Statutes of the Republic of Korea

No. 14691
Promulgation Date 2017-03-21
Ministry of Intellectual Property

ALL

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

Article 2 (Definitions)

Article 3 (Legal Capacity of Minors, etc.)

Article 4 (Unincorporated Associations, etc.)

Article 5 (Patent Administrators for Overseas Residents)

Article 6 (Scope of Agency Authority)

Article 7 (Verification of Agency Authority)

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

Article 8 (Survival of Agency Authority)

Article 9 (Independence of Representation)

Article 10 (Orders to Appoint or Replace Agents, etc.)

Article 11 (Representation by at Least Two Persons)

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

Article 13 (Jurisdiction over 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 (Applications for Resumption)

Article 23 (Suspension of Procedure)

Article 24 (Effects of Interruption or Suspension)

Article 25 (Legal Capacity of Foreigners to Hold Rights)

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 (Reporting on Use of Electronic Documents and Digital Signature)

Article 28-5 (Notification, etc. via Information and Communications Networks)

CHAPTER II REQUIREMENTS FOR PATENT REGISTRATION AND PATENT APPLICATIONS

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 Patent)

Article 34 (Patent Applications Filed by Unentitled Persons and Protection of Legitimate Right-Holders)

Article 35 (Patents Granted to Unentitled Persons and Protection of Legitimate Right-Holders)

Article 36 (First-to-File Rule)

Article 37 (Transfer, etc. of Entitlement to Patent)

Article 38 (Succession to Entitlement to Patent)

Articles 39 and 40 Deleted.

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

Article 42 (Patent Applications)

Article 42-2 (Filing Date of Patent Application, etc.)

Article 42-3 (Patent Applications in Foreign Language, etc.)

Article 43 (Abstract)

Article 44 (Joint Applications)

Article 45 (Scope of Single Patent Application)

Article 46 (Procedural Amendments)

Article 47 (Amendments to Patent Applications)

Article 48 Deleted.

Article 49 Deleted.

Article 50 Deleted.

Article 51 (Rejection of Amendments)

Article 52 (Divisional Patent Applications)

Article 53 (Conversion of Applications)

Article 54 (Priority Claims Under Treaty)

Article 55 (Priority Claims Based on Patent Applications, etc.)

Article 56 (Withdrawal, etc. of Earlier Applications)

CHAPTER III EXAMINATIONS

Article 57 (Examinations by Examiners)

Article 58 (Registration, etc. of Specialized Agencies)

Article 58-2 (Revocation of Registration of Specialized Agencies, etc.)

Article 59 (Requests for Examinations of Patent Applications)

Article 60 (Procedure for Requesting Examinations)

Article 61 (Expedited Examinations)

Article 62 (Determinations to Reject Patent Applications)

Article 63 (Notice of Grounds for Rejection)

Article 63-2 (Provision of Information about Patent Applications)

Article 63-3 (Order to Submit Results of Examination in Foreign Countries)

Article 64 (Laying-Open of Applications)

Article 65 (Effects of Laying-Open of Applications)

Article 66 (Determination to Grant Patent)

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

Article 66-3 (Ex Officio Re-Examination Subsequent to Decision to Grant Patent)

Article 67 (Formalities for Decision on Patentability)

Article 67-2 (Requests for Re-Examinations)

Article 67-3 (Restoration of Patent Application)

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

Articles 69 through 77 Deleted.

Article 78 (Suspension of Examination or Litigation Procedures)

Article 78-2 Deleted.

CHAPTER IV PATENT FEES, 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 (Payment of Under-Paid Patent Fees)

Article 81-3 (Reinstatement, etc. of Patent Applications or Patents by Making Late Payment of Patent Fees or Payment of Under-Paid Patent Fees)

Article 82 (Official Fees)

Article 83 (Exemption or Reduction of Patent Fees or Official Fees)

Article 84 (Refunds of Patent Fees, etc.)

Article 85 (Patent Register)

Article 86 (Issuance of Patent Registration Certificates)

CHAPTER V PATENT RIGHTS

Article 87 (Registration of Grant of Patents and Publication of Registration)

Article 88 (Term of Patent)

Article 89 (Extension of Patent Terms by Permission, etc.)

Article 90 (Applications for Registration of Extended Patent Terms by Permission, etc.)

Article 91 (Determination to Reject Applications for Registration of Extended Patent Term by Permission, etc.)

Article 92 (Determination, etc. to Register Extended Patent Term by Permission, 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 for Registration of 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)

Article 95 (Effects of Patent with Extended Term by Permission, etc.)

Article 96 (Limitations on Effects of Patents)

Article 97 (Scope of Protection of Patented Inventions)

Article 98 (Relationships to others' Patented Inventions, etc.)

Article 99 (Transfer and Joint Ownership of Patents)

Article 99-2 (Claim for Transfer of Patent)

Article 100 (Exclusive Licenses)

Article 101 (Effects of Registration of Patents and Exclusive Licenses)

Article 102 (Non-Exclusive Licenses)

Article 103 (Non-Exclusive Licenses Based on Prior Use)

Article 103-2 (Non-Exclusive License Arising from Use Prior to Registration of Transfer upon Claim for Transfer of Patent)

Article 104 (Non-Exclusive Licenses Based on Practicing Prior to Registration of Petitions for Trial on Invalidity)

Article 105 (Non-Exclusive Licenses after Expiration of Design Rights)

Article 106 (Expropriation of Patents)

Article 106-2 (Practice of Patented Inventions by Government, etc.)

Article 107 (Adjudication on Grant of Non-Exclusive Licenses)

Article 108 (Submission of Responses)

Article 109 (Seeking Opinions from the Committee for Mediation of Disputes over Industrial Property Rights and from Heads of Related Ministries and Administrative Agencies)

Article 110 (Formalities, etc. of Adjudication)

Article 111 (Service of Certified Copies of Adjudications)

Article 111-2 (Amendment of Written Adjudication)

Article 112 (Deposit of Consideration)

Article 113 (Annulment of Adjudication)

Article 114 (Revocation of Adjudications)

Article 115 (Restriction on Grounds for Objection to Adjudication)

Article 116 Deleted.

Article 117 Deleted.

Article 118 (Effects of Registration of Non-Exclusive Licenses)

Article 119 (Restriction on Abandonment of Patents, etc.)

Article 120 (Effects of Abandonment)

Article 121 (Pledge Right)

Article 122 (Non-Exclusive Licenses Subsequent to Transfer of Patent by Exercise of Pledge Right)

Article 123 (Subrogation of Pledge Right)

Article 124 (Extinguishment of Patent in Absence of Heir, etc.)

Article 125 (Reporting on Practice of Patent)

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

CHAPTER VI PROTECTION OF PATENTEES

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

Article 127 (Conduct Deemed Infringement)

Article 128 (Claim for Compensation for Loss)

Article 128-2 (Duty of Explaining Matters for Appraisal)

Article 129 (Presumption of Manufacturing Process)

Article 130 (Presumption of Negligence)

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

Article 132 (Submission of Materials)

CHAPTER VI-2 APPLICATION FOR REVOKING PATENT

Article 132-2 (Application for Revoking Patent)

Article 132-3 (Correction of Patent in Process of Applying for Revoking Patent)

Article 132-4 (Methods, etc. for Filing Application for Revoking Patent)

Article 132-5 (Amendment or Dismissal of Application for Revoking Patent, etc.)

Article 132-6 (Decision to Dismiss Unamendable Application for Revoking Patent)

Article 132-7 (Collegiate Tribunal, etc. for Applications for Revoking Patent)

Article 132-8 (Method, etc. of Hearings)

Article 132-9 (Intervention)

Article 132-10 (Ex Officio Examination in Hearings on Application for Revoking Patent)

Article 132-11 (Joinder or Separation of Applications for Revoking Patent)

Article 132-12 (Withdrawal of Application for Revoking Patent)

Article 132-13 (Decision on Application for Revoking Patent)

Article 132-14 (Method of Rendering Decision on Application for Revoking Patent)

Article 132-15 (Application Mutatis Mutandis of Provisions concerning Trials to Applications for Revoking Patent)

CHAPTER VII Trial

Article 132-16 (The Korean Intellectual Property Trial and Appeal Board)

Article 132-17 (Trial on Rulings Rejecting Patent Applications, etc.)

Article 133 (Trial on Invalidity of Patents)

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

Article 134 (Trial to Invalidate Registration for Extension of Patent)

Article 135 (Trials to Confirm Scope of Rights)

Article 136 (Trials for Corrections)

Article 137 (Trials to Invalidate Corrections)

Article 138 (Trial for Grant of Non-Exclusive Licenses)

Article 139 (Joinder of Petitions for Trial, etc.)

Article 140 (Formalities of Petitions for Trials)

Article 140-2 (Formalities of Petitions for Trial on Rulings Rejecting Patent Applications)

Article 141 (Dismissal of Petitions for Trial, etc.)

Article 142 (Trial Rulings Rejecting Petitions for Trial with Incurable Defects)

Article 143 (Administrative Patent Judges)

Article 144 (Designation of Administrative Patent Judges)

Article 145 (Presiding Judges)

Article 146 (Board for Trial)

Article 147 (Submission of Written Response, etc.)

Article 148 (Exclusion of Administrative Patent Judges)

Article 149 (Requests for Exclusion)

Article 150 (Challenge against Administrative Patent Judges)

Article 151 (Vindication of Exclusion or Challenge)

Article 152 (Rulings on Motion for Exclusion or Challenge)

Article 153 (Suspension of Trial Proceedings)

Article 153-2 (Administrative Patent Judges’ Refrainment)

Article 154 (Hearings, etc.)

Article 155 (Intervention)

Article 156 (Petitions for Intervention and Rulings thereon)

Article 157 (Examination and Preservation of Evidence)

Article 158 (Continuation of Trial Proceedings)

Article 159 (Ex Officio Examination)

Article 160 (Joinder or Separation of Hearings or trial rulings)

Article 161 (Withdrawal of Petitions for Trial)

Article 162 (Trial Rulings)

Article 163 (Non Bis In Idem)

Article 164 (Relationship to Litigation)

Article 165 (Costs of Trial)

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

Articles 167 through 169 Deleted.

Article 170 (Application Mutatis Mutandis of Provisions concerning Examination to Trial on Ruling Rejecting Patent Applications)

Article 171 (Special Provisions of Trial against Rulings Rejecting Patent Applications)

Article 172 (Effects of Examinations)

Articles 173 through 175 Deleted.

Article 176 (Revocation of Ruling Rejecting Patent Applications, etc.)

Article 177 Deleted.

CHAPTER VIII RETRIAL

Article 178 (Petitions for Retrial)

Article 179 (Third Party's Petitions for Retrial)

Article 180 (Period for Filing Petitions for Retrial)

Article 181 (Restriction on Effects of Patents Reinstated by Retrial)

Article 182 (Non-Exclusive Licenses for Prior Users of Patent Reinstated through Retrial)

Article 183 (Non-Exclusive Licenses for Former Right-Holders, Deprived of Non-Exclusive Licenses by Retrial)

Article 184 (Application Mutatis Mutandis of Trial-Related Provisions, etc. to Retrial)

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

CHAPTER IX LITIGATION

Article 186 (Legal Proceedings against Trial Rulings, etc.)

Article 187 (Standing to be Sued)

Article 188 (Notification of Legal Proceedings and Service of Certified Copy of Written Judgment)

Article 188-2 (Exclusion, Challenge, or Refrainment of Technical Examiners)

Article 189 (Revocation of Trial Rulings or Decisions)

Article 190 (Legal Proceedings against Decisions on Compensation or Consideration)

Article 191 (Defendants in Legal Proceedings on Compensation or Consideration)

Article 191-2 (Patent Attorney’s Fees and Costs of Litigation)

CHAPTER X INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY

Section 1 International Application Procedure

Article 192 (Persons Eligible to File International Applications)

Article 193 (International Applications)

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

Article 195 (Orders to Amend)

Article 196 (International Applications, etc. Deemed Withdrawn)

Article 197 (Representative, etc.)

Article 198 (Official Fees)

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

Section 2 Special Provisions on International Patent Applications

Article 199 (Patent Applications based on International Applications)

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

Article 200-2 (Applications, etc. Substituted by International Patent Applications)

Article 201 (Korean Translations of International Patent Applications)

Article 202 (Special Provisions concerning Priority Claims by Patent Applications, etc.)

Article 203 (Submission of Documents)

Article 204 (Amendments after Receipt of International Search Reports)

Article 205 (Amendments before Preparation of International Preliminary Examination Reports)

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

Article 207 (Special Provisions concerning Timing and Effects of Laying Open Applications)

Article 208 (Special Provisions concerning Amendments, etc.)

Article 209 (Restriction on Timing for Conversion of Applications)

Article 210 (Restriction on Timing for Filing Requests for Examination of Applications)

Article 211 (Orders to Submit References Cited in International Search Reports, etc.)

Article 212 Deleted.

Article 213 Deleted.

Article 214 (International Applications Decided as Patent Applications)

CHAPTER XI SUPPLEMENTARY PROVISIONS

Article 215 (Special Provisions concerning Patents or Patent Rights with at Least Two Claims)

Article 215-2 (Special Provisions concerning Registration of Patent Applications with at Least Two Claims)

Article 216 (Inspection of Documents, etc.)

Article 217 (Prohibition of Disclosure, Appraisal, etc, of Documents Relating to Patent Applications, etc.)

Article 217-2 (Agency for Digitization of Patent Documents)

Article 218 (Service of Documents)

Article 219 (Public Notice in Lieu of Service)

Article 220 (Service on Overseas Residents)

Article 221 (Patent Gazette)

Article 222 (Submission, etc. of Documents)

Article 223 (Marking of Patent and Patent Pending)

Article 224 (Prohibition of False Marking)

Article 224-2 (Unappealability)

Article 224-3 (Orders to Maintain Confidentiality)

Article 224-4 (Revocation of Orders to Maintain Confidentiality)

Article 224-5 (Notice, etc. on Request for Inspection, etc. of Litigation Records)

CHAPTER XII PENALTY PROVISIONS

Article 225 (Infringement)

Article 226 (Divulgence of Confidential Information, etc.)

Article 226-2 (Executives and Employees of Specialized Agencies, etc. Deemed Public Officials)

Article 227 (Perjury)

Article 228 (False Marking)

Article 229 (Fraud)

Article 229-2 (Breaches of Orders to Maintain Confidentiality)

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>

ADDENDA <Act No. 12753, Jun. 11, 2014>

ADDENDA <Act No. 13096, Jan. 28, 2015>

ADDENDA <Act No. 13317, May 18, 2015>

ADDENDA <Act No. 14035, Feb. 29, 2016>

ADDENDA <Act No. 14112, Mar. 29, 2016>

ADDENDA <Act No. 14371, Dec. 2, 2016>

ADDENDA <Act No. 14691, Mar. 21, 2017>