republic of Korea

No. 11848
Promulgation Date 2013-05-28
Korean Intellectual Property Office

ALL

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

Article 2 (Definitions)

Article 3 (Capacity of Minors, etc.)

Article 4 (Associations, etc. which are not Juristic Persons)

Article 5 (Patent Administrators for Overseas Residents)

Article 6 (Scope of Agency Authority)

Article 7 (Proof of Agency Authority)

Article 7-2 (Ratification of Acts by Persons Lacking Capacity, etc.)

Article 8 (Non-extinction of Agency Authority)

Article 9 (Individual Representation)

Article 10 (Agent Replacement, etc.)

Article 11 (Representation of Two or More Persons)

Article 12 (Application Mutatis Mutandis of the Civil Procedure Act)

Article 13 (Venue of Overseas Residents)

Article 14 (Calculation of Periods)

Article 15 (Extension, etc. of Periods)

Article 16 (Invalidation of Procedure)

Article 17 (Subsequent Completion of Procedure)

Article 18 (Succession of Procedural Effects)

Article 19 (Continuation of Procedure)

Article 20 (Interruption of Procedure)

Article 21 (Resumption of Interrupted Procedure)

Article 22 (Request for Resumption)

Article 23 (Suspension of Procedure)

Article 24 (Effects of Interruption or Suspension)

Article 25 (Capacity of Foreigners)

Article 26 Deleted.

Article 27 Deleted.

Article 28 (Effective Date of Submission of Documents)

Article 28-2 (Entry of Identification Number)

Article 28-3 (Procedure for Filing Patent Applications by Electronic Documents)

Article 28-4 (Report on Use of Electronic Documents and Electronic Signature)

Article 28-5 (Notification, etc. through Information and Communication Networks)

CHAPTER II REQUIREMENTS FOR PATENT REGISTRATION AND PATENT APPLICATION

Article 29 (Requirements for Patent Registration)

Article 30 (Inventions not Deemed to be Publicly Known, etc.)

Article 31 Deleted.

Article 32 (Unpatentable Inventions)

Article 33 (Persons Entitled to Obtain Patent)

Article 34 (Patent Application Filed by Unentitled Person and Protection of Lawful Holder of Right)

Article 35 (Patent Granted to Unentitled Person and Protection of Lawful Holder of Right)

Article 36 (First-to-File Rule)

Article 37 (Transfer, etc. of Right to Obtain Patent)

Article 38 (Succession to Right to Obtain Patent)

Articles 39 and 40 Deleted.

Article 41 (Inventions, etc. Necessary for National Defense)

Article 42 (Patent Applications)

Article 43 (Abstract)

Article 44 (Joint Applications)

Article 45 (Scope of Patent Application)

Article 46 (Amendment to Procedure)

Article 47 (Amendment to Patent Application)

Article 48 Deleted.

Article 49 Deleted.

Article 50 Deleted.

Article 51 (Dismissal of Amendment)

Article 52 (Divisional Patent Application)

Article 53 (Converted Application)

Article 54 (Priority Claim Under Treaty)

Article 55 (Priority Claim Based on Patent Application, etc.)

Article 56 (Withdrawal, etc. of Earlier Application)

CHAPTER III EXAMINATION

Article 57 (Examination by Examiners)

Article 58 (Search, etc. for Prior Art)

Article 58-2 (Cancellation of Designation of Specialized Institutions)

Article 59 (Request for Examination of Patent Application)

Article 60 (Procedure for Request for Examination)

Article 61 (Accelerated Examination)

Article 62 (Decision to Reject Patent Application)

Article 63 (Notice of Grounds for Rejection)

Article 63-2 (Furnishing of Information concerning Patent Applications)

Article 64 (Laying-Open of Applications)

Article 65 (Effects of Laying-Open of Application)

Article 66 (Decision to Grant Patent)

Article 66-2 (Ex Officio Amendment, etc.)

Article 67 (Formalities for Decision of Patentability)

Article 67-2 (Request for Re-examination)

Article 67-3 (Restoration of Patent Application)

Article 68 (Mutatis Mutandis Application of Provisions concerning Trial to Examination)

Articles 69 through 77 Deleted.

Article 78 (Suspension of Examination or Litigation Procedures)

Article 78-2 Deleted.

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, etc. of Patent Fees)

Article 81-2 (Remainder Payment)

Article 81-3 (Restoration, etc. of Patent Application or Patent Right through Late Patent Fee Payment or Remaining Patent Fee Payment)

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 Patent Registration Certificate)

CHAPTER V PATENT RIGHT

Article 87 (Registration of Establishment of Patent Right and Publication of Registration)

Article 88 (Term of Patent Right)

Article 89 (Extension of Term of Patent Right by Permit, etc)

Article 90 (Applications to Register Extension of Term of Patent Right by Permit, etc.)

Article 91 (Decision of Rejecting Application to Register Extension of Term of Patent Right by Permit, etc)

Article 92 (Decision, etc. to Register Extension of Term of Patent Right by Permit, etc)

Article 92-2(Extension of Term of Patent Right Following Delayed Registration)

Article 92-3 (Application to Register Extension of Term of Patent Right Following Delayed Registration)

Article 92-4 (Decision to Reject Application to Register Extension of Term of Patent Right Following Delayed Registration)

Article 92-5 (Decision, etc to Register Extension of Term of Patent Right Following Delayed Registration)

Article 93 (Provisions Applicable Mutatis Mutandis)

Article 94 (Effects of Patent Right)

Article 95 (Effects of Patent Right with its Term Extended by Permit, etc)

Article 96 (Limitations on Patent Rights)

Article 97 (Scope of Protection of Patented Invention)

Article 98 (Relation to Patented Invention, etc. of Another Person)

Article 99 (Transfer and Joint Ownership of Patent Right)

Article 100 (Exclusive License)

Article 101 (Effects of Registration of Patent Right and Exclusive License)

Article 102 (Non-exclusive License)

Article 103 (Non-exclusive License by Prior Use)

Article 104 (Non-exclusive License due to Working prior to Registration of Request for Invalidation Trial)

Article 105 (Non-exclusive License after Expiration of Design Right)

Article 106 (Expropriation of Patent Rights)

Article 106-2 (Working of Patented Invention by Government, etc.)

Article 107 (Adjudication for Grant of Non-exclusive License)

Article 108 (Submission of Response)

Article 109 (Hearing of Opinions from Intellectual Property Rights Dispute Coordination Committee and Heads of Related Ministries)

Article 110 (Formalities, etc. of Adjudications)

Article 111 (Service of Certified Copies of Adjudication)

Article 111-2 (Alteration of Written Adjudication)

Article 112 (Deposit of Consideration)

Article 113 (Lapse of Adjudication)

Article 114 (Cancellation of Adjudication)

Article 115 (Restriction on Reason for Objections to Adjudication)

Article 116 Deleted.

Article 117 Deleted.

Article 118 (Effects of Registration of Non-exclusive License)

Article 119 (Restriction on Abandonment of Patent Right, etc.)

Article 120 (Effects of Abandonment)

Article 121 (Pledge)

Article 122 (Non-exclusive License Incidental to Transfer of Patent Right by Exercise of Pledge Right)

Article 123 (Subrogation of Pledge)

Article 124 (Extinguishment of Patent Right in Absence of Successor)

Article 125 (Report on Working of Patent)

Article 125-2 (Title of Execution on Amount of Compensation and Consideration)

CHAPTER VI PROTECTION OF PATENTEES

Article 126 (Right to Seek Injunction, etc. against Infringement)

Article 127 (Acts Deemed to be Infringement)

Article 128 (Presumption, etc. of Amount of Losses)

Article 129 (Presumption of Manufacturing Process)

Article 130 (Presumption of Negligence)

Article 131 (Recovery of Reputation of Patentee, etc.)

Article 132 (Submission of Documents)

CHAPTER VII TRIAL

Article 132-2 (Intellectual Property Tribunal)

Article 132-3 (Trial against Decision to Reject Patent Application, etc.)

Article 132-4 Deleted.

Article 133 (Invalidation Trial of Patent)

Article 133-2 (Correction of Patent during Invalidation Trial of Patent)

Article 134 (Invalidation Trial of Registration for Extension of Term of Patent Right)

Article 135 (Trial to Confirm Scope of Patent Right)

Article 136 (Trial for Correction)

Article 137 (Trial for Invalidation of Correction)

Article 138 (Trial for Granting Non-exclusive License)

Article 139 (Request, etc. for Joint Trial)

Article 140 (Formal Requirements for Requesting Trial)

Article 140-2 (Formal Requirements for Requesting Trial to Appeal Decision to Reject Patent Application)

Article 141 (Rejection of Request for Trial)

Article 142 (Dismissal of Request for Trial containing Incurable Defects by Trial Decision)

Article 143 (Administrative Patent Judges)

Article 144 (Designation of Administrative Patent Judges)

Article 145 (Presiding Administrative Patent Judge)

Article 146 (Board for Trial)

Article 147 (Submission of Written Response, etc.)

Article 148 (Exclusion of Administrative Patent Judges)

Article 149 (Request for Exclusion)

Article 150 (Challenge of Administrative Patent Judges)

Article 151 (Indication of Grounds for Exclusion or Challenge)

Article 152 (Decision on Petition for Exclusion or Challenge)

Article 153 (Suspension of Proceedings)

Article 153-2 (Avoidance of Administrative Patent Judges)

Article 154 (Trial Proceedings, etc.)

Article 155 (Intervention)

Article 156 (Request for Intervention and Ruling thereon)

Article 157 (Taking and Preserving Evidence)

Article 158 (Continuation of Trial Proceedings)

Article 159 (Ex Officio Trial Examination)

Article 160 (Joint or Separate Conduct of Trial Proceedings or Trial Decisions)

Article 161 (Withdrawal of Request for Trial)

Article 162 (Trial Decisions)

Article 163 (Res Judicata)

Article 164 (Relations to Litigation)

Article 165 (Costs of Trial)

Article 166 (Title of Enforcement of Trial Costs or Consideration)

Articles 167 through 169 Deleted.

Article 170 (Mutatis Mutandis Application of Provisions on Examination to Trial against Decision to Reject Patent Application)

Article 171 (Special Provisions of Trial against Decision to Reject Patent Application)

Article 172 (Effect of Examination Proceedings)

Articles 173 through 175 Deleted.

Article 176 (Cancellation of Decision to Reject Patent Application, etc.)

Article 177 Deleted.

CHAPTER Ⅷ RETRIAL

Article 178 (Request for Retrial)

Article 179 (Request for Retrial on Trial Decision on Fraudulent Acts)

Article 180 (Period for Requesting Retrial)

Article 181 (Restriction on Effects of Patent Rights Restored by Retrial)

Article 182 (Non-exclusive License for Prior User of Patent Right Restored through Retrial)

Article 183 (Non-exclusive License for Person Deprived of Non-exclusive License by Retrial)

Article 184 (Mutatis Mutandis Application of Provisions on Trial to Retrial)

Article 185 (Mutatis Mutandis Application of the Civil Procedure Act)

CHAPTER IX LITIGATION

Article 186 (Action against Trial Decision, etc.)

Article 187 (Qualification for Defendants)

Article 188 (Notification of Institution of Action and Service of Original Copy of Judgment)

Article 188-2 (Exclusion, Challenge or Avoidance of Technical Examiner)

Article 189 (Revocation of Trial Decision or Ruling)

Article 190 (Action against Decision on Compensation or Consideration)

Article 191 (Defendant in Action relating to Compensation or Consideration)

Article 191-2 (Remuneration for Patent Attorney and Costs of Litigation)

CHAPTER X INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY

Section 1 International Application Procedure

Article 192 (Persons Capable of International Application)

Article 193 (International Application)

Article 194 (Recognition, etc. of International Filing Date)

Article 195 (Order to Amend)

Article 196 (International Application Considered to have been Withdrawn, etc.)

Article 197 (Common Representative, etc.)

Article 198 (Official Fees)

Article 198-2 (International Search and International Preliminary Examination)

Section 2 Special Provisions on International Patent Applications

Article 199 (Patent Application Based on International Application)

Article 200 (Special Provisions concerning Inventions Not Deemed to be Publicly Known, etc.)

Article 201 (Translation of International Patent Application)

Article 202 (Special Provisions on Priority Claim by Patent Application, etc.)

Article 203 (Submission of Documents)

Article 204 (Amendment after Receipt of International Search Report)

Article 205 (Amendment before Preparation of International Preliminary Examination Report)

Article 206 (Special Provisions on Patent Administrators for Overseas Residents)

Article 207 (Special Provisions on Time and Effect of Laying Open Application)

Article 208 (Special Provisions on Amendment)

Article 209 (Restriction on Time of Conversion of Utility Model Registration Application)

Article 210 (Restriction on Time of Request for Examination)

Article 211 (Orders to Submit Documents Cited in International Search Report, etc.)

Article 212 Deleted.

Article 213 (Special Provisions on Invalidation Trial of Patent)

Article 214 (International Application Considered to be Patent Application by Ruling)

CHAPTER XI SUPPLEMENTARY PROVISIONS

Article 215 (Special Provisions for Patent or Patent Right with Two or More Claims)

Article 215-2 (Special Provisions for Registration of Patent Application with Two or More Claims)

Article 216 (Inspection of Documents, etc.)

Article 217 (Prohibition of Documents Relating to Patent Application, Examination, Trial, Retrial, Patent Register, etc. from being Taken out or Opened to Public)

Article 217-2 (Agency for Affairs of Digitizing Patent Documents)

Article 218 (Service of Documents)

Article 219 (Service by Public Announcement)

Article 220 (Service of Documents to Overseas Residents)

Article 221 (Patent Gazette)

Article 222 (Submission, etc. of Documents)

Article 223 (Patent Indication)

Article 224 (Prohibition of False Indication)

Article 224-2 (Restriction on Objection)

Article 224-3 (Order of Secrecy)

Article 224-4 (Revoking Order of Secrecy)

Article 224-5 (Notice, etc. on Requests for Perusal, etc. of Trial Records)

CHAPTER XII PENALTY PROVISIONS

Article 225 (Offense of Infringement)

Article 226 (Offense of Divulging Confidential Information, etc.)

Article 226-2 (Executives and Employees of Specialized Institutions, etc. Deemed to be as Public Officials)

Article 227 (Offense of Perjury)

Article 228 (Offense of False Marking)

Article 229 (Offense of Frauds)

Article 229-2 (Offences Violating Order of Secrecy)

Article 230 (Joint Penalty Provisions)

Article 231 (Confiscation, etc.)

Article 232 (Administrative Fines)

ADDENDA

ADDENDA <Act No. 4541, Mar. 6, 1993>

ADDENDA <Act No. 4594, Dec. 10, 1993>

ADDENDA <Act No. 4757, Mar. 24, 1994>

ADDENDA <Act No. 4892, Jan. 5, 1995>

ADDENDA <Act No. 5080, Dec. 29, 1995>

ADDENDA <Act No. 5329, Apr. 10, 1997>

ADDENDA <Act No. 5576, Sep. 23, 1998>

ADDENDA <Act No. 6024, Sep. 7, 1999>

ADDENDA <Act No. 6411, Feb. 3, 2001>

ADDENDA <Act No. 6582, Dec. 31, 2001>

ADDENDA <Act No. 6626, Jan. 26, 2002>

ADDENDA <Act No. 6768, Dec. 11, 2002>

ADDENDA <Act No. 7289, Dec. 31, 2004>

ADDENDA <Act No. 7427, Mar. 31, 2005>

ADDENDUM <Act No. 7554, May 31, 2005>

ADDENDA <Act No. 7869, Mar. 3, 2006>

ADDENDA <Act No. 7871, Mar. 3, 2006>

ADDENDA <Act No. 8171, Jan. 3, 2007>

ADDENDA <Act No. 8197, Jan. 3, 2007>

ADDENDA <Act No. 8357, Apr. 11, 2007>

ADDENDA <Act No. 8462, May 17, 2007>

ADDENDA <Act No. 8852, Feb. 29, 2008>

ADDENDUM <Act No. 9249, Dec. 26, 2008>

ADDENDA <Act No. 9381, Jan. 30, 2009>

ADDENDUM <Act No. 9985, Jan. 27, 2010>

ADDENDA <Act No. 10012, Feb. 4, 2010>

ADDENDA <Act No. 10716, May 24, 2011>

ADDENDA <Act No. 11117, Dec. 2, 2011>

ADDENDA <Act No. 11654, Mar. 22, 2013>

ADDENDA <Act No. 11690, Mar. 23, 2013>

ADDENDA <Act No. 11848, May 28, 2013>

ADDENDA <Act No. 11962, Jul 30, 2013>

ADDENDA <Act No. 12313, Jan 21, 2014>