No. 18505
Promulgation Date 2021-10-19
Ministry of Intellectual Property
ALL
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
Article 2 (Definitions)
Article 3 (Legal Capacity of Minors)
Article 4 (Unincorporated Associations)
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)
Article 8 (Survival of Agency Authority)
Article 9 (Independence of Representation)
Article 10 (Orders to Appoint or Replace Agents)
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 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 (Procedures for Filing Patent Applications by Electronic Documents)
Article 28-4 (Reporting on Use of Electronic Documents and Digital Signature)
Article 28-5 (Notification 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)
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 of Entitlement to Patent)
Article 38 (Succession to Entitlement to Patent)
Article 39 Deleted.
Article 40 Deleted.
Article 41 (Inventions Necessary for National Defense)
Article 42 (Patent Applications)
Article 42-2 (Filing Date of Patent Application)
Article 42-3 (Patent Applications in Foreign Language)
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 52-2 (Splitting-Off)
Article 53 (Converted Applications)
Article 54 (Priority Claims under Treaty)
Article 55 (Priority Claims Based on Patent Applications)
Article 56 (Withdrawal of Earlier Applications)
CHAPTER III EXAMINATIONS
Article 57 (Examinations by Examiners)
Article 58 (Registration of Specialized Agencies)
Article 58-2 (Revocation of Registration of Specialized Agencies)
Article 59 (Requests for Examinations of Patent Applications)
Article 60 (Procedure for Requesting Examinations)
Article 61 (Accelerated 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 (Decision to Grant Patent)
Article 66-2 (Ex Officio Amendments)
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 Trial-Related Provisions to Examination)
Article 69 Deleted.
Article 70 Deleted.
Article 71 Deleted.
Article 72 Deleted.
Article 73 Deleted.
Article 74 Deleted.
Article 75 Deleted.
Article 76 Deleted.
Article 77 Deleted.
Article 78 (Suspension of Examination or Litigation Procedures)
Article 78-2 Deleted.
CHAPTER IV PATENT FEES AND PATENT REGISTRATION
Article 79 (Patent Fees)
Article 80 (Payment of Patent Fees by Interested Party)
Article 81 (Late Payment of Patent Fees)
Article 81-2 (Payment of Under-Paid Patent Fees)
Article 81-3 (Reinstatement 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 from or Reduction of Patent Fees or Official Fees)
Article 84 (Refunds of Patent Fees)
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 Patents)
Article 89 (Extension of Patent Terms by Permission)
Article 90 (Applications for Registration of Extended Patent Terms by Permission)
Article 91 (Determination to Reject Applications for Registration of Extended Patent Terms by Permission)
Article 92 (Determination to Register Extended Patent Terms by Permission)
Article 92-2 (Extension of Term of Patent Rights Following Delayed Registration)
Article 92-3 (Application to Register Extension of Term of Patent Rights Following Delayed Registration)
Article 92-4 (Decision to Reject Application for Registration of Extension of Term of Patent Rights Following Delayed Registration)
Article 92-5 (Decision to Register Extension of Term of Patent Rights Following Delayed Registration)
Article 93 (Provisions Applicable Mutatis Mutandis)
Article 94 (Effects of Patents)
Article 95 (Effects of Patents with Extended Term by Permission)
Article 96 (Limitations on Effects of Patents)
Article 97 (Scope of Protection of Patented Inventions)
Article 98 (Relationships to Others' Patented Inventions)
Article 99 (Transfer and Joint Ownership of Patents)
Article 99-2 (Claim for Transfer of Patents)
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 Licenses Arising from Use Prior to Registration of Transfer upon Claim for Transfer of Patents)
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 the Government)
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 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 Adjudication)
Article 115 (Restrictions on Grounds for Objection to Adjudication)
Article 116 Deleted.
Article 117 Deleted.
Article 118 (Effects of Registration of Non-Exclusive Licenses)
Article 119 (Restrictions on Abandonment of Patents)
Article 120 (Effects of Abandonment)
Article 121 (Pledge Rights)
Article 122 (Non-Exclusive Licenses Subsequent to Transfer of Patents by Exercise of Pledge Rights)
Article 123 (Subrogation of Pledge Rights)
Article 124 (Extinguishment of Patents in Absence of Heirs)
Article 125 (Reporting on Practice of Patents)
Article 125-2 (Title of Practice on Compensation and Consideration)
CHAPTER VI PROTECTION OF PATENTEES
Article 126 (Rights to Seek Injunction against Infringement)
Article 126-2 (Obligation to Present Specific Type of Behavior)
Article 127 (Acts 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)
Article 132 (Submission of Materials)
CHAPTER VI-2 PETITION FOR REVOKING PATENTS
Article 132-2 (Petitions for Revoking Patents)
Article 132-3 (Correction of Patents in Process of Petitioning for Revoking Patents)
Article 132-4 (Methods for Filing Petitions for Patent Revocation)
Article 132-5 (Amendment or Dismissal of Petitions for Patent Revocation)
Article 132-6 (Decision to Dismiss Unamendable Petitions for Patent Revocation)
Article 132-7 (Collegiate Tribunal for Petitions for Patent Revocation)
Article 132-8 (Methods of Hearings)
Article 132-9 (Intervention)
Article 132-10 (Ex Officio Examination in Hearings on Petitions for Patent Revocation)
Article 132-11 (Joinder or Separation of Petitions for Patent Revocation)
Article 132-12 (Withdrawal of Petitions for Patent Revocation)
Article 132-13 (Decision on Petitions for Patent Revocation)
Article 132-14 (Methods of Rendering Decision on Petitions for Patent Revocation)
Article 132-15 (Application Mutatis Mutandis of Trial-Related Provisions to Petitions for Patent Revocation)
CHAPTER VII TRIAL
Article 132-16 (The Korean Intellectual Property Trial and Appeal Board)
Article 132-17 (Trial on Rulings Rejecting Patent Applications)
Article 133 (Trial on Invalidity of Patents)
Article 133-2 (Correction of Patents during Trial for Invalidation of Patents)
Article 134 (Trial to Invalidate Registration for Extension of Patents)
Article 135 (Trial to Confirm Scope of Rights)
Article 136 (Trial for Corrections)
Article 137 (Trial to Invalidate Corrections)
Article 138 (Trial for Grant of Non-Exclusive Licenses)
Article 139 (Joint Petitions for Trial)
Article 139-2 (Court-Appointed Agent)
Article 140 (Formalities of Petitions for Trial)
Article 140-2 (Formalities of Petitions for Trial on Rulings Rejecting Patent Applications)
Article 141 (Dismissal of Petitions for Trial)
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)
Article 148 (Exclusion of Administrative Patent Judges)
Article 149 (Motion 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)
Article 154-2 (Professional Examiners)
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 158-2 (Principle of Timely Presentation)
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 (Res Judicata)
Article 164 (Relationship to Litigation)
Article 164-2 (Referral to Mediation Committee)
Article 165 (Costs of Trial)
Article 166 (Title of Enforcement of Trial Costs or Consideration)
Article 167 Deleted.
Article 168 Deleted.
Article 169 Deleted.
Article 170 (Application Mutatis Mutandis of Examination-Related Provisions to Trial on Ruling Rejecting Patent Applications)
Article 171 (Special Provisions of Trial against Rulings Rejecting Patent Applications)
Article 172 (Effects of Examinations)
Article 173 Deleted.
Article 174 Deleted.
Article 175 Deleted.
Article 176 (Revocation of Ruling Rejecting Patent Applications)
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 (Restrictions 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 to Retrial)
Article 185 (Application Mutatis Mutandis of the Civil Procedure Act)
CHAPTER IX LITIGATION
Article 186 (Legal Proceedings against Trial Rulings)
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 THE PATENT COOPERATION TREATY
Section 1 International Application Procedures
Article 192 (Persons Eligible to File International Applications)
Article 193 (International Applications)
Article 194 (Recognition of International Filing Date)
Article 195 (Orders to Amend)
Article 196 (International Applications Deemed Withdrawn)
Article 197 (Representative)
Article 198 (Official Fees)
Article 198-2 (International Searches and International Preliminary Examination)
Section 2 Special Provisions concerning International Patent Applications
Article 199 (Patent Applications Based on International Applications)
Article 200 (Special Provisions concerning Inventions Not Deemed Publicly Known)
Article 200-2 (Applications Substituted by International Patent Applications)
Article 201 (Korean Translations of International Patent Applications)
Article 202 (Special Provisions concerning Priority Claims by Patent Applications)
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)
Article 209 (Restrictions on Timing for Converted Applications)
Article 210 (Restrictions on Timing for Filing Requests for Examination of Applications)
Article 211 (Orders to Submit References Cited in International Search Reports)
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)
Article 217 (Prohibition of Disclosure and Appraisal of Documents Relating to Patent Applications)
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 of Documents)
Article 223 (Indication of Patent or Patent Pending)
Article 224 (Prohibition of False Indication)
Article 224-2 (Unappealability)
Article 224-3 (Orders to Maintain Confidentiality)
Article 224-4 (Revocation of Orders to Maintain Confidentiality)
Article 224-5 (Notice on Request for Inspection of Litigation Records)
CHAPTER XII PENALTY PROVISIONS
Article 225 (Infringement)
Article 226 (Divulgence of Confidential Information)
Article 226-2 (Executive Officers and Employees of Specialized Agencies Deemed Public Officials)
Article 227 (Perjury)
Article 228 (False Indication)
Article 229 (Fraud)
Article 229-2 (Breaches of Orders to Maintain Confidentiality)
Article 230 (Joint Penalty Provisions)
Article 231 (Confiscation)
Article 232 (Administrative Fines)
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ADDENDUM <Act No. 15093, Nov. 28, 2017>
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ADDENDA <Act No. 16208, Jan. 8, 2019>
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ADDENDA <Act No. 18098, Apr. 20, 2021>
ADDENDA <Act No. 18409, Aug. 17, 2021>
ADDENDA <Act No. 18505, Oct. 19, 2021>