Statutes of the Republic of Korea

No. 6626
Promulgation Date 2002-01-26
Ministry of Intellectual Property

ALL

Article 1 (Purpose)

Article 2 (Definitions)

Article 3 (Capacity of Minors, etc.)

Article 4 (Associations, etc., Other than Legal Entity)

Article 5 (Patent Administrator for Nonresidents)

Article 6 (Scope of Powers of Attorney)

Article 7 (Proof of Powers of Attorney)

Article 8 (Non-extinguishment of Powers 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 Provisions of 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 Procedure by Successor)

Article 20 (Interruption of Procedure)

Article 21 (Resumption of Interrupted Procedure)

Article 22 (Request for Continuation)

Article 23 (Suspension of Procedure)

Article 24 (Effects of Interruption or Suspension)

Article 25 (Capacity of Foreigners)

Article 26 (Effects of Treaty)

Article 27 Deleted.

Article 28 (Effective Date of Submitted Documents)

Article 28-2 (Entry of Identification Number)

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

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

Article 28-5 (Notification, etc. through Communication Network)

CHAPTER Ⅱ REQUIREMENTS FOR PATENTS AND PATENT APPLICATION

Article 29 (Requirements for Patents)

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

Article 31 (Patent for Plant Invention)

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 of Right to Obtain Patent)

Article 38 (Succession to Right to Obtain Patent)

Article 39 (In-Service Inventions)

Article 40 (Remuneration for In-Service Inventions)

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

Article 42 (Patent Application)

Article 43 (Abstract)

Article 44 (Joint Applications)

Article 45 (Scope of One Patent Application)

Article 46 (Amendment of Procedure)

Article 47 (Amendment of Patent Application)

Article 48 Deleted.

Article 49 (Treatment of Amendments to Dual Application, etc.)

Article 50 Deleted.

Article 51 (Rejection of Amendment)

Article 52 (Division of Patent Application)

Article 53 (Dual Application)

Article 54 (Priority Claim Under Treaty)

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

Article 56 (Withdrawal of Earlier Application, etc.)

CHAPTER Ⅲ EXAMINATION

Article 57 (Examination by Examiner)

Article 58 (Search for Prior Art, etc.)

Article 58-2 (Cancellation of Designation of Specialized Search Organization)

Article 59 (Request for Examination of Patent Application)

Article 60 (Procedure for Request for Examination)

Article 61 (Preferential Examination)

Article 62 (Decision of Refusal of 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 Patent)

Article 67 (Formalities for Decision of Patentability)

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

Article 69 (Opposition to Granting of Patent)

Article 70 (Amendment of Grounds for Opposition, etc.)

Article 71 (Collegial Body for Examination and Decision)

Article 72 (Examination ex officio in Examination of Opposition)

Article 73 (Joint or Separate Oppositions)

Article 74 (Decision on Opposition)

Article 75 (Manner of Decision on Opposition)

Article 76 (Withdrawal of Opposition)

Article 77 (Correction of Patent in Opposition)

Article 78 (Suspension of Examination or Litigation Proceedings)

Article 78-2 (Mutatis Mutandis Application of Provisions concerning Trials to Opposition)

CHAPTER Ⅳ PATENT FEES AND PATENT REGISTRA TIONS, ETC.

Article 79 (Patent Fees)

Article 80 (Payment of Patent Fees by Interested Party)

Article 81 (Late Payment of Patent Fees)

Article 81-2 (Recovery of Patent Application or Patent Right by Late 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 Certificate of Patent Register)

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)

Article 90 (Application for Registration of Extension of Term of Patent Right)

Article 91 (Decision of Refusal on Registration of Extension of Term of Patent Right)

Article 92 (Decision, etc. on Registration for Extending Term of Patent Right)

Article 93 (Mutatis Mutandis Application of Provisions)

Article 94 (Effects of Patent Right)

Article 95 (Effects of Patent Right Term of Which has been Extended)

Article 96 (Limitations on Patent Right)

Article 97 (Scope of Protection of Patented Invention)

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

Article 99 (Assignment and Co-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 Right)

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

Article 108 (Submission of Response)

Article 109 (Solicitation of Opinion from 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 Adjudication)

Article 115 (Restriction on Reason for Objections to Adjudication)

Article 116 (Cancellation of Patent Right)

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 Right)

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 Remuneration)

CHAPTER Ⅵ PROTECTION OF PATENTEE

Article 126 (Injunction, etc. against Infringement)

Article 127 (Acts Deemed to be Infringement)

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

Article 129 (Presumption of Patented Process to Manufacture)

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 of Refusal or Revocation of Patent, 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 for Joint Trial, etc.)

Article 140 (Formal Requirements of Request for Trial)

Article 140-2 (Formal Requirements of Request for Trial on Decision of Refusal of Patent or Revocation of Patent, etc.)

Article 141 (Rejection of Request for Trial)

Article 142 (Rejection of Request for Trial containing Incurable Defects)

Article 143 (Trial Examiners)

Article 144 (Designation of Trial Examiners)

Article 145 (Presiding Trial Examiner)

Article 146 (Collegial Body for Trial)

Article 147 (Submission of Response, etc.)

Article 148 (Exclusion of Trial Examiner)

Article 149 (Request for Exclusion)

Article 150 (Challenge of Trial Examiner)

Article 151 (Indication of Grounds for Exclusion or Challenge)

Article 152 (Decision on Request for Exclusion or Challenge)

Article 153 (Suspension of Proceedings)

Article 153-2 (Refrainment of Trial Examiner)

Article 154 (Trial Proceedings, etc.)

Article 155 (Intervention)

Article 156 (Request for Intervention and Decision)

Article 157 (Taking of Evidence and Preservation Thereof)

Article 158 (Continuation of Trial Proceedings)

Article 159 (Ex Officio Trial Examination)

Article 160 (Combination or Separation of Trial or Ruling)

Article 161 (Withdrawal of Request for Trial)

Article 162 (Ruling on Trial)

Article 163 (Res Judicata)

Article 164 (Trials and Litigation)

Article 165 (Costs of Trial)

Article 166 (Title of Enforcement of Costs or Remuneration)

Articles 167 through 169 Deleted.

Article 170 (Mutatis Mutandis Application of Provisions on Examination to Trial against Ruling of Refusal to Grant of Patent)

Article 171 (Special Provisions for Trial against Ruling of Refusal to Grant of Patent)

Article 172 (Effect of Examination or Opposition Proceedings)

Article 173 (Reexamination Prior to Trial)

Article 174 (Mutatis Mutandis Application of Provisions on Examination to Reexamination Prior to Trial)

Article 175 (Termination of Reexamination)

Article 176 (Reversal of Ruling of Refusal, etc.)

Article 177 Deleted.

CHAPTER Ⅷ RETRIAL

Article 178 (Request for Retrial)

Article 179 (Request for Retrial on Account of Collusion)

Article 180 (Time Limit for Request for Retrial)

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

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

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

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

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

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

Article 189 (Revocation of Trial Decision or Ruling)

Article 190 (Action against Decision on Amount of Compensation or Remuneration)

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

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 Filing Date of International Application)

Article 195 (Invitation to Amendment)

Article 196 (International Application Considered to have been Withdrawn)

Article 197 (Representative, etc.)

Article 198 (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 Provision concerning Presumption of Novelty of Inventions)

Article 201 (Translation of International Patent Application)

Article 202 (Special Provisions on Claim of Priority)

Article 203 (Submission of Documents)

Article 204 (Amendment after Receipt of International Search Report)

Article 205 (Amendment before Establishment of 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 of Application)

Article 208 (Special Provision on Amendment)

Article 209 (Restriction on Timing of Dual Application)

Article 210 (Restriction on Time of Request for Examination)

Article 211 (Regulation Concerning Submission of Documents Cited in International Search Report, etc.)

Article 212 (Special Provision on Ruling of Revocation of Grant of Patent)

Article 213 (Special Provision on Invalidation Trial of Patent)

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

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 Opening or Removal of Documents Relating to Patent Application, Examination, Opposition, Trial, Retrial or the Patent Register)

Article 217-2 (Agency for Computerizing Work of Patent Documents)

Article 218 (Transmittal of Documents)

Article 219 (Service by Public Notification)

Article 220 (Service to Nonresidents)

Article 221 (Patent Gazette)

Article 222 (Submission of Documents, etc.)

Article 223 (Patent Indication)

Article 224 (Prohibition of False Indication)

Article 224-2 (Restriction on Objection)

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 229-2 (Officers and Employees of Special Searching Agency as Public Officials; Irrebuttable Presumption)

Article 230 (Dual Liability)

Article 231 (Confiscation, etc.)

Article 232 (Fine for Negligence)

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>