HOME > KOREA IP Laws > Patent Act
CHAPTER I : General Provisions
Article  1  Purpose
Article  2  Definitions
Article  3  Capacity of Minors etc
Article  4  Associations etc Other than a Legal Entity
Article  5  Patent Administrator for Nonresidents
Article  6  Scope of Power of Attorney
Article  7  Proof of Power of Attorney
Article  8  Continuation of Power 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 the 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 a Procedure by a Successor
Article 20 Interruption of a Procedure
Article 21 Resumption of an Interrupted Procedure
Article 22 Request for a Resumption
Article 23 Suspension of a Procedure
Article 24 Effects of an Interruption or Suspension
Article 25 Capacity of Foreigners
Article 26 Effects of a Treaty
Article 27 Deleted
Article 28 Effective Date of Submitted Documents
Article 28bis Entry of Identification Number Procedure for Filing Patent Applications
  by Electronic Means
Article 28quater Report on Use of Electronic Documents and Electronic Signatures
Article 28quinquies Notification etc through a Communication Network
 
 
CHAPTER II : Requirements for patent Registration and Patent Applications
Article 29 Requirements for Patent Registration
Article 30 Inventions Not Considered to be Publicly Known etc
Article 31 Patent for a Plant Invention
Article 32 Unpatentable Inventions
Article 33 Persons Entitled to Obtain a Patent
Article 34 Patent Application Filed by an Unentitled Person and Protection of the Lawful Holder
                    of a Right
Article 35 Patent Granted to an Unentitled Person and Protection of the Lawful Holder of a Right
Article 36 First-to-File Rule
Article 37 Transfer of the Right to Obtain a Patent etc
Article 38 Succession to the Right to Obtain a Patent
Article 39 Employees' Inventions
Article 40 Remuneration for Employees กฏ Inventions
Article 41 Inventions Necessary for National Defense etc
Article 42 Patent Application
Article 43 Abstract
Article 44 Joint Applications
Article 45 Scope of a Patent Application
Article 46 Amendment of Procedure
Article 47 Amendment of Patent Application
Article 48 Deleted
Article 49 Treatment of an Amendment to a Dual Application etc
Article 50 Deleted
Article 51 Rejection of an Amendment
Article 52 Divisional Application
Article 53 Dual Application
Article 54 Priority Claim Under Treaty
Article 55 Priority Claim Based on a Patent Application etc
Article 56 Withdrawal of an Earlier Application etc
 
 
CHAPTER III : Examination
Article 57 Examination by Examiner
Article 58 Search for Prior Art etc
Article 58bis Cancellation of the Designation of a Specialized Search Organization
Article 59 Request for an Examination of a Patent Application
Article 60 Procedure for Requesting an Examination
Article 61 Preferential Examination
Article 62 Decision to Refuse a 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 a Patent
Article 67 Formalities for a Decision of Patentability
Article 68 Mutatis Mutandis Application of Provisions Concerning Trial to Examination
Article 69 Opposition to the Grant of a Patent
Article 70 Amendment of Grounds for an Opposition etc
Article 71 Collegial Body for Examination and Decision
Article 72 Examination Ex Officio in Examination of an Opposition
Article 73 Joint or Separate Oppositions
Article 74 Decision on an Opposition
Article 75 Formalities of a Decision on an Opposition
Article 76 Withdrawal of an Opposition
Article 77 Correction of a Patent in an Opposition
Article 78 Suspension of Examination or Litigation Trials
Article 78bis Mutatis Mutandis Application of Provisions Concerning Trials to Opposition
 
 
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 of Patent Fees etc
Article 81bis Remaining Payment of Patent Fees
Article 81ter Restoration etc of a Patent Application and Patent Right by Late Payment or
  Remaining 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 a Patent Registration Certificate
 
 
CHAPTER V : Patent Right
Article  87  Registration of the Establishment of a Patent Right and the Publication of Registration
Article  88  The Term of a Patent Right
Article  89  Extension of the Term of a Patent Right
Article  90  Application to Register an Extension of the Term of a Patent Right
Article  91  Decision of Refusal to Extend the Term of a Registered Patent
Article  92  Decision etc on Registration for Extending the Term of a Patent Right
Article  93  Mutatis Mutandis Application of Provisions
Article  94  Effects of Patent Right
Article  95  Effects of Patent Right the Term of which has been Extended
Article  96  Limitations on a Patent Right
Article  97  Scope of Protection of Patented Invention
Article  98  Relation to Patented Invention etc of Another Person
Article  99  Assignment and Joint Ownership of a Patent Right
Article 100 Exclusive License
Article 101 Effects of Registration of a Patent Right and an Exclusive License
Article 102 Nonexclusive License
Article 103 Nonexclusive License by Prior Use
Article 104 Nonexclusive License Due to Working before Registration of a Request for
                      an Invalidation Trial
Article 105 Nonexcluseive License after a Design Right Expires
Article 106 Expropriation of Patent Right etc
Article 107 Adjudication for the Grant of a Nonexclusive License
Article 108 Submission of Response
Article 109 Solicitation of Opinion from the 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 an Adjudication
Article 115 Restriction on Reasons for Objections to an Adjudication
Article 116 Cancellation of a Patent Right
Article 117 Deleted
Article 118 Effects of Registration of a Nonexclusive License
Article 119 Restriction on Abandonment of a Patent Right etc
Article 120 Effects of Abandonment
Article 121 Pledge
Article 122 Nonexclusive License Incidental to Transfer of Patent Right by Exercise
                      of a Pledge Right
Article 123 Subrogation of Pledge Right
Article 124 Extinguishment of a Patent Right in the Absence of a Successor
Article 125 Report on Working a Patent
Article 125bis The Title of Execution on Amount of Compensation and Remuneration
 
 
CHAPTER VI : Protection of patentee
Article 126 Injunction etc against an Infringement
Article 127 Acts of Infringement
Article 128 Presumption etc of the Amount of Damages
Article 129 Presumption of the Patented Process to Manufacture
Article 130 Presumption of Negligence
Article 131 Recovery of the Reputation of a Patentee etc
Article 132 Submission of Documents
 
 
CHAPTER VII : Trial
Article 132bis Intellectual Property Tribunal
Article 132ter Trial against a Decision to Refuse or Revoke a Patent etc
Article 132quater Deleted
Article 133 Invalidation Trial of a Patent
Article 133bis Correction of a Patent during an Patent Invalidation Trial
Article 134 Invalidation Trial of Registration for Extension of the Term of a Patent Right
Article 135 Trial to Confirm the Scope of a Patent Right
Article 136 Trial for a Correction
Article 137 Trial for Invalidation of Correction
Article 138 Trial for Granting a Nonexclusive License
Article 139 Request for a Joint Trial etc
Article 140 Formal Requirements of a Request for a Trial
Article 140bis Formal Requirements of a Request for a Trial on a Decision to Refuse or Revoke a
  Patent etc
Article 141 Rejection of a Request for a Trial
Article 142 Rejection of a Request for a Trial Containing Incurable Defects
Article 143 Trial Examiners
Article 144 Designation of Trial Examiners
Article 145 Presiding Trial Examiner
Article 146 Collegial Body for a Trial
Article 147 Submission of a Response etc
Article 148 Exclusion of a Trial Examiner
Article 149 Request for Exclusion
Article 150 Recusal of a Trial Examiner
Article 151 Indication of Grounds for Exclusion or Recusal
Article 152 Decision on a Request to Exclude or Recuse
Article 153 Suspension of Trials
Article 153bis Trial Examiners Recusing Themselves
Article 154 Trial Proceedings etc
Article 155 Intervention
Article 156 Request for an Intervention and Decision
Article 157 Taking and Preserving Evidence
Article 158 Continuation of Trial Proceedings
Article 159 Ex Officio Trial Examination
Article 160 Combination or Separation of a Trial or Ruling
Article 161 Withdrawal of a Request for a Trial
Article 162 Ruling on a Trial
Article 163 Res Judicata
Article 164 Trials and Litigation
Article 165 Costs of a Trial
Article 166 Title of Enforcement of Costs or Remuneration
Article 167 Deleted
Article 168 Deleted
Article 169 Deleted
Article 170 Mutatis Mutandis Application of Provisions on Examination to Trial against a Ruling of
                      Refusal to Grant a Patent
Article 171 Special Provisions for a Trial against a Ruling of Refusal to Grant a Patent
Article 172 Effect of Examination or Opposition Proceedings
Article 173 Reexamination Before a Trial
Article 174 Mutatis Mutandis Application of Provisions on Examination to the Reexamination
                      Before a Trial
Article 175 Termination of a Reexamination
Article 176 Reversal of a Ruling of Refusal etc
Article 177 Deleted
 
 
CHAPTER VIII : Retrial
Article 178 Request for a Retrial
Article 179 Request for a Retrial on Account of Collusion
Article 180 Period for Requesting a Retrial
Article 181 Restriction on Effects of a Patent Right Restored by a Retrial
Article 182 Nonexclusive License for Prior User of a Patent Right Restored by a Retrial
Article 183 Nonexclusive License for Person Deprived of a Nonexclusive License by a 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 on Trial Decision etc
Article 187 Qualification for Defendant
Article 188 Notification of Institution of Action and Transmittal of Document
Article 188bis Exclusion or Recusal of a Technical Examiner
Article 189 Revoking a Trial Decision or Ruling
Article 190 Action against Decision on Amount of Compensation or Remuneration
Article 191 Defendant in an Action Related to Compensation or Remuneration
 
 
CHAPTER X : International Applications under the Patent Cooperation Treaty
Part I International Application Procedure
Article 192 Persons Capable of International Application
Article 193 International Application
Article 194 Recognition etc of the Filing Date of an International Application
Article 195 Invitation to Amendment
Article 196 International Application Considered to have been Withdrawn
Article 197 Representative etc
Article 198 Fees
Article 198bis International Search and International Preliminary Examination
Part II Special Provisions on International Patent Applications
Article 199 Patent Application Based on an International Application
Article 200 Special Provision Concerning Presumption of Novelty of Inventions
Article 201 Translation of International Patent Applications
Article 202 Special Provisions on Claim of Priority
Article 203 Submission of Documents
Article 204 Amendment after Receipt of the International Search Report
Article 205 Amendment before Establishment of the 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 an Application
Article 208 Special Provision on Amendment
Article 209 Restriction on Timing of Dual Application
Article 210 Time Restriction on a Request for an Examination
Article 211 Regulation Concerning Submission of Documents Cited in the International Search
                      Report etc
Article 212 Special Provisions on Oppositions Against Grant of Patent
Article 213 Special Provisions on an Invalidation Trial of a Patent
Article 214 International Application Considered to be a Patent Application by Decision
 
 
CHAPTER XI : Supplementary Provisions
Article 215 Special Provisions for a Patent or Patent Right with Two or More Claims
Article 215bis Special Provisions for Registering a Patent Application with Two or More Claims
Article 216 Inspection of Documents etc
Article 217 Prohibition on Opening or Removing Documents Related to a Patent Application,
                      Examination, Opposition, Trial, Retrial or the Patent Register
Article 217bis Agency for Digitizing Patent Documents
Article 218 Transmittal of Documents
Article 219 Transmittal by Public Notification
Article 220 Transmittal of Documents to Nonresidents
Article 221 Patent Gazette
Article 222 Submission of Documents etc
Article 223 Patent Indication
Article 224 Prohibition of False Indication
Article 224bis Restriction on Objections
 
 
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 229bis Officers and Employees of Special Searching Agency as Public Officials and
  Irrefutable Presumption
Article 230 Dual Liability
Article 231 Confiscation etc
Article 232 Administrative Fine
 
 
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