WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN11IKOR/P/l 
16 March 2000 
(00-1087) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
REPUBLIC OF KOREA 
The present document reproduces the text! of the Patent Act and the Enforcement Decree of 
the Patent Act, as notified by the Republic of Korea under Article 63.2 of the Agreement (see 
document IP/N/1/KORll). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETl!: INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
REPUBLIQUE DE COREE 
Le present document contient le texte! de la Loi sur les brevets et du Decret d'application y 
relatif, notifies par la Republique de Coree au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/lIKORlI ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
REPUBLICA DE COREA 
En el presente documento se reproduce el textol de la Ley de Patentes y de su Decreto de 
aplicaci6n, notificados por la Republica de Corea de conformidad con el paTfafo 2 del articulo 63 del 
Acuerdo (v ease el documento IPIN/IIKORll). 
1 In English only/En anglais seulement/En ingles solamente. IPINIlIKORIPIl 
Page 2 
PATENT ACT 
Act No. 950, Promulgated on Dec. 31,1961 
As Las t Amended by Ac t No. 5576, Sep. 23, 1998 
CHAPIEKl .... __ .. GENERAL.PRQYISIQNS ________________ 9 
~A~rt~i~cl~e~1~P~Ur4In)O~s~e. ___________________________________ 9 
Article 2 Definitions __________________________________ 9 
Article 3 Capacity of Minors, etc. 9 
Arti.cle .. 4 __ . __ Asso.ciatinD.S.,.j!tc .... o.the.r.thmLe.galEntity 10 
Article 5 Patent Administrator for Nonresidents 10 
Article 6 Scope of powers of Attorne,Y 10 
Article 7 Proof of Powers of Attorney 11 
ArtkLeJL __ .N.on::extinguis1unent.oJPo.we.rs .. of.A.ttnrne,Y- 11 
Article 9 Independence of Representation 11 
Article 10 Replacement of Agents. ete. 11 
Article 11 Representation of Two or More persons 12 
Article 12 Mutatis Mutandis Application of Provisions of the Code Qf Ciyil procedu re 12 
Article.13 ...... yenue .. of.N.onresidents ______________________ 12 
Article 14 Calculation of Time Umits ______________________ 12 
Article 15 Extension of Time Limits, etc. 13 
Article 16 Invalidation of Procedure 13 
Artkk.17. __ Suhse.quent_Co.mpLetioll.of.£.roc.edure _______________ 14 
Article 18 Succession Qf procedural Effects 14 
Article 19 Continuation of Procedure by Successor 14 
Article 20 Interruption of Procedure 14 
Article 21 Resumption of an Interrupted procedure 14 
Arti.cle.22 __ .Requestfor..Contilluation 15 
Article 23 Suspension of Procedure 16 
Article 24 Effects of Interruption or Suspension 16 
Article 25 Capacity of Foreigners 16 
Artide.2G __ .Effects.of.Treaty 17 
Article 27 Subsidies for Encouragement of Inventions 17 
Article 28 Effectiye Date of Submitted Documents 17 
Article 28bis Entry of Identification Number 17 
Arti.cle.28.tc1: ... .P.ro.c.edure.Jor..Eiling.P.atent.Ap-PJications.b~:.Me.ans.nf.Eleetr.oni.c..D.oc.uments _ 18 
Article 28quater Report on Use of Electronic Documents and Electronic Signature 19 IP/N/1/KORlP/1 
Page 3 
Article 28quinquies Notification, etc. through a Computerized Network _______ 19 
CHAPTER 1I REQUIREMENTS FOR PATENTSAND PA TENT APPLlCATION 
Article 29 Requirements/or Patents ____________________ 20 
Artide .. 3.O' .... Jm:.e.ntions.D.e.em~.dJo . .b.e..No:n!1 _________________ 20 
Article 31 Patent for Plant Inyention ___________________ 21 
Article 32 Unpatentable In\"fntions 21 
Article 33 Persons Entitled to Obtain a Patent 21 
Artidc.3.:L ... Patent.Application.Filcd.hy.an..Unentitled.Pers.Qn; . .Prote.cti.Qn.olActf.uLHolder.oLth~ 
Right 22 
Article 35 Patent Granted to an Unentitled Person; Protection of Actful Holder of the Right 22 
Article 36 First-to-File RuJe _______________________ 22 
Article 37 Transfer of the Right to Obtain a Patent 23 
Article 38 Succession to the Right to Obtain a Patent 23 
Artide .. 3.9. ..... Jn7.s.e.ni!:~Jm:.e.ntio.ns 24 
Article 40 Remuneration for In-Sen'ice Inyentions _______________ 24 
Article 41 Inventions Necessary for National Defense, ete. 25 
Article 42 patent AI)plication 26 
ArticleA.L .. Ahstract 27 
Article 44 Joint Applications ______________________ 27 
Article 45 Scope of One patent Application 27 
Article 46 Amendment of Procedure 27 
Artide .. 41 ..... Amendm~uLof.P.atent.A.p.pli.cation ________________ 27 
Article 48 Change of Subject Matter 28 
Article 49 Amendment of Specification, ete. and Change of Subject Matter 28 
Article 50 Deleted 29 
Article 51 Rejection of Amendment 29 
Article.52._ .. Dhi.s.iou.of..Patent.Application 29 
Article 53 Dual Application 30 
Article 54 Priority Claim under Treaty 31 
Article 55 Priority Claim Based on patent Application, ete. 31 
Artide .. 5fi ..... Withdr.alY.alof.Earlier.Ap.plkation, .. e.tc. 33 
CHAPTER ill EXAMINATION 
Artide .. 51 ..... Examinatiou.b-Y.Examiner ___________________ 34 
Article 58 Search of prior Art, etc. 34 
Article 59 Request for Examination of patent Application 34 
Article 60 procedure for a Request for Examination 34 
Article 61 Preferential Examination ____________________ 35 
Article..6.2 ..... Ruling.oLRdllsal ____________________ 35 IPINIlIKORlPIl 
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Article 63 Notification of Reasons for Refusal _________________ 35 
ArticleJ!:L .. .L.a)ing.Op.eRD.f.Applkation __________________ 36 
Actkle 65 Effects of Laying Ouen of Al'l'lication 36 
Article 66 Decision to Grant a Patent 37 
Article 67 Formalities for Decision 37 
ArtkJ.c.6.8 ..... MIlt.«tis..Mu.tfW.dis..Ap.lllkatioR.of.Prm:isions.~Con.c.er.l1ing.TriaLto.Ex.amination __ 37 
Article 69 Opposition to the Grant of a patent 37 
Article 70 Amendment of Grounds for Ol'position, etc. 38 
Article 71 Collegial Body for Examination and Decision _________________ 38 
Article 72 Examination Ex Officio in Examination of Ouposition 39 
Article .. 'Z3. ..... Consolid.atiD.n.of.Op-llOsitiom 39 
Article 74 Decision on OI'Position _______________________ 39 
Article 75 Manner of Decision on 011 position 40 
Article 76 Withdrawal of OPllOsition 40 
Artide.7.'Z ..... .cD.rre.c.tio.n.of.P.ate.l1t 40 
Article 78 Suspension of Examination or Litigation Proceedings 41 
Article 78bis Mutatis Mutandis Application of Provisions Concerning Trials to Opposition __ 41 
CHAPTER IV PATENT FEES AND PATENTREGISTBATIONS, ETe. 
Article 79 Patent Fees _______________________________ 41 
Article 80 Payment of Patent Fees by Interested Party 41 
Artide .. 8L .. .L.ate . .P.a)-:me.l1Lof.P.ate.nt.Fec.s 42 
Article 82 Official Fees 42 
Article 83 Reduction or Exemption of Patent Fees or Official Fees 42 
Article 84 Refund of Patent Fees, etc. 43 
Article 85 Patent Register 43 
Artide.B.6 ..... Is.s.u.ance .. oLCe..rtiru:.ate .. of.P.ate.nt.Regjstration 44 
CHAPTER V PATENTRIGUT 
ArtkJ.e.B.L .. Re.gistr.ation.oi.E.stabJisJunenLof..P.atcn.tRight.and.PubJkation .. of.Registr.ati.un _ 4 ... 
~A~rt~i~cl~e~8~8~]~ednnnL~ofuPuawt&ennt~R~ig~hut, _______________________ 45 
~A~rt~i&cl~e~8u9~E~x~t~e~ns~i~on~of~Te~nnun~oLfLP~atue~n~t~R~ig~hwt, ____________________ 45 
Article 90 Application for Registration of Extension of Term of Patent Right ________ 46 
Artkle . .2L ... Rulmg.D.f.Refus.aLAgain.slApplication.fur.Ex.tensioJLofIerm.of..P.atenlRight __ 46 
Article 92 Ruling etc., on Application of Registration for Extending Term of Patent Right __ 47 
Article 93 Mutatis Mutandis Application of Prmjsions ________________ 48 
Article 94 Effects of Patent Right 48 
ArtkLe..9..5 .. _.Effe.c.ts..of..P.atfn.t.RighUhe.Term.of.Whlch.Has.Been.Ex.tended 48 
ArtkLe.9..6 ..... Limitations.D.n.P.atent.Right ... 8 
Article 97 Scope of protection of Patented Invention 48 IP /N/l/KORlP/l 
Page 5 
Article 98 Relation to Patented Invention, etc. of Another Person __________ 49 
Artide.9.9. ..... As.s.ignmentand.Co::mrner.ship .. of.aJ~atenLRight ___________ 49 
~Aurt~i~cl~e~1~0~0~E~xM·c~lu~snb~·e~L~ic~elln~sc. _______________________ 49 
~A~rt~i~cl~e~1~0~1~E~f~re~c~ts~0~f~R~e~~~"~st~r~at~i(~)n~of~a~P~a~te~n~t~R~ig~h~t~a~n~dua~n~E~xc~l~us~i~re~~Idjc~e~n~se~ ______ 50 
Article 102 Non-exclusiye License _____________________ 50 
Artkl.c..10J. ..... Non::cxclu.sir.c.Lkense.DJ:.f.r.io.r..Use 51 
Article 104 Non-exclusive Liccnse Due to Working Prior to Registration of Request for 
InraIidation Trial 51 
Article 10S Non-exclusiw Ucense After Expiration of a Design Right ________ 52 
Article 106 ExprolU"iationof Patent Right 52 
Article 107 Adjudication for Grant of Non-exclusive License 53 
Actide.1D.!L .. S.ubmission.o.LResp.onse __________________________________ 54 
Article 109 Solicitation of Opinion from the Industrial Property Right Council ________ 54 
Article 11 0 Formality of Adjudication 54 
Article 111 Transmittal of Certified Copies of Adjudication 54 
Artkk.llL ... D.ep.osit.ofRemlUleration. ____________________________ 54 
Article 113 Lapse of Adjudication _____________________ 55 
Article 114 Cancellation of Adjudication 55 
Article 115 Restriction on Reason for Objections to Adjudication 55 
Actide_lHi .... _Canccllatioll..of.fatentRight _________________ 55 
Artide .. ll'Z .. _.Establishmenl.oL!ndu.sJnal.P.rop.etly.RighLCQlUlcil 56 
Article 118 Effects of Registration of Non-exclusive License ____________ 56 
Article 119 Restriction on Abandonment of Patent Right, etc. 56 
Article 120 Effects of Abandonment 57 
ArticLe.12L .. fledge 57 
Article 122 Non-exclusiye License Incidental to Transfer of fatent Right by Exercise of a 
Pledge Right 57 
Article 123 Subrogation of Pledge Right 57 
Article 124 Extinguishment of Patent Right in Absence of Successor _________ 57 
Actide.125. .. _.Rep.ort .. on_W.Qrking.D.LPatent 57 
CHAPTER VI PROTBCUONOFPATENTEE 
Actide.126 ..... !ojnnction,_.etc .... AgainsUnfringement, ____________________ 58 
Article 127 Acts Deemed to be Infringement 58 
Article 128 Presumption, etc., of Amount of Damage 58 
Article 129 Presumption of the Patented Process to Manufacture 59 
Article 130 presumption of Negligence 59 
Article.13L ... RecD.Y.ery.D.f..ReputatioJl.of..P.atente.e,.etc.. 59 
Article 132 Submission of Documents 59 IPINIlIKOR/PIl 
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CHAPTER VII TRIAL 
ArtickJJ2h;,L ... lndustrialPr.opertJ .. T.r.ibunaJ 59 
Article 132ter Trial Against Ruling of Refusal or Reyocation 60 
AJ1icle 132quater Trial Against Decision to Reject Amendment 60 
Article 133 Invalidation Trial of Patent 60 
Articl.e.lJ:L .. .Im:.alidation..Iri.aLofRegis.tr.ationJOJ:.E.xtension..oLTer.m.nLPate.nLRight 60 
Article 135 Trial to Confirm the Scope of a Patent Right 61 
Article 136 Trial for Correction ______________________ 61 
Article 137 Trial for [nyalidation of Correction 62 
Article 138 Trial for Granting Non-exclusil"e License 63 
Article.JJ9. ..... Re.q.u~ . .s.tJor .. J.oint.Tri.al .... etc. __________________ 63 
Article UO Formal Requirements of Request for Trial 6.t 
Article UOhis Formal Requirements of Request for Trial on Ruling of Refusal, Revocation, or 
Decision of Rejection of Amendment 6.t 
Article Ul Rejection of Request for Trial __________________ 65 
ArticLc.142. ..... Rejec.tion.nLRequesiJo.r.1l:iaLCnntaininglncurab.1e.D.e.fe.cts 65 
Article U3 Trial Examiners _______________________ 65 
Article u.t Designation of Trial Examiners 66 
Article 145 Presiding Trial Examiner 66 
Artide.J46 .. _ .. CnUegialRo.d}:Jo.r.Trial __________________ 66 
Artide . .14.7 ..... .5l1bmis.s.i.on.oJ.Resp.onsf. •. d.c. 66 
Article 148 Exclusion of Trial Examiner 66 
Article 149 Request for Exclusion 67 
Article 150 Challenge of Trial Examiner 67 
ArticLe..1SL .. .Indic.aiion.Df.Gro.un.ds.fur.Ex.cLusion_or . .chaUenge 67 
Article 152 Decision on Request for Exclusion Of Challenge 67 
Article 153 Suspension of Proceedings 68 
Article 15.t Trial Proceedings, ete. 68 
Artide.J55. .... lnterre.lltion 69 
Article 156 Request for Intea-ention and Decision _______________ 69 
Article 157 Taking of E,jdence and Presen'ation Tbereof 69 
Article 158 Continuation of Trial Proceedings 70 
Article 159 Ex Officio Trial Examination 70 
ArticLc.16!L ... C.omhination..or . .5.e.p.ar.ation_oLTrial.nr.RuUng ___________ 70 
Article 161 Withdrawal of Request for Trial 70 
Article 162 Ruling on Trial 71 
Article 163 Res .Judicata 71 
Artide.JJ).4 ..... .5l1spension .. of.Trial.ocLitigatinn.Pmcf.edings 72 
Article 165 Costs of Trial 72 
Article 166 Title of Liability of Costs, Remuneration or Compensation 73 IPINIlIKORIPIl 
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Article 167 Deeted' _________________________ 73 
Article.16.S ........ Deleted. _______________________ 73 
Article 169 Deleted. 73 
Article 170 Mutatis Mutandis Auplication of Provisions on Examination to Trial against Ruling 
of Refusal ______________________________ 73 
Article 171 Suecial Provisions on Trial against Ruling of Refusal or Decision of Rejection of 
~A~m~e~nwdwmne~n~t _____________________________ 73 
Articlc..l12. ..... Effe.cJ.of.Ex.aminati.on.o.r .. Opp.o.s.ition.P.t:Oc.cedings 73 
Article 173 Reexamjnation Prior to Trial 7 .. 
Article 17.. Mutatis Mutandis Auplicatjon of Provision on Examination to the Reexamjnation 
Prior to Trial 7 .. 
Article 175 Termination of Reexamination __________________ 7 .. 
Article 176 Reversal of Decision amI Remand _________________ 7 .. 
Article.l.7.L ..... Deleted. _______________________ 75 
CHAPTER VIII RETRIAL 
Article.HS ..... Rcque.sJJor .. Retri.a1 ____________________ 75 
Article 179 Request for Retrial on Account of Collusion 75 
Article 180 Time Limit for Request for Retrial 75 
Article 181 Restriction on Effects of Patent Rights Restored by Retrial 76 
Article 183 Non-exclusiye License for Person Deprived of a Non-exclusiye License by Retrial 77 
Article 184 Mutatis Mutandis Application of Provisions on Trial to Retrial ______ 77 
Article 185 Mutatis Mutandis Application of Provisions of the Code of Ciyil procedure __ 77 
CHAPTER IX LITlGAVON 
~A~rt~i~cl~e~1~8=6~A~c~ti~'o~n~oan~a~T~ri~a~I~D~e~ci~si~o~n~,e~t~c •. ___________________ 77 
Article 187 Qualification for Defendant ___________________ 78 
Article.1B.S ... _Nntific.ation.of.Imtitlltion .. of.Action . .and.Tr.ans.mittaLof.Do.cwnent 78 
Article 188bis Exclusion or Challenge of Technical Hearing Officials 78 
Article 189 Reyocation of Trial Decision or Ruling 79 
Article 190 Action Against Decision on Amount of Compensation or Remuneration 79 
Article.19.L ... D.efendantin . .aILActio.n.Relating.to .. CQmpens.ati.on.or..Remun~ration ____ 79 
CHAPTER X INTERNATWNAL APPLICATIONS UNDER THE PATENT COOPEBAUON 
TREATY 
Pn.rt.L..Inte.m«ti.Q11..«lApplkn.tiQl1..frQ/:.e.dHl.e. 
Article 192 Persons Capable of International Auplication ____________ 80 
Article 193 International Application 80 
Article 19" Recognition, ete. of Filing Date of International Application 81 
Artide.12.5 ..... ImitationJo.Amcndment __________________ 82 IP INIlIKOR/P1l 
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Article 196 International Apl)lication Considered to Have Been Withdrawn ______ 82 
Artidc.19..7.. ... Re-Pr.escntatin~ .•.. e.t£.. 82 
Article 198 Fees 83 
Article 198bis International Search and International Preliminary Examination _____ 83 
Part Il. Special Provisions on h1ternational Patent Applications 
Article 199 Patent Application Based on International Application _________ 83 
Article 200 Special Provision Concerning Presumption of Novelty of Inventions 84 
Articl.e.2.0L .. :rr.anshltiD.n.oflntc.rua.tional . .P..lltcntAppJication 84 
~A~rt~i~c~le~2~O~2~~S~(le~c~ia~I~P~r~o~v~is~io~n~s~o~n~C~I~ai~m~0~f~P~r~io~r~it~y ________________ 85 
Article 203 Submission of Document 86 
Article 204 Amendment after Receipt of the International Sean:h Report _______ 86 
Article 205 Amendment Before Establishment of the International Preliminary Examination 
~ 87 
Artick2116 .. _.Spc.cial..P.rm:ision.on.P.ate.ntAdmini.str.ator.Jo.I:.Nonr.esi.dents _______ 87 
Article 207 Special Provision on the Time and Effect of Laying-Open of Application 88 
Article 208 Special Provision on Amendment 88 
Article 209 Restriction on Timing of Dual AppJication 89 
Article 211 Regulation Concerning Submission of Documents Cited in the International Search 
Report, ete. 89 
Article 212 Special Provision on Ruling of Revocation ______________ 90 
Article 213 Special Provision on Invalidation Trial of Patent 90 
Artidc.21:L .. lntcr.national.AppJic.ation.Consi.dcr.edJD .. he . .a . .P..atentAp.p.lication.h,Y-.De.cision _ 90 
CHAPTER Xl SUPPLEMENTARYPROVISJQNS 
Artide.215._ .. Spc.cial..P.rmisiDJl.S.JocP.atenLo.I:.P..atenLRighL1riili.TlY.o .. of.Mor.e..C1.aims 91 
Artide.216_.lnspc.ctiun.ofDucummt.s ... ete. 91 
Article 217 Prohibition of Opening or Removal of Documents Relating to Patent Application, 
Examination, Opposition, Trial, Retrial or the Patent Register 92 
Article 217bis Agency for Computerizing Work of Patent Documents _________ 92 
Article 218 Transmittal of Documents 93 
Articl.e.2.1L .. Senice.h,Y- . .P..uhlk.N.otification _________________ 93 
Article 220 Senice to Nonresidents 93 
Article 221 pateDt Gazette 93 
Article 222 Suhmission of Documents, etc. ___________________ 94 
Artide.22.3_ .. ..P.atenUndication _____________________ 94 
Article 224 Prohibition of False Indicatjon ___________________ 94 
Article 22-lhis Restriction on Objection 94 
CHAPTER XlI PENAL PROVISIONS IP INI1IKORlP 11 
Page 9 
Article 225 Offense of Infringement ____________________ 95 
Arti.cle.22.6 ...... 0ffensf .. oLP.erjury 95 
Article 227 Offense of False Marking 95 
Article 228 Offense of Fraud 95 
Article 229 Offense of DiVUlging Secrets 95 
ArtkLc.229..bis. ..... Offic.crs.and.Emlllo.Jf.CS .. of.CoIllP.uter.izcd.PatcntD.oc.umcnt.s .. Pr.m:f.s.singAgenc):. 
as.P.ublk.Officials.;.II:rfD.uttablc.Pr.esumlltio.D 96 
Article 230 Dual Liability 96 
Article 231 Confiscation. etc. 96 
Article 232 Administrative Fine 96 
ADDE1YJ2A 97 
Article 1 Date of Ento' into EOr£e 97 
Article 2 C>i!neral Transitional Measures 97 
A.rti.cle .. ~L.AIlP.lication.of.D.i.s-p.osition..of.P.mc£.dur.cs.Relatf.d.to.Flling.of.P.atent.Ap.p.lication.Dy. 
Means.of..ElcctronkD.ocum.ents 98 
Article 4 Application of Requirements for Patents _______________ 98 
Article 5 Amendment of other Acts 98 IP/N/IIKORIPIl 
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CHAPTER I 
GENERAL PROVISIONS 
Article 1 Purpose 
The purpose of this Act shall be to encourage, protect and utilize inventions, 
thereby improving and developing technology, and to contribute to the 
development of industry. 
Article 2 Definitions 
The definitions of terms used in this Act shall be as follows: 
( i ) "invention" means the highly advanced creation of technical ideas 
utilizing rules of nature; 
( i i) "patented invention" means an invention for which a patent has been 
granted; and 
(iii) "working" means anyone of the following acts: 
(a) in the case of an invention of a product, acts of manufacturing, using, 
assigning, leasing, importing, or offering for assigning or leasing 
(including displaying for the purpose of assignment or lease) the 
product; 
(b) in the case of an invention of a process, acts of using the process; 
and 
(c) in the case of an invention of a process of manufacturing a product, 
acts of using, assigning, leasing, importing, or offering for assigning 
or leasing the product manufactured by the process, in addition to the 
acts mentioned in subparagraph (b). 
Article 3 Capacity of Minors, etc. 
(1) Minors, limited-competents and incompetents shall not initiate a procedure 
for filing an application, requesting examination, or others relating to a patent 
(hereinafter referred to as "procedure relating to a patent") unless represented 
by their legal representatives. However, this provision shall not apply where a 
minor or a limited competent can perform a legal act independently. 
(2) The legal representative as referred to in paragraph (1) may, without the 
consent of the family council, act in any opposition, trial, or retrial procedure 
relating to a patent initiated by another party. 
(3) Procedures relating to a patent, initiated by a person who lacks the requisite 
power of legal representation or competence or delegation necessary to initiate 
any such procedures, shall have retroactive effect if they are ratified by a person having such power of representation or competence. 
Article 4 Associations, etc., Other than Legal Entity IPINIlIKORIPIl 
Page 11 
A representative or an administrator, who has been so designated by an 
association or a foundation which is not a legal entity, may make a request for 
examination of a patent application, file an opposition to the grant of a patent, or 
appear as a plaintiff or defendant in a trial or a retrial in its own name. 
Article 5 Patent Administrator for Nonresidents 
(1) A person who has neither an address nor a place of business in the Republic 
of Korea (hereinafter referred to as a "nonresident") may not, except in cases 
where an application for registration under paragraph (3) has been made, or a 
Presidential Decree otherwise prescribes, initiate any procedure relating to a 
patent, nor appeal against any decision taken by an administrative agency in 
accordance with this Act or any decree thereunder, unless he is represented by 
an agent with respect to his patent, who has an address or a place of business in 
the Republic of Korea (hereinafter referred to as "patent administrator"). 
(2) The patent administrator shall, in addition to the powers specially conferred 
on him, represent the principal in all procedures relating to a patent and in any 
appeal against a decision taken by an administrative agency in accordance with 
this Act or any decree thereunder. 
(3) If a nonresident is the holder of a patent or has a registered right in a patent, 
the appointment or change of his patent administrator, or the grant of a power of 
attorney or the extinguishment thereof, shall not be effective against any third 
party unless it is registered. 
(4) When a nonresident intends to register the establishment of a patent right or 
during the term of a patent right, he shall appoint and register a patent 
administrator, as provided for in paragraph (1). 
Article 6 Scope of Powers of Attorney 
An agent, who is instructed to initiate a procedure relating to a patent before the 
Korean Industrial Property Office by a person who is domiciled or has his place 
of business in the Republic of Korea shall not, unless expressly so empowered, 
abandon or withdraw an application for a patent, withdraw an application for 
registration of an extension of the term of a patent right, withdraw a petition, 
withdraw a request for a motion, make or withdraw a priority claim under Article 
55(1), request for a trial under Article 132ter and 132quater, or appoint a sub­
representative. IP/N/IIKORlPIl 
Page 12 
Article 7 Proof of Powers of Attorney 
An agent (including a patent administrator, the same being applicable hereafter) 
of a person who is initiating a procedure relating to a patent before the Korean 
Industrial Property Office, but who is not a person referred to in Article 5(3), shall 
present written proof of his power of attorney. 
Article 8 Non-extinguishment of Powers of Attorney 
The power of attorney of an agent of a person initiating a procedure relating to a 
patent shall not be extinguished upon the death or loss of legal capacity of the 
principal, the extinguishment of a legal entity of the principal due to a merger, the 
termination of the duty of trust of the principal, the death or loss of legal capacity 
of the legal representative, or the modification or extinguishment of his power of 
attorney. 
Article 9 Independence of Representation 
Where two or more agents of a person initiating a procedure relating to a patent 
have been designated, each of them shall independently represent the principal 
before the Korean Industrial Property Office or the Industrial Property Tribunal. 
Article 10 Replacement of Agents, etc. 
(1) If the Commissioner of the Korean Industrial Property Office or the presiding 
trial examiner considers that a person initiating a procedure relating to a patent 
is not qualified to conduct such a procedure or make oral statements, etc. he 
may order, ex officio, the appointment of an agent to conduct the procedure. 
(2) If the Commissioner of the Korean Industrial Property Office or the presiding 
trial examiner considers that the agent of a person initiating a procedure relating 
to a patent is not qualified to conduct such a procedure or make oral statements, 
etc. he may order, ex officiO, the replacement of the agent. 
(3) The Commissioner of the Korean Industrial Property Office or the presiding 
trial examiner may, in the case referred to in paragraph (1) or (2) of this Article, 
order the appointment of a patent attorney to conduct the procedure. 
(4) The Commissioner of the Korean Industrial Property Office or the presiding 
trial examiner may invalidate any action taken before the Korean Industrial 
Property Office or the Industrial Property Tribunal by the person initiating a 
procedure relating to a patent referred to in paragraph (1) of this Article or by the 
agent referred to in paragraph (2), of this Article prior to the appointment or the 
replacement of the agent, referred to under paragraph (1) or (2), respectively, 
after the issuance of an order referred to under paragraph (1) or (2). Article 11 Representation of Two or More Persons IP/N/IIKOR/P1l 
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(1) Where two or more persons jointly initiate a procedure relating to a patent, 
each of them shall represent the joint initiators except for actions falling under 
any of the following subparagraphs; however, this provision shall not apply 
where those persons have appointed a common representative and have 
notified the appointment of the representative to the Korean Industrial Property 
Office or the Industrial Property Tribunal: 
( i ) abandonment or withdrawal of a patent application or withdrawal of an 
application for registration of an extension of term of a patent right; 
( i i) withdrawal of a petition; claim or withdrawal of a priority claim under 
Article 55(1); 
(iii) withdrawal of a request; and 
( iv) request for a trial under Article 132ter or 132quater. 
(2) Where the common representative has been appointed and notified under 
the provision of paragraph (1), a written proof of the fact that the representative 
has been appointed shall be presented. 
Article 12 Mutatis Mutandis Application of Provisions of the Code of Civil 
Procedure 
Except where there is an express provision relating to agents in the Patent Act, 
the provisions of Part I, Section 2, Subsection 4 of the Code of Civil Procedure 
shall apply mutatis mutandis to agents under this Act. 
Article 13 Venue of Nonresidents 
If a nonresident has appointed a patent administrator with respect to his patent 
right or other right relating to a patent, the domicile or place of business of the 
patent administrator shall be considered to be that of the nonresident. Where 
there is no such patent administrator, the location of the Korean Industrial 
Property Office shall be regarded as the seat of the property under Article 9 of 
the Code of Civil Procedure. 
Article 14 Calculation of Time Limits 
The time limits provided for in the Patent Act, or any decrees thereunder shall be 
calculated as follows: 
( i ) the first day of the period shall not be counted unless the period starts 
at midnight; 
( i i) if the period is expressed in months or years, it shall be counted IP /N/l/KOR/P/l 
Page 14 
according to the calendar; 
(iii) if the start of the period does not coincide with the beginning of a 
month or year, the period shall expire on the day preceding the date in the 
last month or year of the period corresponding to the date on which the 
period started; however, if there is no corresponding day in the last month, 
the period shall expire on the last day of that month; and 
( iv) if the last day of a period falls on an official holiday, including the 
Labor Day designated by the Labor Day Designation Act, the period shall 
expire on the working day following such holiday. 
Article 15 Extension of Time Limits, etc. 
(1) The Commissioner of the Korean Industrial Property Office or the President 
of the Industrial Property Tribunal may extend, for the benefit of a person 
residing in an area that is remote or difficult to access, the period for submitting 
an amendment of grounds for opposition according to Article 70(1) or the period 
for demanding a trial under Article 132ter or 132quater upon a request or ex 
officio. 
(2) When the Commissioner of the Korean Industrial Property Office, the 
President of the Industrial Property Tribunal, a presiding trial examiner or an 
examiner has designated a time limit for a procedure relating to a patent to be 
initiated under the Patent Act, extend it upon a request or ex officio. 
(3) When a presiding trial examiner or an examiner has designated a date for 
taking a procedure relating to a patent under the Patent Act, he may change the 
date upon a request or ex officio. 
Article 16 Invalidation of Procedure 
(1) When a person who has been notified to make an amendment in accordance 
with Article 46 fails to do so within the designated time limit, or when a person 
who intends to obtain the establishment of a patent right fails to pay the patent 
fee within the time limit as prescribed by the Ordinance of the Ministry of 
Commerce, Industry and Energy under Article 79(2), the Commissioner of the 
Korean Industrial Property Office or the President of the Industrial Property 
Tribunal may invalidate the procedure relating to the patent. 
(2) When a procedure has been invalidated under paragraph (1), if the delay of 
the time is deemed to have been caused by a natural disaster or other 
unavoidable circumstances, the Commissioner of the Korean Industrial Property 
Office or the President of the Industrial property Tribunal may revoke a 
disposition of invalidation at the request of a person who received an invitation to 
amend or a person who intends to have the establishment of a patent right 
registered within fourteen days from the date on which the reasons for the delay 
ceased to exist. However, this provision shall not apply in a case where one 
year elapsed after the said period expires. Article 17 Subsequent Completion of Procedure IP/N/l/KOR/PIl 
Page 15 
If a person who initiated a procedure relating to a patent has failed to observe 
the time limit for requesting a trial under Article 132ter or 132quater, or the time 
limit for demanding a retrial under Article 180(1) due to a natural disaster or 
other unavoidable circumstances, he may subsequently complete the procedure 
within fourteen days after the said reason ceases to exist. However, this 
provision shall not apply in a case where one year has elapsed after the said 
period expires. 
Article 18 Succession of Procedural Effects 
The effects of a procedure taken in relation to a patent or other right relating to a 
patent shall extend to the successor in title. 
Article 19 Continuation of Procedure by Successor 
Where a patent right or other right relating to a patent is transferred while a 
procedure relating to the patent is pending before the Korean Industrial Property 
Office or the Industrial Property Tribunal, the Commissioner of the Korean 
Industrial Property Office or the presiding trial examiner may require the 
successor in title to continue the procedure relating to the patent. 
Article 20 Interruption of Procedure 
If any procedure relating to a patent pending before the Korean Industrial 
Property Office or the Industrial Property Tribunal falls under any of the following 
subparagraphs, it shall be interrupted, unless there is a representative 
authorized to conduct the procedure: 
( i ) when the party involved has died; 
( i i) when the legal entity involved has ceased to exist by reason of merger; 
(iii) when the party involved has lost the ability to conduct the procedure; 
(iv) when the legal representative of the party involved has died or lost his 
power; 
( v) when the commission of a trustee given by the trust of the party 
involved has terminated; or 
(vi) where the representative as provided in the provisions of Article 11 (1 ) 
has died or lost his qualification. 
Article 21 Resumption of an Interrupted Procedure IPINIlIKORIPIl 
Page 16 
When a procedure pending in the Korean Industrial Property Office or the 
Industrial Property Tribunal has been interrupted in the manner referred to in 
Article 20, any person who falls under any of the following subparagraphs shall 
resume the procedure: 
( i ) in the case as provided for under Article 20(i), the deceased person's 
successor, administrator of inheritance, or other person authorized to 
pursue the procedure under the Act; however, the deceased person's 
successor may not resume the procedure until such time as his right to 
succession is no longer subject to renunciation; 
( i i) in the case as provided for under Article 20(ii), the legal entity 
established by or existing after the merger; 
(iii) in the cases as provided for under Article 20(iii) and (iv), the party 
whose ability to take the necessary procedure has been restored or 
any person who becomes the legal representative of the party, 
respectively; 
( iv) in the case as provided for under Article 20(v), a new trustee; and 
( v ) in the case as provided for under Article 20(vi), a new representative or 
each joint initiator involved. 
Article 22 Request for Continuation 
(1) The request for continuation of an interrupted procedure under Article 20 may 
be made by an opposite party. 
(2) When a request for continuation of an interrupted procedure interrupted 
under Article 20 is made, the Commissioner of the Korean Industrial Property 
Office or the presiding trial examiner shall notify the opposite party. 
(3) The Commissioner of the Korean Industrial Property Office or the trial 
examiner shall, if it has been deemed that there are no grounds for granting the 
request for continuation of the interrupted procedure under Article 20, dismiss 
the request by decision after examining the request, ex officio. 
(4) The Commissioner of the Korean Industrial Property Office or the trial 
examiner, shall decide, upon the request for continuation, whether to permit 
resumption of the interrupted procedure after a certified copy of the decision, 
ruling or trial decision was sent. 
(5) If a person referred to in Article 21 does not take over the interrupted 
procedure, the Commissioner of the Korean Industrial Property Office or the trial 
examiner shall, ex officio, designate a period within which he shall resume such 
procedure. 
(6) If no request for continuation has been made within the designated period 
provided in paragraph (5), it is considered that the continuation has been made 
on the day following the expiration of such designated period. IP /N1l/KOR/P1l 
Page 17 
(7) If the Commissioner of the Korean Industrial Property Office or the presiding 
trial examiner deems that the continuation made in accordance with paragraph 
(6), he shall so notify the parties involved. 
Article 23 Suspension of Procedure 
(1) If the Commissioner of the Korean Industrial Property Office or the trial 
examiner is unable to carry out his duties due to a natural disaster or other 
unavoidable circumstances, the procedure pending in the Korean Industrial 
Property Office or the Industrial Property Tribunal shall be suspended until such 
impediments cease to exist. 
(2) If a party involved is unable to pursue a procedure pending in the Korean 
Industrial Property Office or the Industrial Property Tribunal on account of 
impediments of indefinite duration, the Commissioner of the Korean Industrial 
Property Office or the trial examiner may order its suspension by decision. 
(3) The Commissioner of the Korean Industrial Property Office or the trial 
examiner may cancel the decision issued under paragraph (2). 
(4) If a procedure is suspended under paragraphs (1) or (2), or a decision is 
canceled under paragraph (3), the Commissioner of the Korean Industrial 
Property Office or the trial examiner shall so notify the parties involved. 
Article 24 Effects of Interruption or Suspension 
The interruption or suspension of a procedure relating to a patent pending in the 
Korean Industrial Property Office shall suspend the running of a term and the 
entire term shall start to run again from the time of the notification of the 
continuation or resumption of the procedure. 
Article 25 Capacity of Foreigners 
Foreigners who have neither an address nor a place of business in the Republic 
of Korea shall not enjoy patent rights or other rights relating to a patent, except 
as provided for in anyone of the following subparagraphs: 
( i ) where their country allows nationals of the Republic of Korea to enjoy 
patent rights or other rights relating to a patent under the same 
conditions as its own nationals; 
( i i) where their country allows nationals of the Republic of Korea to enjoy 
patent rights or other rights relating to a patent under the same 
conditions as its own nationals in the case that the Republic of Korea 
allows their country's nationals to enjoy patent rights or other rights 
relating to a patent; or 
(iii) where they may enjoy patent rights or other rights relating to a patent IP INIlIKORlP /l 
Page 18 
according to a treaty or equivalents of a treaty (hereinafter referred to 
as "treaty"). 
Article 26 Effects of Treaty 
Where a treaty contains special provisions relating to patents that are different 
from those of the Patent Act, such special provisions shall prevail. 
Article 27 Subsidies for Encouragement of Inventions 
The Government may grant a subsidy to encourage inventive activities under the 
conditions provided in the Presidential Decree. 
Article 28 Effective Date of Submitted Documents 
(1) Applications, demands or other documents (including articles, the same 
applying hereafter in this provision) submitted to the Korean Industrial Property 
Office or the Industrial Property Tribunal under the provisions of the Patent Act, 
or any decree thereunder, shall be effective as of the date on which they are 
delivered to the Korean Industrial Property Office or the Industrial Property 
Tribunal. 
(2) Where applications, demands or other documents are submitted by mail to 
the Korean Industrial Property Office or the Industrial Property Tribunal, they are 
deemed to be delivered to the Korean Industrial Property Office or the Industrial 
Property Tribunal on the date as stamped by the mail service if the stamped date 
is clear; however, if such stamped date is unclear they are deemed to be 
delivered on the date when the mail was submitted to a post office, provided that 
such date is proved by a receipt therefor. However, this provision shall not 
apply in cases where written applications for registration of a patent right and 
other rights related thereto and documents concerning an international 
application under Article 2(vii) of the Patent Cooperation Treaty (hereinafter 
referred to as an "international application") are submitted by mail. 
(3) deleted. 
(4) Details concerning the submission of documents with regard to the delay of 
mail, loss of mail, or interruption of mail service, other than the provisions of 
paragraphs (1) to (2), shall be prescribed by the Ordinance of the Ministry of 
Commerce, Industry, and Energy. 
Article 28bis Entry of Identification Number 
(1) A person who initiates a procedure for patent as prescribed by the Ordinance 
of the Ministry of Commerce, Industry and Energy (excluding a person to whom 
an identification number has already been granted under paragraph (2) or (3)), 
shall apply for the grant of his identification number to the Korean Industrial Property Office or the Industrial Property Tribunal. IP/N/1/KORJP/1 
Page 19 
(2) If any person makes an application under paragraph (1), the Commissioner 
of the Korean Industrial Property Office or the President of the Industrial 
Property Tribunal shall grant an identification number and notify him thereof. 
(3) If a person who initiates a procedure for patent under paragraph (1) fails to 
apply for the grant of an identification number, the Commissioner of the Korean 
Industrial Property Office or the President of the Industrial Property Tribunal shall, 
ex officio, grant a identification number and notify him thereof. 
(4) If a person to whom an identification number has been granted under 
paragraph (2) or (3) initiates a procedure for patent, he shall enter his 
identification number in any document as prescribed by the Ordinance of the 
Ministry of Commerce, Industry and Energy. In this case, notwithstanding the 
provisions of this Act or any decree thereunder, a domicile (a place of business 
and the name of the representative, in case of a legal entity) may not be entered 
in said document. 
(5) The provisions of paragraphs (1) to (4) shall apply mutatis mutandis to an 
agent of a person who initiates a procedure for patent. 
(6) An application for grant of an identification number, the grant and notification 
thereof or other matters necessary therefor shall be prescribed by the Ordinance 
of the Ministry of Commerce, Industry and Energy. 
Article 28ter Procedure for Filing Patent Applications by Means of 
Electronic Documents 
(1) A person who initiates a procedure for patent may, pursuant to such methods 
as prescribed by the Ordinance of the Ministry of Commerce, Industry and 
Energy, convert a written application for a patent or other documents as 
presented to the Commissioner of the Korean Industrial Property Office or the 
President of the Industrial Property Tribunal under this Act into electronic 
documents, and may present them through any computerized network or by a 
floppy disk in which they are written. 
(2) Electronic documents as presented under paragraph (1) shall have the same 
effect as other documents presented under this Act. 
(3) Electronic documents as presented through a computerized network under 
paragraph (1) shall, if a presenter thereof confirms a receipt number through a 
computer network, be deemed to have been received as contents written in a file 
of a computer system for receipt operated by the Korean Industrial Property 
Office or the Industrial Property Tribunal. 
(4) The kinds of documents capable of being presented by means of electronic 
documents under paragraph (1) and the methods of such presentation or other IP/N/l/KORlP/l 
Page 20 
necessary matters shall be prescribed by the Ordinance of the Ministry of 
Commerce, Industry and Energy. 
Article 28quater Report on Use of Electronic Documents and Electronic 
Signature 
(1) A person who intends to initiate a procedure for patent by means of electronic 
documents shall, in advance, report the use thereof to the Commissioner of the 
Korean Industrial Property Office or the President of the Industrial Property 
Tribunal, and shall affix his electronic signature so that the presenters may be 
discerned. 
(2) Electronic documents as presented under Article 28ter shall be deemed to 
have been filed by the person who affixes his electronic signature under 
paragraph (1 ). 
(3) Matters necessary for procedures of report on use of electronic documents 
and the methods of electronic signature as prescribed under paragraph (1), shall 
be prescribed by the Ordinance of the Ministry of Commerce, Industry and 
Energy. 
Article 28quinquies Notification, etc. through a Computerized Network 
(1) If the Commissioner of the Korean Industrial Property Office, the President of 
the Industrial Property Tribunal, a presiding trial examiner, a trial examiner, a 
presiding examiner, or an examiner intends to give notification and make 
transmission (hereinafter referred to as a "notification") of any pertinent 
documents to a person who reports the use of electronic documents under 
Article 28quater(1), he may do so through a computerized network. 
(2) The notification of any pertinent documents given through a computerized 
network under paragraph (1) shall have the same effect as that given in writing. 
(3) The notification of any pertinent documents under paragraph (1) shall, if it is 
written in a file of a computer system operated by a person who receives said 
notification, be deemed to reach as contents written in a file of a computer 
system for transmission operated by the Korean Industrial Property Office or the 
Industrial Property Tribunal. 
(4) Matters necessary for the classification and the methods of such notification 
as given through a computerized network under paragraph (1) shall be 
prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy. CHAPTER 11 
REQUIREMENTS FOR PATENTS AND PATENT 
APPLlCA TION 
Article 29 Requirements for Patents IPINIlIKORlP/1 
Page 21 
(1) Inventions which have industrial applications may be patentable unless they 
fall under any of the following subparagraphs: 
( i ) inventions publicly known or worked in the Republic of Korea prior to 
the filing of the patent application; or 
( i i) inventions described in a publication distributed in the Republic of 
Korea or in a foreign country prior to the filing of the patent application. 
(2) Notwithstanding paragraph (1), where an invention could easily have been 
made prior to the filing of the patent application by a person having ordinary skill 
in the art to which the invention pertains, on the basis of an invention referred to 
in each subparagraph of paragraph (1), a patent shall not be granted for such an 
invention. 
(3) Notwithstanding paragraph (1), where an invention for which a patent 
application is filed is identical with an invention or device described in the 
specification or drawings initially attached to another patent application which 
was laid open or published after grant for public inspection after the filing date of 
said patent application or to a utility model application which was published after 
grant for public inspection after the filing date of said patent application, a patent 
shall not be granted for the invention of the said patent application. This 
provision shall not apply, however, in cases where the inventor of the patent 
application concerned and the inventor of the other patent or utility model 
application are the same person or where the applicant of the patent application 
and the applicant of the other patent or utility model application are the same 
person at the time of filing. 
(4) Where the other patent or utility model application under paragraph (3) is an 
international application which is deemed to be a patent application under Article 
199(1) of this Act or which is deemed to be a utility model registration application 
under Article 57(1) of the Utility Model Act (including an international application 
considered to be a patent application under Article 214(4) of this Act or a utility 
model application under Article 71(4) of the Utility Model Act), in applying the 
provisions of paragraph (3), "laid open" shall read "laid open or was the subject 
of an international publication under Article 21 of the Patent Cooperation Treaty" 
and "an invention or device described in the specification or drawings originally 
attached" shall read "an invention or device described both in the specification, 
claims, or drawings of the international application as of the international filing 
date, and in the translated version thereof.I! 
Article 30 Inventions Deemed to be Novel IP INIlIKORIPIl 
Page 22 
(1) If a patentable invention falls under any of the following subparagraphs, it 
shall be recognized to be novel provided that the patent application therefor is 
filed within six months of the applicable date: 
( i ) when a person having the right to obtain a patent has caused his 
invention to fall within the terms of any of the subparagraphs in Article 
29(1) by conducting an experiment on it, publishing the invention in 
printed matter, or presenting it in writing at an academic meeting held 
by an academic organization; 
( i i) when, against the intention of the person having the right to obtain a 
patent, the invention falls within the terms of any of the subparagraphs 
in Article 29( 1); or 
(iii) when a person having the right to obtain a patent has caused his 
invention to fall within the terms of any of the subparagraphs of Article 
29(1) by displaying his invention at an exhibition which satisfies any of 
the following requirements: 
(a) exhibitions held by the Government or a local governmental entity; 
(b) exhibitions held by persons authorized by the Government or a local 
governmental entity; 
(c) exhibitions held in a foreign country with the authorization of the 
government; or 
(d) exhibitions held in the territory of a country party to a treaty by the 
government of the said country or by persons authorized by the said 
government. 
(2) Any person desiring to take advantage of the provisions of paragraph (1 )(i) or 
(Hi) shall submit, simultaneously with his patent application, a written statement 
to that effect to the Commissioner of the Korean Industrial Property Office, to 
whom he shall also submit, within thirty days from the filing date of the patent 
application, a document proving the relevant facts. 
Article 31 Patent for Plant Invention 
Any person who invents a variety of plant which reproduces itself asexually may 
obtain a plant patent therefor. 
Article 32 Unpatentable Inventions 
Inventions liable to contravene public order or morality or to injure public health 
shall not be patentable, notwithstanding the provisions of Article 29(1) or (2). 
Article 33 Persons Entitled to Obtain a Patent IP/NIl/KOR/P1l 
Page 23 
(1) Any person who makes a new invention or his successor shall be entitled to 
obtain a patent in accordance with the Patent Act; however, employees of the 
Korean Industrial Property Office and the Industrial Property Tribunal shall not 
be entitled to obtain patents during their employment at the Office except in the 
case of inheritance or bequest. 
(2) If two or more persons jointly make an invention, the right to obtain a patent 
shall be jointly owned. 
Article 34 Patent Application Filed by an Unentitled Person; Protection of 
Actful Holder of the Right 
If a patent cannot be granted because an application was filed by a person who 
is not the inventor or a successor to the right to obtain a patent (hereinafter 
referred to as an "unentitled person") under Article 62(2), a subsequent 
application filed by the Actful holder of the right shall be deemed to have been 
filed on the date of filing of the initial application filed by the unentitled person. 
This provision shall not apply, however, if the subsequent application is filed by 
the Actful holder of the right more than thirty days after the date of the application 
filed by the unentitled person was rejected. 
Article 35 Patent Granted to an Unentitled Person; Protection of Actful 
Holder of the Right 
If a decision of revocation becomes final on the basis of Article 69(1 )(ii) or a 
decision of invalidation becomes final as prescribed in Article 133(1 )(ii), a 
subsequent application filed by the Actful holder of the right shall be deemed to 
have been filed on the filing date the revocated or invalidated application; 
however, this provision shall not apply if the subsequent application is filed more 
than two years after the publication date of the first application or more than 
thirty days after the decision of revocation or invalidation becomes final. 
Article 36 First-to-File Rule 
(1) Where two or more applications relating to the same invention are filed on 
different dates, only the applicant of the application having the earlier filing date 
may obtain a patent for the invention. 
(2) Where two or more applications relating to the same invention are filed on the 
same date, only the person agreed upon by all the applicants after consultation 
may obtain a patent for the invention. If no agreement is reached or no 
consultation is possible, none of the applicants shall obtain a patent for the 
invention. 
(3) Where a patent application has the same subject matter as a utility model 
application and the applications are filed on different dates, paragraph (1) shall IP/N/l/KOR/P/l 
Page 24 
apply mutatis mutandis whereas if they are filed on the same date, paragraph (2) 
shall apply mutatis mutandis. However, the provision of paragraph (2) shall not 
apply in any case where a patent application is made on the same date as a 
utility model registration application (including a patent application which is 
deemed to be made on the same date as a utility model registration application 
under Article 53(3)), as prescribed in Article 53 as a dual application. 
(4) Where a patent application or utility model application is invalidated or 
withdrawn, such application shall, for the purposes of paragraphs (1) to (3), be 
deemed never to have been filed. 
(5) A patent application or utility model application filed by a person who is not 
the inventor, creator, or successor in title to the right to obtain a patent or utility 
model registration shall, for the purposes of paragraphs (1) to (3), be deemed 
never to have been filed. 
(6) The Commissioner of the Korean Industrial Property Office shall in the case 
of paragraph (2), order the applicants to report to him the results of the 
consultation within a designated period of time. If such report is not submitted 
within the designated period, the applicants shall be deemed not to have 
reached an agreement within the meaning of paragraph (2). 
Article 37 Transfer of the Right to Obtain a Patent 
(1) The right to obtain a patent may be transferred. 
(2) The right to obtain a patent shall not be the subject of a pledge. 
(3) In the case of joint ownership of the right to obtain a patent, a joint owner 
shall not assign his share without the consent of all the other joint owners. 
Article 38 Succession to the Right to Obtain a Patent 
(1) The succession to the right to obtain a patent before the filing of the patent 
application shall not be effective against third persons unless the successor in 
title files the patent application. 
(2) Where two or more applications for a patent are filed on the same date on the 
basis of a right to obtain a patent for the same invention derived by succession 
from the same person, the succession to the right to obtain the patent by any 
person other than the one agreed upon by all the patent applicants shall not be 
effective. 
(3) Paragraph (2) shall also apply where a patent application and a utility model 
application are filed on the same date, on the basis of the right to obtain a patent 
and utility model registration for the same invention and device which has been 
derived by succession from the same person. IPINIlIKOR/P/l 
Page 25 
(4) The succession to the right to obtain a patent after the filing of the patent 
application shall not be effective unless the applicant files a notice of change of 
applicant, except in the case of inheritance or other general succession. 
(5) Upon inheritance or other general succession with respect to the right to 
obtain a patent, the successor in title shall notify the Commissioner of the 
Korean Industrial Property Office accordingly without delay. 
(6) Where two or more notifications are made on the same date, on the basis of 
a right to obtain a patent for the same invention that has been derived by 
succession from the same person, a notification made by any person other than 
the one agreed upon after consultations among all the persons who made 
notifications shall not be effective. 
(7) Article 36(6) shall apply mutatis mutandis to the cases under paragraphs (2), 
(3) or (6). 
Article 39 In-Service Inventions 
(1) An employer, a legal entity, or the Government or a local public entity 
(hereinafter referred to as a "employer") shall have a non-exclusive license to 
the patent right concerned, where an employee, an executive officer of such a 
legal entity, or a public official (hereinafter referred to as a "employee") or 
successor in title has obtained a patent for an invention which, by reason of its 
nature, falls within the scope of the business of the employer and an act or acts 
resulting in the invention(hereinafter referred to as "in-service invention") were 
part of the present or past duties of the employee 
(2) An in-service invention made by a public official shall pass to the State and 
the patent right shall thereby revert to the State. 
(3) In the case of an invention made by an employee which is not an in-service 
invention, any contractual provision or any provision of service regulation 
providing in advance that the right to obtain a patent or the patent right shall pass 
to the employer or that the employer shall have an exclusive license on such 
invention, shall be null and void. 
(4) Notwithstanding Article 6 of the National Property Act, the disposal and 
management of a patent right which has reverted to the State, in accordance 
with paragraph (2), shall be governed by the Commissioner of the Korean 
Industrial Property Office. 
(5) A disposal and management of a patent right under paragraph (4) which has 
reverted to the State shall be prescribed by Presidential Decree. 
Article 40 Remuneration for In-Service Inventions IPINIlIKORIPIl 
Page 26 
(1) The employee shall have the right to obtain reasonable remuneration when 
he has transferred to the employer the right to obtain a patent or the patent right 
with respect to an in-service invention, or has given the employer an exclusive 
license in accordance with a contract or service regulation. 
(2) The amount of the remuneration provided for in paragraph (1) shall be 
calculated in accordance with the profits to be realized by the employer from the 
invention and the extent of the employer's contribution to the creation of the 
invention; any suggestion made by the employee as to the method of settlement 
shall also be taken into account. 
(3) If the State succeeds to an in-service invention made by a public official, the 
State shall provide reasonable remuneration to the public official. Matters 
relating to the payment of remuneration, etc., shall be prescribed by Presidential 
Decree. 
(4) Deleted. 
Article 41 Inventions Necessary for National Defense, etc. 
(1) If an invention is necessary for the national defense, the Government may 
order an inventor, an applicant, or an agent not to file a patent application for 
such invention in foreign patent offices concerned or to keep such invention 
confidential. However, if such persons obtain permission from the Government, 
they may file an application therefor in foreign patent offices. 
(2) If an invention filed with the Korean Industrial Property Office is considered 
necessary for national defense, the Government may refuse for grant a patent 
and, for reasons of national defense such as in time of war, incident or other 
similar emergency, may expropriate the right to obtain a patent therefor. 
(3) The Government shall pay reasonable compensation for the loss arising from 
maintaining secrecy under paragraph (1). 
(4) The Government shall pay reasonable compensation in the event that a 
patent is not granted, or the right to obtain a patent is expropriated under 
paragraph (2). 
(5) If there has been a violation of an order prohibiting the filing of an application 
for an invention in a foreign patent office concerned or of an order to maintain 
secrecy under paragraph (1), the right to obtain a patent therefor shall be 
deemed to be abandoned. 
(6) If there has been a violation of an order to maintain secrecy under paragraph 
(1), the right to request the payment of compensation for the loss arising from 
maintaining secrecy shall be deemed to be abandoned. IP /N/l/KORlP/l 
Page 27 
(7) Matters relating to the procedure, etc., for prohibiting the filing of an 
application abroad, proceedings for maintaining secrecy under paragraph (1), or 
for expropriation or payment of compensation under paragraphs (2) to (4) shall 
be prescribed by Presidential Decree. 
Article 42 Patent Application 
(1) Any person desiring to obtain a patent shall file a patent application with the 
Commissioner of the Korean Industrial Property Office stating the following: 
( i ) the name and the domicile of the applicant (in the case of a legal entity, 
the title, place of business and the name of its representative); 
( i i) the name and the domicile, or place of business, of the agent, if any; 
(iii) the date of filing; 
(iv) the title of the invention; 
( v ) the name and the domicile of the inventor; and 
(vi) matters prescribed in Articles 54(3) and 55(2) (only when claiming a 
priority right). 
(2) The patent application under paragraph (1) shall be accompanied by a 
specification, drawing or drawings (if necessary), and an abstract stating the 
following: 
( i ) the title of the invention; 
( i i) a brief explanation of the drawings; 
(iii) a detailed description of the invention; and 
(iv) claim(s). 
(3) The detailed description of the invention under paragraph (2)(iii) shall state 
the purpose, construction, and effect of the invention in such a manner that it 
may easily be carried out by a person having ordinary skill in the art to which the 
invention pertains. 
(4) The claim(s) under paragraph (2)(iv) shall describe the matter for which 
protection is sought in one or more claims (hereinafter referred to as "claim(s)") 
and the claim( s) shall comply with each of the following sub-paragraphs: 
( i ) the claim( s) shall be supported by a detailed description of the 
invention; 
( i i) the claim( s) shall define the invention clearly and concisely; and 
(iii) the claim( s) shall define only the features indispensable for the 
constitution of the invention. 
(5) Details concerning the drafting of claim(s) under paragraph (2)(iv) shall be IP/NI1 IKORlPIl 
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prescribed by Presidential Decree. 
(6) Details concerning the description of an abstract under paragraph (2) shall be 
prescribed by the Ordinance of the Ministry of Commerce, Industry, and Energy. 
Article 43 Abstract 
An abstract under Article 42(2) shall not be interpreted to define the scope of the 
invention for which protection is sought but rather, shall serve as a technical 
information document. 
Article 44 Joint Applications 
Where the right to obtain a patent is owned jointly under Article 33(2), all the joint 
owners shall apply for the patent application jointly. 
Article 45 Scope of One Patent Application 
(1) A patent application shall relate to one invention only. However, a group of 
inventions so linked as to form a single general inventive concept may be the 
subject of a patent application. 
(2) The requirements for one patent application under paragraph (1) shall be 
prescribed by Presidential Decree. 
Article 46 Amendment of Procedure 
The Commissioner of the Korean Industrial Property Office, the president of the 
Industrial Property Tribunal or the presiding trial examiner may order 
amendments to a procedure relating to a patent, designating a time limit if such a 
procedure falls under any of the following subparagraphs: 
( i ) where the procedure has not complied with the provisions of Article 3(1) 
or6; 
(ii) where the procedure has not complied with the formalities specified in 
the Patent Act or Presidential Decree thereof; or 
(iii) where fees required in accordance with Article 82 have not been paid. 
Article 47 Amendment of Patent Application 
(1) An applicant may, excluding the cases specified in paragraph (2), amend any 
specification or drawings attached to a patent application to the extent that it 
does not change the subject matter of the specification or drawings originally 
attached to the application within one year and three months from the date specified in any of the following subparagraphs: 
( i ) the filing date of the patent application; IP /NI llKORIP 11 
Page 29 
( i i) the priority date, where a patent application contains a priority claim 
under Article 54(1); 
(iii) the filing date of the earlier application, as prescribed in Article 55( 1 ), 
where a patent application contains a priority claim under the 
provisions of Article 55(1); or 
(iv) the earliest filing date among the filing dates of two or more applications 
which are the basis for claiming a priority right in a patent application 
under Article 54( 1) or 55( 1 ). 
(2) After the expiration of one year and three months from any of the dates 
specified in any of the subparagraphs of paragraph (1), but prior to the 
transmittal of a certified copy of the decision to grant a patent, an applicant may 
amend the specification or drawings attached to the application to the extent that 
it does not change the scope of the subject matter, in any of the following cases: 
( i ) where the amendment is made simultaneously with a request for an 
examination of the application under Article 59; 
( i i) where the amendment is made within three months from receipt of the 
notice under Article 60(3); 
(iii) where the amendment is made within the time limit designated for 
submission of arguments under Article 63; or 
(iv) where the amendment is made within thirty days from the filing date of 
a request for trial against a final rejection under Article 132ter. 
Article 48 Change of Subject Matter 
An amendment enlarging, restricting or changing the scope of patent claims 
regarding the features disclosed in the specification or drawing originally 
attached to the application made prior to the transmittal of a certified copy of the 
decision to grant a patent shall be deemed not to change the essential subject 
matter of the specification. 
Article 49 Amendment of Specification, etc. and Change of Subject Matter 
(1) Where an amendment to a specification or drawings attached to a patent 
application, made prior to the transmittal of a certified copy of the decision to 
grant a patent, is determined to have changed the subject matter of the 
specification or drawings after the establishment of the patent right is registered, 
the patent application shall be deemed to have been filed at the time when the 
amendment in writing was submitted. 
(2) If a dual application, as prescribed in Article 53, is recognized to modify the IP INI1IKORIP 11 
Page 30 
essentials of such matters, as stated in the claims of the utility model registration 
in the specification, which are initially attached to the application for utility model 
registration after the establishment of the patent right is registered, said dual 
application shall be deemed to have been filed at the time when the application 
in writing was submitted. 
Article 50 Deleted 
Article 51 Rejection of Amendment 
(1) Where an amendment of the specification or drawings attached to a patent 
application, made prior to the transmittal of a certified copy of the decision to 
grant a patent, would change the subject matter thereof, the examiner shall 
reject the amendment by a decision. 
(2) Where a decision to reject an amendment under paragraph (1) has been 
made, the examiner's decision with respect to the patent application concerned 
shall not be rendered until the expiration of thirty days from the transmittal of a 
certified copy of such decision. 
(3) Where an applicant has requested a trial under Article 132quater against a 
decision to reject an amendment under paragraph (1), the examiner shall 
suspend the examination of the patent application until the trial decision has 
become final and conclusive. 
(4) Deleted. 
(5) The decision to reject an amendment under paragraph (1) shall be made in 
writing and shall state the reasons therefor. 
(6) Deleted. 
Article 52 Division of Patent Application 
(1) An applicant who has filed a patent application comprising of two or more 
inventions may divide the application into two or more applications in 
accordance with the time period allowed for amendment as prescribed under 
Article 47 or within the time limit by which the specification or drawings attached 
to the patent application may be amended. 
(2) A patent application divided under paragraph (1) (hereinafter referred to as g 
"divisional application") shall be deemed to have been filed at the time of filing of 
the original patent application. However, in applying the provisions of the 
following subparagraphs to said divisional application, such an application shall 
be deemed to be made at the time when the divisional application was filed: 
( i ) in the case where Article 29(3) of this Act or Article 5(3) of the Utility IPINIlIKORIPIl 
Page 31 
Model Act is applicable when the divisional application falls under an 
another patent application under Article 29(3) of this Act or a patent 
application under Article 5(3) of the Utility Model Act; 
( i i ) in the case where Article 30(2) is applicable; 
(iii) in the case where Article 54(3) is applicable; or 
(iv) in the case where Article 55(2) is applicable. 
(3) In a divisional application, any person claiming priority as prescribed in Article 
54, may file the documents as prescribed in paragraph (4) of the said Article with 
the Commissioner of the Korean Industrial Property Office within three months 
after filing a divisional application, regardless of the period as prescribed in the 
said paragraph of the said Article. 
Article 53 Dual Application 
(1) A person who makes an application for utility model registration may make an 
application for patent (hereinafter referred to as a "dual application") within the 
limit of such matters as stated in the claims of the utility model registration in the 
specification, which are initially attached to the application for said utility model 
registration within one year from the date when the establishment of a utility 
model right has been registered. 
(2) A person who makes a dual application under paragraph (1) shall, at the time 
when an application for patent is made, indicate the purpose thereof and the 
application for utility model registration, which forms the basis thereof in an 
application for a patent. 
(3) When a dual application is carried out pursuant to paragraph (1), the 
application for patent shall be deemed to have been filed on the filing date of the 
utility model application. However, in a case where the provisions of the 
following subparagraphs apply to such an application for patent, it is deemed to 
be made at the time when said dual application is made: 
( i ) in the case where Article 29(3) of this Act or Article 5(3) of the Utility 
Model Act is applicable when the application for patent falls under an 
another patent application under Article 29(3) of this Act or a patent 
application under Article 5(3) of the Utility Model Act; 
( i i ) in the case where Article 30(2) is applicable; 
(Hi) in the case where Article 54(3) is applicable; or 
(iv) in the case where Article 55(2) is applicable. 
(4) A person who claims a priority, as prescribed in Article 54, in making an 
application for a patent under paragraph (1) may, notwithstanding the provision 
of paragraph (4) of said Article, submit such documents as prescribed in said 
paragraph to the Commissioner of the Korean Industrial Property Office within 
three months after he makes the dual application. IPINIlIKOR/PIl 
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Article 54 Priority Claim under Treaty 
(1) If a national of one of the countries which recognizes under a treaty a right of 
priority for a patent application filed by a national of the Republic of Korea, 
claims the right of priority for a patent application in the Republic of Korea on the 
basis of the initial application for the same invention in his country or in one of 
the said countries, the filing date of the initial application in the foreign country 
shall be deemed to be the filing date in the Republic of Korea for the purposes of 
Articles 29 and 36. Where a national of the Republic of Korea has filed a patent 
application in a country which recognizes under a treaty the right of priority for 
patent applications filed by nationals of the Republic of Korea, and claims the 
right of priority for a patent application in the Republic of Korea on the basis of 
the initial application for the same invention in the said country, this provision 
shall also apply. 
(2) A person intending to claim the right of priority in accordance with paragraph 
(1) shall file a patent application claiming the right of priority within one year from 
the filing date of the initial application. 
(3) A person intending to claim the right of priority in accordance with paragraph 
(1) shall specify such claim, the name of the country in which the initial 
application was filed and the filing date of such application in the patent 
application which he files in the Republic of Korea. 
(4) A person who has claimed the right of priority in accordance with paragraph 
(1) shall submit to the Commissioner of the Korean Industrial Property Office a 
written statement setting forth the filing date of the application and a copy of the 
specification and drawings of the initial application certified by the government of 
the country where the initial application was filed within one year and four 
months from the earliest among the dates prescribed in the following 
subparagraphs: 
( i ) the date of the application first filed in the country which is a party to a 
treaty; 
(ii) the filing date of the earlier application which would be the basis for 
claiming a priority right in cases where a patent application contains 
other priority claims in accordance with Article 55(1); or 
(iii) the filing date of the application which would be the basis for claiming a 
priority right in cases where a patent application contains other priority 
claims in accordance with paragraph (3). 
(5) Where a person who has claimed the right of priority in accordance with 
paragraph (3) fails to submit the document prescribed under paragraph (4) within 
the prescribed time limit, the claim to the right of priority shall lose its effect. 
Article 55 Priority Claim Based on Patent Application, etc. IPINIlIKORlPIl 
Page 33 
(1) A person desiring to obtain a patent may claim the right of priority for an 
invention claimed in a patent application which has been disclosed in the 
description or drawings originally attached to a patent or utility model application, 
for which he has the right to obtain a patent or utility model registration, and 
which has been filed earlier (hereinafter referred to as an "earlier application") 
except in any of the following cases: 
( i ) where the patent application concerned is filed more than one year 
from the filing date of the earlier application; 
( i i) where the earlier application is a divisional application under Article 
52(2) or a dual application under Article 53 of this Act or a divisional 
application under Article 16(2) of the Utility Model Act or a dual 
application under Article 17 of the Utility Model Act; 
(iii) where the earlier application has been abandoned, invalidated or 
withdrawn at the time the patent application is filed; 
(iv) where an examiner's decision, or a trial decision on the earlier 
application has become final and conclusive; or 
( v ) where the earlier application is registered under Article 35(2) of the 
Utility Model Act at the time when said patent application is made. 
(2) A person intending to claim the right of priority under paragraph (1) shall, 
simultaneously with the patent application, make such a claim and identify the 
earlier application in the patent application. 
(3) For inventions which are amongst those described in a patent application 
containing a priority claim under paragraph (1), which are disclosed in the 
specification or drawings originally attached to the earlier application which 
would be the basis for claiming a priority right, [excluding those inventions 
disclosed in the specification or drawings submitted at the time of the filing of an 
application whose priority is claimed for an earlier application in the case where 
that earlier application contains a priority claim under paragraph (1) of this Article 
or under Article 40(1) of the Paris Convention for the Protection of Industrial 
Property] the patent application shall be considered to have been filed at the 
time when the earlier application was filed for the purpose of Articles 29(1) or (2), 
and 29(3) (principal sentence), 30(1), 36(1) to (3), 96(1)(iii), 98,103,105(1) and 
(2), 129 and 136(3) of the Patent Act, Articles 8(3), (4) and 39 of the Utility Model 
Act, or Articles 45 and 52(3) of the Design Act. 
(4) For inventions which are amongst those described in the specification of 
drawings originally attached to a patent application containing a priority claim 
under paragraph (1), which are disclosed in the specification or drawings 
originally attached to the earlier application which would be the basis for claiming 
a priority right, [excluding those inventions disclosed in the specification or 
drawings submitted at the time of the filing of an application whose priority is 
claimed for an earlier application in the case where that earlier application 
contains a priority claim under paragraph (1) of this Article or under Article 40(1) 
of the Paris Convention for the Protection of Industrial Property] the laying open 
of the earlier application for public inspection shall be considered to have been IP/N/lIKOR/P1l 
Page 34 
effected at the time when the publication after registration of a patent right or the 
laying open of the patent application for public inspection was effected, for the 
purposes of the principal sentence of Article 29(3) of the Patent Act and the 
principal sentence of Article 5(3) of the Utility Model Act. In this case, where the 
earlier application is an international application which is deemed to be a patent 
application under Article 199(1) of this Act or which is deemed to be a utility 
model registration application under Article 57(1) of the Utility Model Act 
(including an international application considered to be a patent application or a 
utility model application under Article 214(4) of the Patent Act or Article 71 (4) of 
the Utility Model Act), "an invention or device described both in the specification, 
claim or drawings of the international application as of the international filing date 
and in the translated version thereof' in Article 29(4) of the Patent Act shall read 
"an invention or device described in the specification, claim or drawings of the 
international application as of the international filing date." 
Article 56 Withdrawal of Earlier Application, etc. 
(1) The earlier application whose priority is claimed under Article 55(1) shall be 
deemed withdrawn at the expiration of one year and three months from the filing 
date of that earlier application. However, this provision shall not apply where 
that earlier application falls under any of the following subparagraphs: 
( i ) in the case of its being abandoned, invalidated, or withdrawn; 
( i i) in the case where an examiner's decision, or a trial or trial decision, 
rejecting the application has become final and conclusive; 
(iii) in the case where priority claims based on the earlier application 
concerned have been withdrawn; or 
(iv) in a case of it being registered under Article 35(2) of the Utility Model 
Act. 
(2) The applicant of a patent application containing a priority claim under Article 
55(1) may not withdraw the priority claim after the expiration of one year and 
three months from the filing date of the earlier application. 
(3) Where the patent application containing a priority claim under Article 55(1) is 
withdrawn within one year and three months from the filing date of the earlier 
application, the priority claim shall be deemed withdrawn simultaneously 
therewith. 
CHAPTER III 
EXAMINATION 
Article 57 Examination by Examiner 
(1) The Commissioner of the Korean Industrial Property Office shall have 
applications for patents and oppositions to the grant of patents examined by an examiner. IP/N/1/KORlP/l 
Page 35 
(2) The qualifications for examiners shall be prescribed by Presidential Decree. 
Article 58 Search of Prior Art, etc. 
(1) If it is deemed necessary for speeding up the process of examination, the 
Commissioner of the Korean Industrial Property Office may rely on a specialized 
search organization for searching documents of prior art. 
(2) If it is deemed necessary for the process of examination, the Commissioner 
of the Korean Industrial Property Office may request the cooperation of, or seek 
advice from, a government agency, an organization specialized in the 
technology concerned or an expert having profound knowledge and experience 
in patent matters, and may, pay them allowances or expenses for such 
cooperation or advice within the limits of the budget of the Korean Industrial 
Property Office. 
(3) Concerning the designation of specialized search organizations and 
implementing procedures for searching documents under paragraph (1), 
necessary matters shall be prescribed by Presidential Decree. 
Article 59 Request for Examination of Patent Application 
(1) A patent application shall be examined only upon the filing of a request for 
examination. 
(2) When a patent application has been filed, any person may make a request 
for examination of the patent application to the Commissioner of the Korean 
Industrial Property Office within five years from the filing date thereof. 
(3) With respect to a divisional application under Article 52(2), or a dual 
application under Article 53, a request for examination can be made even after 
the expiration of the period prescribed in paragraph (2) within thirty days from the 
date of the division or the dual application. 
(4) A request for examination of an application shall not be withdrawn. 
(5) If a request for examination has not been made within the time limits 
prescribed in paragraph (2) or (3), the patent application concerned shall be 
deemed to have been withdrawn. 
Article 60 Procedure for a Request for Examination 
(1) Any person desiring to make a request for examination of an application shall 
submit a written request for examination of an application to the Commissioner IP/NI 1 IKOR/PI 1 
Page 36 
of the Korean Industrial Property Office, stating the following: 
( i ) the name and the domicile of the person making the request (in case 
of a legal entity, the title, the place of business and the name of its 
representative) ; 
( i i) the date of submission of the request; and 
(iii) the identification of the patent application for which the request for 
examination is made. 
(2) The Commissioner of the Korean Industrial Property Office shall, where a 
request for examination has been made prior to the publication of an application, 
publish such fact in the Patent Gazette at the time the application is laid open. 
Where a request for examination has been made after the laying-open of the 
application, the Commissioner shall publish such fact in the Patent Gazette 
without delay. 
(3) The Commissioner of the Korean Industrial Property Office shall, where a 
request for examination of an application has been made by a person other than 
the applicant, notify the applicant of such fact. 
Article 61 Preferential Examination 
When the Commissioner of the Korean Industrial Property Office recognizes that 
a person, other than the applicant, is commercially and industrially working the 
invention claimed in a patent application after the laying-open of the application 
or with respect to a patent application which he deems it necessary to settle 
urgently and which is prescribed by Presidential Decree, he may direct the 
examiner to examine the application in preference to other patent applications. 
Article 62 Ruling of Refusal 
The examiner shall make a ruling of refusal to a patent application where it falls 
under any of the following subparagraphs (hereinafter referred to as "reason for 
refusal"): 
( i ) where it is not patentable under Articles 25,29, 31 to 33,36(1) to (3), or 
44; 
( i i) where it is filed by a person who is not entitled to obtain a patent; 
(iii) where it is in violation of a treaty; or 
(iv) where it has not satisfied the requirements prescribed under Articles 42 
(3) to (5) or 45. 
Article 63 Notification of Reasons for Refusal IPlNlllKORlP/l 
Page 37 
An examiner shall, when intending to make a ruling of refusal under Article 62, 
notify the applicant of the reasons and give the applicant an opportunity to 
submit a written statement of applicant's arguments, designating a time limit for 
such submission. 
Article 64 Laying Open of Application 
(1) In accordance with the Ordinance of the Ministry of Commerce, Industry and 
Energy, the Commissioner of the Korean Industrial Property Office shall lay open 
the patent application in the Patent Gazette; After one year and six months from 
the filing date of an application for a patent (from the date prescribed in Article 
47(1 )(ii) to (iv), if the application contains a priority claim), or upon the request by 
an applicant even before one year and six months from the filing date of an 
application for a patent, however, this provision shall not apply where the 
application has already been published in accordance with Article 87(3). 
(2) Any person may, at the time the application is laid open under paragraph (1), 
furnish the Commissioner of the Korean Industrial Property Office with 
information together with evidence, to the effect that the invention concerned is 
unpatentable under Article 62. However, if the requirements prescribed in 
Article 42(5) and 45 mentioned in subparagraph (iv) of Article 62 are not 
complied with, this provision shall not apply. 
(3) The provisions of Article 87(4) shall apply mutatis mutandis to the laying­
open of applications under paragraph (1). 
(4) Matters to be published in the Patent Gazette with respect to the laying-open 
of applications under paragraph (1) shall be prescribed by the Presidential 
Decree. 
Article 65 Effects of Laying Open of Application 
(1) After an application is laid open, an applicant may warn a person who has 
commercially or industrially worked the filed invention, in writing indicating that a 
patent application for the invention has been filed. 
(2) An applicant may demand a person who has commercially or industrially 
worked the filed invention after being warned as provided in paragraph (1) or 
knowing that the invention has been laid open, to pay compensation in an 
amount equivalent to what he would have normally received for the working of 
the invention from the date of warning or the time when he/she knew that the 
patent application of the invention had been laid open to the time of the 
registration of the establishment of a patent right. 
(3) The right to demand compensation as provided in paragraph (2) shall be 
exercised only after the registration of the establishment of a patent right. 
(4) The exercise of the right to demand compensation under paragraph (2) shall 
not preclude the exercise of the patent right. IP/NIl/KORlP/l 
Page 38 
(5) Articles 127, 129, and 132 of the Patent Act, or Articles 760 and 766 of the 
Civil Code shall apply mutatis mutandis to the exercise of the right to demand 
compensation under paragraph (3). In such case, "the time when the damaged 
party or his legal representative became aware of such damage and of the 
identity of the person causing it" in Article 766(1) of the Civil Code shall read "the 
date of registration of the establishment of the involved patent right." 
(6) Where a patent application is abandoned, invalidated or withdrawn after the 
laying-open of the application, or a ruling of refusal to a patent application, a 
decision to revocate a patent under Article 74(3) or a decision to invalidate a 
patent under Article 133 (except for the case prescribed under subparagraph (iv) 
of Article 133 (1)) has become final and conclusive, the right under paragraph (2) 
shall be deemed never to have arisen. 
Article 66 Decision to Grant a Patent 
Where an examiner does not find any grounds for rejecting a patent application, 
he shall render a decision to grant a patent. 
Article 67 Formalities for Decision 
(1) The examiner's decision shall be made in writing and shall state the reasons 
therefor. 
(2) Where the examiner's decision has been rendered, the Commissioner of the 
Korean Industrial Property Office shall transmit a certified copy of the decision to 
the patent applicant. 
Article 68 Mutatis Mutandis Application of Provisions Concerning Trial to 
Examination 
The provisions of Article 148(i) to (v) and (vii) shall apply mutatis mutandis to the 
examination of a patent application. 
Article 69 Opposition to the Grant of a Patent 
(1) Within three months from the publication of the registration of a patent, any 
person can file an opposition to the grant of the patent with the Commissioner of 
the Korean Industrial Property Office on the grounds that the patent falls under 
anyone of the following subparagraphs. Where the patent contains two or more 
claims, an opposition may be filed for each claim: 
( i ) where the patent has been granted contrary to the provisions of Article 
25,29, 31 to 33,36(1) to (3) or 44; IPINIlIKORlP/l 
Page 39 
( i i) where the patent has been granted to a person unentitled to obtain the 
patent; 
(ii i) where the patent has been granted in violation of a treaty; 
( iv) where the patent has been granted contrary to the provision of Article 
42(3) or (4); or 
( v ) where the establishment of the patent has been registered in violation 
of the proviso of Article 87(2). 
(2) When filing an opposition, the opponent shall submit a written opposition 
together with the relevant evidence stating the following: 
( i ) the name and the domicile of the opponent and his agent (in the case of 
a legal entity, its title, the place of business and the name of its 
representative) ; 
( i i) the identification of the patent to which the opposition is made; and 
(iii) the grounds for the opposition and identification of the relevant 
evidence. 
(3) The provisions of Article 133(4) shall apply mutatis mutandis to an 
opposition. 
Article 70 Amendment of Grounds for Opposition, etc. 
(1) An opponent may amend the grounds and evidence set forth in the written 
opposition within thirty days from the expiration of the time limit for opposition. 
(2) When an opposition to the grant of a patent is filed, the presiding examiner of 
the collegial body (hereinafter referred to as a "presiding examiner") shall 
transmit a copy of the written opposition to the patentee and give him an 
opportunity to submit a written response, designating a time limit for submitting 
such a response. 
Article 71 Collegial Body for Examination and Decision 
(1) Three examiners constituting a collegial body shall examine and rule on the 
opposition. 
(2) The Commissioner of the Korean Industrial Property Office shall designate 
examiners constituting a collegial body for each opposition .. 
(3) The Commissioner of the Korean Industrial Property Office shall designate 
one examiner from the collegial body pursuant to paragraph (2) as the presiding 
examiner. 
(4) The provisions of Articles 144(2), 145(2) and 146 shall apply mutatis IP/N/l/KORlP/l 
Page 40 
mutandis to the collegial body and the presiding examiner. 
Article 72 Examination Ex Officio in Examination of Opposition 
(1) In the examination of opposition, grounds which have not been pleaded by 
the patentee or the opponent may also be considered; however, in such cases, 
the patentee or the opponent shall be given an opportunity to state his opinion 
within a designated time limit. 
(2) In the examination of opposition, no examination may be made on the 
purpose of a claim not submitted by the opponent. 
Article 73 Consolidation of Oppositions 
(1) Where two or more oppositions have been filed, the examiners may examine 
or decide upon them jointly or separately. 
(2) Where two or more oppositions are filed and one is deemed to be well­
grounded upon examination, the examiner need not make any decision on the 
other opposition(s). 
(3) The presiding examiner shall transmit a certified copy of the decision to 
revocate a patent to the opponents whose oppositions were not decided upon 
under paragraph (2) of this article. 
Article 74 Decision on Opposition 
(1) After the expiration of the time limits provided for under Article 70(1) and (2), 
the examiner shall render a decision on the opposition. 
(2) Notwithstanding the provision of Article 70, where the opponent fails to 
submit the grounds and evidence within the time limit for opposition, the 
opposition may be rejected by decision. 
(3) Where it is deemed that the opposition has legitimate grounds, a decision 
that the patent is to be revoked (hereinafter referred to "decision of revocation") 
shall be made. 
(4) Where a decision of revocation becomes conclusive, the patent shall be 
deemed never to have existed. 
(5) Where it is deemed that the opposition has no grounds, a decision that the 
patent is to be maintained (hereinafter referred to "decision of maintenance") 
shall be made. 
(6) No appeal shall be made against the decision on the opposition. Article 75 Manner of Decision on Opposition IP /NI IIKORIPIl 
Page 41 
(1) All decisions on patent opposition shall be made in writing which shall include 
the following, and the examiner who has made the decision shall sign and seal it: 
( i ) the case number of the opposition; 
( i i ) the name and the domicile of the patentee, opponent and agent (in the 
case of a legal entity, its title, place of business and the name of its 
representative) ; 
(iii) the identification of the patent related to the decision; 
(iv) the conclusion and grounds of the decision; and 
( v ) the date of the decision. 
(2) Where a decision on an opposition is made, the presiding examiner shall 
transmit a certified copy of the decision to the patentee as well as the opponent. 
Article 76 Withdrawal of Opposition 
(1) An opposition may not be withdrawn after a certified copy of the decision 
under Article 75(2) has been delivered. 
(2) The provisions of Article 161 (2) and (3) shall apply mutatis mutandis to a 
withdrawal of the opposition. 
Article 77 Correction of Patent 
(1) A patentee may make a request for correction of the specification or drawings 
of a patented invention within the designated period pursuant to Article 70(2) or 
72(1) (the latter part) only to: 
( i ) narrow the claims; 
( i i) correct typographical errors; or 
(iii) clarify ambiguous descriptions. 
(2) Where a request for correction as referred to in paragraph (1) has been made, 
the presiding examiner shall transmit a copy of the request for correction to the 
opponent. 
(3) The provisions of Articles 136(2) to (4), (8) and (9),139(3) and 140(1) and (5) 
shall apply mutatis mutandis to request for correction under paragraph (1). 
(4) Where a correction made pursuant to paragraph (1) falls under any of the 
following subparagraphs after a decision of maintenance has become conclusive, 
the request for correction shall be deemed never to have existed: IPINIlIKORIPIl 
Page 42 
( i ) where it is in violation of the provisions of paragraph (1); or 
( i i) where it is in violation of the provisions of Article 136(2) or (3) which 
apply mutatis mutandis under paragraph (3). 
Article 78 Suspension of Examination or Litigation Proceedings 
(1) The examination procedure of a patent application or an opposition to the 
grant of a patent may, if necessary, be suspended until a decision on an 
opposition or a trial becomes conclusive or litigation proceedings have been 
completed. 
(2) The court may, if necessary, suspend the proceedings until the examiner's 
decision on a patent application or an opposition to the grant of a patent 
becomes final and conclusive. 
(3) No appeal shall be made against the suspension under paragraphs (1) and 
(2). 
Article 78bis Mutatis Mutandis Application of Provisions Concerning Trials 
to Opposition 
The provisions of Articles 141(1) to (3), 142, 154(8), 157, 165(3) to (6) and 166 
shall apply mutatis mutandis to the examination and decision of oppositions. 
CHAPTER IV 
PATENT FEES AND PATENT REGISTRATIONS, ETC. 
Article 79 Patent Fees 
(1) A person who wishes to register the establishment of a patent right, or a 
patentee under Article 87(1), shall pay patent fees. 
(2) Matters necessary to the payment of patent fees, including the method and 
time limits for the payment of patent fees under paragraph (1), shall be 
prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy. 
Article 80 Payment of Patent Fees by Interested Party 
(1) Regardless of the intent of a person liable to pay patent fees under the terms 
of Article 79(1), any interested party may pay the patent fees. 
(2) An interested party who has paid the patent fees in accordance with 
paragraph (1) may demand reimbursement of his expenses to the extent that the person liable to pay is currently making a profit. 
Article 81 Late Payment of Patent Fees IP/NI1 IKORIPIl 
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(1) A patentee or any person wishing to register the establishment of a patent 
right may make late payments of the patent fees within six months following the 
expiration of the payment period prescribed under Article 79(2). 
(2) Where patent fees are paid late under paragraph (1), an amount equivalent 
to twice the patent fees shall be paid. 
(3) If the patentee or person wishing to register the establishment of a patent 
right does not pay the patent fees within the extended period provided for under 
paragraph (1), the patent application shall be deemed to have been abandoned 
and the patent right concerned shall be deemed to have been extinguished 
retroactively to the time when the period for payment of the patent fees expired. 
Article 82 Official Fees 
(1) A person initiating a procedure relating to a patent shall pay the official fees. 
(2) Where the number of claims is increased because of amendments or 
dismissal of amendments to the specification after a request for examination 
made by a person other than the applicant, the applicant shall pay the fees for 
the request for examination corresponding to the increased number of claims. 
(3) Matters necessary to the payment of official fees, including the method and 
time limits for payment of the fees under paragraph (1), shaH be prescribed by 
the Ordinance of the Ministry of Commerce, Industry and Energy. 
Article 83 Reduction or Exemption of Patent Fees or Official Fees 
(1) Notwithstanding Articles 79 and 82, the Commissioner of the Korean 
Industrial Property Office shall grant an exemption from the payment of patent 
fees or official fees in the following situations: 
( i ) official fees or patent fees corresponding to the patent applications or 
patent rights belonging to the State; or 
( i i) fees related to requests for an invalidation trial made by an examiner 
under Articles 133(1), 134(1) or 137(1). 
(2) Notwithstanding Articles 79 and 82, where the patent application has been 
filed by an entitled person in accordance with Article 3 of the National Assistance 
Act, or a person prescribed by the Ordinance of the Ministry of Commerce, 
Industry and Energy, the Commissioner of the Korean Industrial Property Office 
may reduce or exempt the payment of the fees prescribed by the Ordinance of IPlNlllKORlP/l 
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the Ministry of Trade, Industry and Energy and the for the patent fees for 
obtaining the registration of the establishment of the patent right for the first three 
years. 
(3) A person who wishes to take advantage of reduced fees or exemption from 
the payment of the patent fees or official fees in accordance with paragraph (2) 
shall submit the documents prescribed by the Ordinance of the Ministry of 
Commerce, Industry and Energy to the Commissioner of the Korean Industrial 
Property Office. 
Article 84 Refund of Patent Fees, etc. 
(1) Patent fees and official fees which have been paid shall not be refunded. 
However, in the following cases such fees shall be refunded upon a request by 
the person who made such payment: 
( i ) patent fees or official fees paid by mistake; 
( i i) portion corresponding to the patent fee for the years subsequent to the 
year in which a decision of revocation or invalidation on the patent 
becomes final and conclusive; or 
(iii) portion corresponding to the patent fee for the years subsequent to the 
year in which a decision of invalidation on the registration of patent 
term extension becomes final and conclusive. 
(2) The refund of the patent fees and official fees under paragraph (1 )(i) may not 
be claimed after one year from the date of the payment, and the refund of the 
portions corresponding to the patent fee under subparagraphs (ii) and (iii) of the 
said paragraph may not be claimed after one year from the date when a decision 
of revocation or invalidation on the patent becomes final and conclusive. 
Article 85 Patent Register 
(1) The Commissioner of the Korean Industrial Property Office shall keep the 
Patent Register at the Korean Industrial Property Office and shall register the 
following matters: 
( i ) the establishment, transfer, extinguishment, restriction on disposal or 
extension of the term of a patent right; 
( i i) the establishment, maintenance, transfer, modification, extinguishment, 
or restriction on disposal of an exclusive or non-exclusive license; and 
(iii) the establishment, transfer, modification, extinguishment or restriction 
on the disposal of a pledge on a patent right or on an exclusive or non­
exclusive license. 
(2) All or parts of the Patent Register under paragraph (1) may be stored on 
magnetic tapes, etc. IPINIlIKOR/PI 1 
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(3) Necessary information relating to the matters and procedures of registration 
not provided for in paragraphs (1) or (2) shall be prescribed by Presidential 
Decree. 
(4) Specifications and drawings of patent applications and documents prescribed 
by Presidential Decree are considered to be part of the Patent Register. 
Article 86 Issuance of Certificate of Patent Registration 
(1) When the establishment of a patent right has been registered, the 
Commissioner of the Korean Industrial Property Office shall issue the certificate 
of patent registration to the patentee. 
(2) Where the certificate of patent registration do not coincide with the patent 
register or other documents, the Commissioner of the Korean Industrial Property 
Office shall reissue the certificate of patent registration with amendments, or 
issue new letters patent upon request or ex officio. 
(3) When a decision on a trial for amendment under Article 136( 1) has become 
final and conclusive, the Commissioner of the Korean Industrial Property Office 
shall issue new certificate of patent registration in accordance with the trial 
decision. 
CHAPTER V 
PATENT RIGHT 
Article 87 Registration of Establishment of Patent Right and Publication of 
Registration 
(1) A patent right shall come into effect upon registration of its establishment. 
(2) Where patent fees have been paid in accordance with Article 79(1) or where 
an exemption from the payment of patent fees has been granted under Article 
83(1 )(i) and (ii), the Commissioner of the Korean Industrial Property Office shall 
register the establishment of the patent right. However, in a case which falls 
under any of the following subparagraphs, the establishment of a patent right 
shall be registered only if an utility model right concerned is abandoned: 
( i ) in a case where the establishment of an utility model right has been 
registered with respect to an application for utility model registration 
which forms the basis of a dual application in such a dual application; 
and 
( i i) in a case where a dual application (hereinafter referred to as a "dual 
application for utility model registration" in this subparagraph) has been JP INI1IKORIP /1 
Page 46 
filed under Article 17 of the Utility Model Act on the basis of an 
application for a patent and where the establishment of an utility model 
right has been registered with respect to the dual application for utility 
model registration. 
(3) Where a registration has been made under paragraph (2), the Commissioner 
of the Korean Industrial Property Office shall publish the grant of the patent 
together with the relevant information in the Patent Gazette. 
(4) The publication of the registration of a patent for an invention required to be 
treated confidentially shall be reserved until it is declassified upon 
declassification, the registration shall be published without delay. 
(5) The Commissioner of the Korean Industrial Property Office shall provide the 
application documents and the attached materials thereof for public inspection 
for a period of three months from the date of publication of registration. 
(6) Matters to be published in the Patent Gazette with respect to the publication 
of registration under paragraph (3) shall be prescribed by the Presidential 
Decree. 
Article 88 Term of Patent Right 
(1) The term of a patent right shall be twenty years from the filing date of the 
patent application, following the registration of establishment of the patent right. 
(2) Where a patent is granted to a Actful holder of the right under Article 34 or 35, 
the term of the patent right under paragraph (1) shall be calculated from the date 
following the filing date of the patent application by the unentitled person. 
(3) Where a patent application is deemed to have been filed at the time of 
submission of an amendment under Article 49, the patent term under paragraph 
(1) of this Article shall be counted from the date following the filing date of the 
original patent application. 
(4) Where a patent application is deemed to have been filed at the time of 
submission of a dual application under Article 49(2), the patent term under 
paragraph (1) of this Article shall be determined from the date following the filing 
date of the application for utility model registration, which was the basis of the 
dual application. 
Article 89 Extension of Term of Patent Right 
Notwithstanding the provisions of Article 88(1), where authorization or 
registration under provisions of other Acts or regulations were required in order 
to work a patented invention, and it has taken an extended period of time to 
complete the activity test, the safety tests, etc., necessary to obtain such 
authorization or registration (hereinafter referred to as a "authorization") and 
which is prescribed by the Presidential Decree, the term of the patent right may IP INIlIKORIPIl 
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be extended by a period, up to five years, during which the patented invention 
could not have been worked. 
Article 90 Application for Registration of Extension of Term of Patent Right 
(1) A person who wishes to apply for the registration of extension of a patent 
right under Article 89 (hereinafter referred to as "applicant for registration of 
extension") shall submit an application for registration of an extension of term of 
a patent right to the Commissioner of the Korean Industrial Property Office, 
stating each of the following: 
( i ) the name and domicile of the applicant for registration of extension (in 
case of a legal entity, the title, place of business and name of the 
representative ); 
( i i) the name and domicile, or place of business, of the agent, if 
designated; 
(iii) the identification by its patent number of the patent for which an 
extension is applied, and the claims of that patent; 
(iv) the period of extension applied for; 
( v ) the requirements for authorization under Article 89; and 
(vi) the grounds for extension as prescribed by the Ordinance of the 
Ministry of Commerce, Industry and Energy (accompanied by materials 
substantiating said grounds). 
(2) The application for registration of an extension of the term of the patent right 
shall be filed within three months from the date the authorization under Article 89 
was obtained; however, the application may not be filed when the unexpired 
length of the term as provided for in Article 88 is less than six months. 
(3) Where the patent is owned by joint owners, an application for registration of 
an extension of the term of a patent right shall be made in the names of all the 
joint owners. 
(4) Where an application for registration of an extension of term of a patent right 
has been filed, the term shall be deemed to have been extended, except where 
a ruling of refusal of the application under Article 91 (1) has become final and 
conclusive. 
(5) Where an application for registration of an extension of the term of a patent 
right has been filed, the Commissioner of the Korean Industrial Property Office 
shall publish the information prescribed in paragraph (1) in the Patent Gazette. 
Article 91 Ruling of Refusal Against Application for Extension of Term of 
Patent Right IP/N/IIKORIPIl 
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(1) The examiner shall make a ruling of refusal against an application for 
registration of an extension of term of a patent right where it falls under any of 
the following situations: 
( i ) where it is deemed that the authorization under Article 89 is not 
necessary for working the patented invention; 
( i i) where the patentee, or a person who has an exclusive or non-exclusive 
license under the patent right has not obtained the authorization under 
Article 89; 
(iii) where the term for which an extension is applied exceeds the time 
period during which the patented invention could not have been 
worked; 
(iv) where the applicant for registration of an extension is not the patentee; 
or 
( v) where the application for registration of an extension is made in 
violation of the provisions of Article 90(3). 
(vi) deleted 
(2) "The time period during which the patented invention could not have been 
worked," as referred to in paragraph (1)(iii), shall not include any period which 
has elapsed for reasons attributable to the patentee. 
Article 92 Ruling etc., on Application of Registration for Extending Term of 
Patent Right 
(1) Where the examiner finds no reason under any of the subparagraphs of 
Article 91 (1) for refusing an application for an extension of term of a patent right, 
he shall make a ruling that the application for an extension is to be granted. 
(2) When the ruling of extension has been made under paragraph (1), the 
Commissioner of the Korean Industrial Property Office shall register the 
extension of the term of the patent right in the Patent Register. 
(3) When the registration under paragraph (2) has been made, the information 
prescribed in the following subparagraphs shall be published in the Patent 
Gazette: 
( i ) the name and domicile of the patentee (in the case of a legal entity, the 
title, place of business and name of the representative); 
( i i ) the patent number; 
(iii) the date of registration of the extension; 
(iv) the period of the extension; and 
( v ) the requirements, etc., for the authorization under Article 89. Article 93 Mutatis Mutandis Application of Provisions IP/N/l/KORlP/l 
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The provisions of Articles 57 (1), 63, 67 and 148 (1) to (5) and (7) shall apply 
mutatis mutandis to the examination of an application for the registration of an 
extension of the term of a patent right. 
Article 94 Effects of Patent Right 
A patentee shall have the exclusive right to work a patented invention both 
commercially and industrially. However, where the patent right is the subject of 
an exclusive license, this provision shall not apply to the extent that the exclusive 
licensee has the exclusive right to work the patented invention under Article 
100(2). 
Article 95 Effects of Patent Right the Term of Which Has Been Extended 
The effects of a patent right, the term of which has been extended, shall not 
extend to any other acts except the working of the patented invention with 
respect to such products for which an authorization was the basis for registering 
the extension (or where the authorization was obtained for any specific use of 
the product, with respect to the product adapted for such specific use). 
Article 96 Limitations on Patent Right 
(1) The effects of the patent right shall not extend to the following: 
( i ) working of the patented invention for the purpose of research or 
experiment; 
( i i) vessels, aircraft or vehicles merely passing through the Republic of 
Korea or machinery, instruments, equipment or other accessories used 
therein; or 
(iii) articles existing in the Republic of Korea at the time the patent 
application was filed. 
(2) The effects of the patent right for inventions of medicines (namely, products 
used for diagnosis, therapy, alleviation, medical treatment or prevention of 
human disease, hereinafter referred to as "medicines") manufactured by mixing 
two or more medicines, or for inventions of processes for manufacturing 
medicines by mixing two or more medicines, shall not extend to the acts of 
manufacturing medicines in accordance with the Pharmaceutical Affairs Act or to 
medicines manufactured by such acts. 
Article 97 Scope of Protection of Patented Invention IP/NIllKOR/PI1 
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The scope of protection conferred by a patented invention shall be determined 
by the subject matters described in the claims. 
Article 98 Relation to Patented Invention, etc. of Another Person 
Where the working of a patented invention would infringe another person's 
patented invention, registered utility model or registered design or similar design 
under an application filed prior to the filing date of the patent application 
concerned, or where a patent right conflicts with another person's design right 
under an application for registration for a design right filed prior to the filing date 
of the patent application concerned, the patentee, exclusive licensee or non­
exclusive licensee shall not work the patented invention commercially or 
industrially without the license of the owner of the earlier patent, utility model 
right, or design right, except where Article 138(1) applies. 
Article 99 Assignment and Co-ownership of a Patent Right 
(1) A patent right may be assigned. 
(2) Where a patent right is owned jointly, each co-owner of the patent right may 
neither assign his share nor establish a pledge upon it without the consent of all 
the other co-owners. 
(3) Where the patent right is owned jointly, each co-owner may, except as 
otherwise agreed by a contract among all the joint owners, work the patented 
invention by himself without the consent of the other joint owners. 
(4) Where the patent right is owned jointly, a co-owner of the patent right may not 
grant an exclusive license or a non-exclusive license of the patent right without 
the consent of all the other joint owners. 
Article 100 Exclusive License 
(1) A patentee may grant an exclusive license of the patent right to others. 
(2) An exclusive licensee having been granted an exclusive license under 
paragraph (1), shall have the exclusive right to work the patented invention 
commercially or industrially to the extent provided for in the license contract. 
(3) An exclusive licensee may not transfer the license without the consent of the 
patentee, except where it is transferred together with the underlying business of 
the licensee, by inheritance or other general succession. 
(4) An exclusive licensee may not establish a pledge or grant a non-exclusive 
license on the exclusive license without the consent of the patentee. IP INI1IKORIP 11 
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(5) The provisions of Article 99(2) to (4) shall apply mutatis mutandis to an 
exclusive license. 
Article 101 Effects of Registration of a Patent Right and an Exclusive 
License 
(1) The following shall be of no effect unless they are registered: 
( i ) the transfer (except through inheritance or other general succession) or 
extinguishment by abandonment, or restriction on the disposal of a 
patent right; 
( i i) the grant, transfer (except through inheritance or other general 
succession), modification, extinguishment, or restriction on the 
disposal; or of an exclusive license. 
(iii) the establishment, transfer (except through inheritance or other general 
succession) modification, extinguishment, or restriction on the disposal 
of a pledge on a patent right or exclusive license. 
(2) Inheritance of, or other general succession relating to a patent right, 
exclusive license, and pledge under paragraph (1) shall be notified without delay 
to the Commissioner of the Korean Industrial Property Office. 
Article 102 Non-exclusive License 
(1) A patentee may grant to others a non-exclusive license on his patent right. 
(2) A non-exclusive licensee shall have the right to work the patented invention 
commercially or industrially to the extent prescribed in the Patent Act or provided 
for by the license contract. 
(3) A non-exclusive license granted under Article 107 may only be transferred 
together with the underlying business .. 
(4) A non-exclusive license under Article 138 of the Patent Act, Article 53 of the 
Utility Model Act, or Article 70 of the Design Act shall be transferred together with 
the patent right, utility model right, or design right concerned and shall be 
extinguished at the same time as the patent, utility model or design right 
concerned is extinguished. 
(5) A non-exclusive license, other than those described in paragraphs (3) and (4), 
may not be transferred without the consent of the patentee (or the patentee and 
the exclusive licensee in the case of a non-exclusive license on an exclusive 
license), unless the transfer is made together with the underlying business. 
(6) A pledge may not be established on a non-exclusive license, other than those 
under paragraphs (3) and (4), without the consent of the patentee (or the 
patentee and the exclusive licensee in case of a non-exclusive license on an IPINIlIKORlPIl 
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exclusive license). 
(7) The provisions of Article 99(2) and (3) shall apply mutatis mutandis to the 
non-exclusive license. 
Article 103 Non-exclusive License by Prior Use 
Where, at the time of filing of a patent application, a person who has made an 
invention without having prior knowledge of the contents of an invention 
described in an existing patent application, or has learned how to make the 
invention from such a person and has been working the invention commercially 
or industrially, in the Republic of Korea, in good faith, or has been making 
preparations therefor, shall have a non-exclusive license on that patent right 
under the patent application. Such license shall be limited to the invention 
which is being worked, or for which preparations for working have been made, 
and to the purpose of such working or preparations. 
Article 104 Non-exclusive License Due to Working Prior to Registration of 
Request for Invalidation Trial 
(1) Where a person falling within any of the following subparagraphs has been 
working an invention, in the Republic of Korea, commercially or industrially, or 
has been making preparations therefor, prior to the registration of a request for 
an invalidation trial of the patent or registered utility model concerned, without 
knowing that his patented invention is subject to invalidation, or has been 
working a device, in the Republic of Korea, commercially or industrially, or has 
been making preparations therefor, on the basis of a maintenance decision as 
prescribed in Article 25(2) of the Utility Model Act or without knowing that his 
registered utility model is subject to invalidation notwithstanding any due care, 
such person shall have a non-exclusive license on that patent right or have an 
non-exclusive license on the exclusive license to a patent right existing at the 
time when the patent or the utility model registration was invalidated, but such 
non-exclusive license shall be limited to the invention or device which is being 
worked or for which preparations for working are being made and to the purpose 
of such working or the preparations therefor: 
( i ) the original patentee, where one of two or more patents granted for the 
same invention has been invalidated; 
( i i) the original owner of a utility model right, where a patented invention 
and a device registered as a utility model are the same and the utility 
model registration has been invalidated; 
(iii) the original patentee, where his patent has been invalidated and a 
patent for the same invention has been granted to an entitled person; 
(iv) the original owner of a utility model right, where his utility model 
registration has been invalidated and a patent for the same invention as the device has been granted to an entitled person; or IP!N1l IKORlPIl 
Page 53 
( v ) in the cases referred to in subparagraphs (i) to (iv), a person who, at the 
time of registration of the request for an invalidation trial of the 
invalidated patent right or utility model right, has been granted an 
exclusive license or a non-exclusive license, or non-exclusive license 
on the exclusive license and such license has been registered; 
however, a person falling under Article 118(2) is not required to register 
the license. 
(2) A person who has been granted a non-exclusive license in accordance with 
paragraph (1) shall pay reasonable remuneration to the patentee or exclusive 
licensee. 
Article 105 Non-exclusive License After Expiration of a Design Right 
(1) Where a design right under an application which resulted in the granting of a 
registration, filed prior to or on the filing date of a patent application, conflicts with 
the patent right and the term of the design right has expired, the owner of such 
design right shall, to the extent of such design right, have a non-exclusive 
license on the patent right or the exclusive license existing at the time when the 
design right expired. 
(2) Where a design right under an application which resulted in the grant of a 
registration, filed prior to or on the filing date of a patent application, conflicts with 
the patent right and the term of the design right has expired, a person who at the 
time of expiration, has an exclusive license on the expired design right or non­
exclusive license under Article 118(1) of this Act, as applied under Article 61 of 
the Design Act, to the design right or the exclusive license shall, to the extent of 
the expired right, have a non-exclusive license on the patent right concerned or 
on the exclusive license existing at the time when the design right expired. 
(3) A person who has been granted a non-exclusive license under paragraph (2) 
shall pay reasonable remuneration to the patentee or exclusive licensee. 
Article 106 Expropriation of Patent Right 
(1) If a patented invention is necessary for national defense in time of war, 
incident or other similar emergency (hereinafter referred to as an "emergency"), 
the Government may expropriate the patent right, work the patented invention, 
or require a person other than the Government to work the patented invention. 
(2) If a patent right is expropriated, rights to the invention other than the patent 
right shall be extinguished. 
(3) If the Government expropriates the patent right, or the Government or a 
person concerned other than the Government works the patented invention IP INI1IKORfP 11 
Page 54 
under paragraph (1), the Government or that person shall pay reasonable 
remuneration to the patentee, exclusive licensee or non-exclusive licensee. 
(4) Matters necessary for the expropriation, working of a patent right as well as 
payment in compensation therefor shall be prescribed by Presidential Decree. 
Article 107 Adjudication for Grant of Non-exclusive License 
(1) Where a patented invention falls under any of the following subparagraphs, a 
person who intends to work the patented invention may request the 
Commissioner of the Korean Industrial Property Office to adjudicate (hereinafter 
referred to as an "adjudication") for the authorization of a non-exclusive license 
thereon; however, a request for adjudication under the following subparagraphs 
(i) and (ii) may only be made if consultations with the patentee or exclusive 
licensee is not possible or no agreement is reached at the consultation: 
( i ) where the patented invention has not been worked for more than three 
consecutive years in the Republic of Korea, except in the case of 
natural disaster, unavoidable circumstances or other justifiable reasons 
prescribed by Presidential Decree; 
( i i) where the patented invention has not continuously been worked 
commercially or industrially in the Republic of Korea on a substantial 
scale during a period of three years or more without justification, or 
where the domestic demand for the patented invention has not been 
satisfied to an appropriate extent and under reasonable conditions; 
(iii) where the working of the patented invention is necessary for public 
non-commercial use; or 
(iv) where the working of a patented invention is necessary to remedy a 
practice determined to be anti-competitive after the judicial or 
administrative process. 
(2) The provisions of paragraph (1 )(i) and (ii) shall not apply unless a period of 
four years has lapsed from the filing date of the application for to the patented 
invention. 
(3) In adjudication for the authorization of a non-exclusive license, the 
Commissioner shall consider the necessity of each and every claim. 
(4) In adjudication for the authorization of a non-exclusive license, the 
Commissioner shall impose such conditions that the use of patented inventions 
through the non-exclusive license shall be limited predominantly to the supply of 
the domestic market; however, this provision need not apply where the 
authorization is ruled based on the request set forth in subparagraph (1 )(iv). 
(5) In adjudication for the authorization of a non-exclusive license set forth in 
subparagraph (1 )(i), the Commissioner may take into account the need to IP/N/1/KOR/P/1 
Page 55 
amend anti-competitive practices in determining the amount of remuneration. 
(6) With respect to semi-conductor technology, the request for adjudication can 
be made only in the cases set forth in subparagraph (1 )(iii) and (1 )(iv). 
Article 108 Submission of Response 
Where a request for adjudication has been made the Commissioner of the 
Korean Industrial Property Office shall transmit a copy of the written request to 
the patentee or exclusive licensee mentioned in the request and to any other 
persons having any registered right relating to the patent, and shall give them an 
opportunity to submit a response within the time limit. 
Article 109 Solicitation of Opinion from the Industrial Property Right Council 
Before making an adjudication the Commissioner of the Korean Industrial 
Property Office shall solicit an opinion from the Industrial Property Council 
established under Article 117. 
Article 110 Formality of Adjudication 
(1) An adjudication shall be made in writing and shall state the reasons therefor. 
(2) The following matters shall be specified in an adjudication under paragraph 
(1 ): 
( i ) the scope and duration of the non-exclusive license; and 
( i i ) the remuneration for the license and the method and time of payment. 
Article 111 Transmittal of Certified Copies of Adjudication 
(1) Where an adjudication is made, the Commissioner of the Korean Industrial 
Property Office shall transmit certified copies of the adjudication to the parties 
and any other persons having the registered right relating to the patent. 
(2) When a copy of an adjudication has been transmitted to the parties under 
paragraph (1), a consultation to the terms as specified in the adjudication shall 
be deemed to have been held by the parties. 
Article 112 Deposit of Remuneration 
A party who is obligated to pay a remuneration under Article 110(2)(ii) shall 
make a deposit thereof under the following circumstances: 
( i ) where the party entitled to receive the remuneration refuses or is IPINI1IKOR/PI 1 
Page 56 
unable to receive it; 
( i i) where an action under Article 190( 1) has been brought with respect to 
the remuneration; or 
(iii) where the patent right or exclusive license is the subject of a pledge, 
except where the pledgee has consented. 
Article 113 Lapse of Adjudication 
Where a person who was granted the adjudication on the authorization fails to 
payor deposit the remuneration (or the first installment thereof, if payment is to 
be made periodically or by installments) under Article 11 0(2)(ii) by the time such 
payment is due, the adjudication shall lose its effect. 
Article 114 Cancellation of Adjudication 
(1) Where a person who was granted the adjudication on the authorization falls 
under any of the following subparagraphs, the Commissioner of the Korean 
Industrial Property Office may cancel the adjudication, ex officio or upon the 
request by any interested party. However, in case of subparagraph (ii), such 
action shall protect the non-exclusive license's Actful interests: 
( i ) where the working of the patented invention is not within the purpose 
of the adjudication; and 
( i i) where the grounds for the adjudication on the authorization of non­
exclusive license disappears and it is deemed that such grounds will not 
reoccur. 
(2) The provisions of Articles 108, 109, 11 O( 1) and 111 (1) shall apply mutatis 
mutandis paragraph (1) of the Article. 
(3) The non-exclusive license shall be extinguished upon cancellation of the 
ruling under paragraph (1) of this Article. 
Article 115 Restriction on Reason for Objections to Adjudication 
Where a request for an administrative trial has been filed as to the adjudication 
under Article 3(1) of the Administrative Trial Act, the remuneration determined in 
the adjudication shall not be a basis for objection. 
Article 116 Cancellation of Patent Right 
(1) Where a patented invention has not been continuously worked in the 
Republic of Korea for a period of two years or more from the date of an 
adjudication under Article 107(1), the Commissioner of the Korean Industrial 
Property Office may cancel the patent right, ex officio, or upon the request of any interested party. IPINIlIKOR/P/l 
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(2) The provisions of Articles 108, 109, 110(1) and 111 (1) shall apply mutatis 
mutandis to paragraph (1) of this Article. 
(3) The patent right shall be extinguished upon cancellation of a patent right 
under paragraph (1) of this Article. 
Article 117 Establishment of Industrial Property Right Council 
(1) The Industrial Property Right Council shall be established in the Korean 
Industrial Property Office to advise the Commissioner of the Korean Industrial 
Property Office on matters concerning the expropriation, adjudication, and 
cancellation of patent rights. 
(2) The organization, operation and other necessary matters of the Industrial 
Property Right Council shall be prescribed by Presidential Decree. 
Article 118 Effects of Registration of Non-exclusive License 
(1) When a non-exclusive license has been registered, it shall also be effective 
against any person who subsequently acquires the patent right or an exclusive 
license. 
(2) A non-exclusive license granted under Articles 39(1), 103 to 105, 107, 122, 
182 or 183 shall have the same effect as prescribed under paragraph (1) of this 
Article even if it has not been registered. 
(3) The transfer, modification, extinguishment or restriction on disposal of a non­
exclusive license or the establishment, transfer, modification, extinguishment or 
restriction on disposal of a pledge relating to a non-exclusive license shall not be 
effective against a third party unless it is registered. 
Article 119 Restriction on Abandonment of Patent Right, etc. 
(1) A patentee shall not abandon his patent right without the consent of the 
exclusive licensee, pledgee, or non-exclusive licensee under Article 39(1), 
100(4) or 102(1). 
(2) An exclusive licensee shall not abandon his exclusive license without the 
consent of the pledgee or non-exclusive licensee under Article 1 00(4). 
(3) A non-exclusive licensee shall not abandon his non-exclusive license without 
the consent of the pledgee. IPINI1IKOR/P/l 
Page 58 
Article 120 Effects of Abandonment 
The patent right, or license thereon, shall be extinguished as of the time of 
abandonment of a patent right or of an exclusive or non-exclusive license. 
Article 121 Pledge 
Where a patent right or an exclusive or non-exclusive license is the subject of a 
pledge, the pledgee may not work the patented invention except as otherwise 
provided by contract. 
Article 122 Non-exclusive License Incidental to Transfer of Patent Right by 
Exercise of a Pledge Right 
If a patentee works a patented invention prior to the establishment of a pledge 
on the patent right, the patentee shall have a non-exclusive license on the 
patented invention even if the patent right is transferred by an auction; however, 
in such case, the patentee shall pay reasonable remuneration to the person to 
whom the patent right is transferred by an auction, etc. 
Article 123 Subrogation of Pledge Right 
A pledge may be exercised against the remuneration provided for under the 
Patent Act or against remuneration or goods to be received for the working of the 
patented invention; however, an attachment order shall be obtained prior to the 
payment or delivery of the remuneration or goods. 
Article 124 Extinguishment of Patent Right in Absence of Successor 
A patent right shall be extinguished when no successor exists at the time of 
succession. 
Article 125 Report on Working of Patent 
The Commissioner of the Korean Industrial Property Office may require a 
patentee, exclusive licensee or non-exclusive licensee to report as to whether 
the patented invention has been worked or not, the extent of such working, etc. 
CHAPTER VI 
PROTECTION OF PATENTEE Article 126 Injunction, etc., Against Infringement IP INIlIKORlPIl 
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(1) A patentee or exclusive licensee may demand a person who is infringing or is 
likely to infringe on his patent right to discontinue or refrain from such 
infringement. 
(2) A patentee or an exclusive licensee acting under paragraph (1) may demand 
the destruction of the articles by which the act of infringement was committed 
(including the products obtained by the act of infringement in cases of a process 
invention for manufacturing the products), the removal of the facilities used for 
the act of infringement, or other measures necessary to prevent the 
infringement. 
Article 127 Acts Deemed to be Infringement 
The following acts shall be deemed to be infringements on a patent right or an 
exclusive license: 
( i ) in the case of an invention of a product, acts of making, assigning, 
leasing, importing, or offering for assignment or lease articles used 
exclusively for producing such products; and 
( i i) in the case of an invention of process, acts of making, assigning, 
leasing, importing or offering for assignment or lease articles used 
exclusively for working such a process. 
Article 128 Presumption, etc., of Amount of Damage 
(1) Where a patentee or exclusive licensee claims compensation for damages 
from a person who has intentionally or negligently infringed a patent right or 
exclusive license, the profits gained by the infringer as a result of the 
infringement shall be presumed to be the amount of damage suffered by the 
patentee or exclusive licensee. 
(2) Where a patentee or exclusive licensee claims compensation for damages 
from a person who has intentionally or negligently infringed a patent right or 
exclusive license, the pecuniary amount which he would normally be entitled to 
receive for the working of the patented invention may be claimed as the amount 
of damage suffered by the patentee. 
(3) Notwithstanding paragraph (2), where the amount of actual damages 
exceeds the amount referred to in paragraph (2), the amount in excess may also 
be claimed as compensation for damage. In such a case, the court may take into 
consideration the fact that there has been neither willfulness nor gross 
negligence on the part of the person who has infringed the patent right or the 
exclusive license when awarding damages. IP/NIl/KOR/P1l 
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Article 129 Presumption of the Patented Process to Manufacture 
In the case of a patent for an invention of a process to manufacture a product, 
where such product was not publicly known in the Republic of Korea prior to the 
filing of the patent application concerned, any identical product shall be 
presumed to have been manufactured by that patented process. 
Article 130 Presumption of Negligence 
A person who has infringed a patent right or exclusive license of another person 
shall be presumed to have been negligent regarding such act of infringement. 
Article 131 Recovery of Reputation of Patentee, etc. 
Upon the request of a patentee or exclusive licensee, the court may, in lieu of 
damages or in addition thereto, order the person who has injured the business 
reputation of the patentee or exclusive licensee by intentionally or negligently 
infringing the patent right or exclusive license to take necessary measures to 
restore the business reputation of the said patentee or exclusive licensee. 
Article 132 Submission of Documents 
In litigation relating to the infringement of a patent right or exclusive license, the 
court may, upon the request of a party, order the other party to submit 
documents necessary for the assessment of damages caused by the 
infringement. However, this provision shall not apply when the person 
possessing the documents has justifiable reason for refusing to submit them. 
CHAPTER VII 
TRIAL 
Article 132bis Industrial Property Tribunal 
(1) The Industrial Property Tribunal shall be established under the jurisdiction of 
the Commissioner of the Korean Industrial Property Office to be responsible for 
trials and retrials regarding patents, utility models, designs and trademarks and 
investigation and research thereof. 
(2) The Industrial Property Tribunal shall be composed of the President and trial 
examiners. 
(3) Matters necessary for the organization, personnel and operation of the 
Industrial Property Tribunal shall be determined by Presidential Decree. Article 132ter Trial Against Ruling of Refusal or Revocation IPINIlIKORlPIl 
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Where a person has received a ruling of refusal or revocation by an examiner, 
such person may request a trial within thirty days from the date of receipt of the 
certified copy of the ruling. 
Article 132quaterTrial Against Decision to Reject Amendment 
Where a person who receives a decision of rejection of amendment under Article 
51 (1) is dissatisfied therewith, he may request a trial within thirty days from the 
date of receipt of the certified copy of the decision. 
Article 133 Invalidation Trial of Patent 
(1) In the following cases, an interested party or an examiner may request a trial 
to invalidate a patent and for patent containing two or more claims, a request for 
an invalidation trial may be made for each claim: 
( i ) where a patent has been granted contrary to Articles 25, 29, 31 to 33, 
36(1) to (3),42(3) and (4), or 44; 
( i i) where a patent has been granted to a person who is not entitled to 
obtain the patent; 
(iii) where a patent has been granted in violation of a treaty; 
(iv) where, after the grant of a patent, the patentee is no longer capable of 
enjoying the patent right under Article 25, or the patent no longer 
complies with a treaty; or 
( v ) where a patent violates the provisions of the proviso of Article 87(2). 
(2) A trial under paragraph (1) of this Article may be requested even after the 
extinguishment of a patent right. 
(3) Where a trial decision invalidating a patent has become final and conclusive, 
the patent right shall be deemed never to have existed; however, where a patent 
falls under paragraph (1 )(iv) of this Article and a trial decision invalidating the 
patent has become final and conclusive, the patent right shall be deemed not to 
have existed at the time when the patent first became subject to the said 
paragraph. 
(4) Where a trial under paragraph (1) of this Article has been requested, the 
presiding trial examiner shall notify the contents of the request to the exclusive 
licensee of the patent right and any other persons having registered rights 
relating to such patent. 
Article 134 Invalidation Trial of Registration for Extension of Term of Patent IPINIlIKORlPIl 
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Right 
(1) In the following cases, any interested party or examiner may request a trial to 
invalidate the registration of an extension of the term of a patent right: 
( i) where an extension had been registered with respect to the 
application which did not require any authorization, etc., under the 
provisions of Article 89 for the purpose of working the patented invention; 
( i i) where the authorization under the provisions of Article 89 was not 
obtained by the patentee or an exclusive licensee thereof or a registered 
non-exclusive licensee; 
(iii) where the term extended by the registration of an extension exceeds 
the period of time during which the patented invention could not be 
worked; 
( iv) where the registration of an extension has been effected on an 
application made by a person other than the patentee; 
( v) where the registration of an extension has been effected on an 
application made in violation of Article 90(3); or 
(vi) deleted. 
(2) The provisions of Article 133(2) and (4) shall apply mutatis mutandis to a 
request for a trial under paragraph (1) of this Article. 
(3) Where a trial decision that the registration of extension is to be invalidated 
has become final and conclusive, the registration of extension of the term shall 
be deemed to have never existed; however, where the registration of extension 
falls under Article 91 (1 )(iii), the extension of the term exceeding the period 
during which the patented invention could not be worked shall be deemed not to 
be effective as from the time when the trial decision conclusively invalidating the 
registration of an extension of term becomes final. 
Article 135 Trial to Confirm the Scope of a Patent Right 
(1) A patentee or an interested person may request a trial to confirm the scope of 
a patent right. 
(2) Where a trial is requested to confirm the scope of a patent right under 
paragraph(1), the confirmation shall apply to each claim if the patent contains 
two or more claims. . 
Article 136 Trial for Correction 
(1) A patentee may request a trial for corrections to specifications or drawing for 
only the following reasons: 
( i ) to narrow a claim; ( i i ) to correct a clerical error; or 
(iii) to clarify an ambiguous description. IP /N/1/KORlP/1 
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However, this provision shall not apply where an opposition to the patent is 
pending. 
(2) In cases under paragraph (1), the claim shall neither be extended nor 
modified. 
(3) In cases under paragraph (1 )(i), the matters which are described in the claim 
after correction shall be regarded as having been patentable at the time of filing 
the patent application. 
(4) Where a request for a trial for correction does not comply with any of the 
subparagraphs of paragraph (1) or under paragraph (2) and (3), the trial 
examiner shall notify the petitioner giving the reasons for refusal of the request 
and give the petitioner an opportunity to submit a response within a designated 
time limit. 
(5) If a request for a for trial correction falls under any of the subparagraphs of 
paragraph (1), and complies with the provisions of paragraph (2) and (3), the trial 
examiner shall make a decision for the publication of the request. 
(6) The provisions of Articles 69(1) (main sentence), 70, 72, 73, 74(1), (2) and 
(6), 75, and 87(3), (5) and (6) shall apply mutatis mutandis to the correction trial. 
In their application, the term "three months" in Article 69 and 87(5) shall read 
"two months", and the term "decision of rejection and decision of maintenance 
on an opposition" in Article 74(6) shall read "decision on an opposition." 
(7) A trial for correction under paragraph (1) may be requested even after the 
patent right has been extinguished, except in cases where the patent has been 
revocated or invalidated by a trial decision. 
(8) A patentee shall not request a trial for correction under paragraph (1) without 
the consent of an exclusive licensee, a pledgee or a nonexclusive licensee 
under Article 39(1),100(4) or 102(1). 
(9) Where a trial decision that the specification or drawing of a patented 
invention are to be corrected become final and conclusive, the patent application, 
the laying-open of the decision and the registration of the establishment of the 
patent right shall be deemed to have been made on the basis of such corrected 
specification or drawing. 
Article 137 Trial for Invalidation of Correction 
(1) An interested party or an examiner may request a trial for an invalidation of a 
correction, where the specification or drawing of a patented invention have been 
corrected in contravention to Article 136(1) to (3). IP/NI1 IKORIPIl 
Page 64 
(2) The provisions of Article 133(2) and (4) shall apply mutatis mutandis to a 
request for a trial under paragraph (1). 
(3) Where a trial decision that a correction of the specification or drawing is to be 
invalidated under paragraph (1) has become final and conclusive, the correction 
shall be deemed never to have been made. 
Article 138 Trial for Granting Non-exclusive License 
(1) If a patentee, or exclusive or non-exclusive licensee, desires to obtain 
permission to exercise the right provided for under Article 98, and if the other 
party concerned refuses to grant the permission without justifiable reasons or it 
is not possible to obtain such permission, the said patentee or exclusive or non­
exclusive licensee may request a trial for the grant of a non-exclusive license 
having the scope necessary to work the patented invention. 
(2) Where the request under paragraph (1) has been made, a non-exclusive 
license shall be granted only where the patented invention of the later 
application constitutes a substantial technical advance in comparison with the 
other party's patented invention or registered utility model for which an 
application was filed prior to the filing date of the later application. 
(3) If a person who has granted a non-exclusive license under paragraph (1) 
needs to work the patented invention of the person who has been granted such 
non-exclusive license, and if the latter refuses to give permission or if it is 
impossible to obtain such permission, the former may request a trial for the grant 
of a non-exclusive license having the scope that necessary to work his patented 
invention. 
(4) A non-exclusive licensee, who was granted a non-exclusive license under 
paragraph (1) or (3) of this Article, shall pay remuneration to the patentee, owner 
of the utility model right, owner of the designright or exclusive licensee thereof, 
provided that if payment is not possible for reasons beyond the control of the 
said non-exclusive licensee, the remuneration shall be deposited. 
(5) A non-exclusive licensee under paragraph (4) shall not work the patented 
invention, registered utility model or registered design, or similar design with out 
payment of remuneration or deposit thereof. 
Article 139 Request for Joint Trial, etc. 
(1) Where two or more persons request an invalidation trial under Article 133(1), 
134(1) or 137(1) or a trial to confirm the scope of a patent right under Article 
135(1), the request may be made jointly. 
(2) Where a trial is requested against any of the joint owners of a patent right, all 
the joint owners shall be made defendants. IP INIlIKORIPIl 
Page 65 
(3) Where joint owners of a patent right or of a right to obtain a patent request a 
trial concerning the right under joint ownership, the request shall be made jointly 
by all the joint owners. 
(4) Where there are ground for the suspension of trial proceedings which apply 
to one of the requesters under paragraph (1) or (3) or one of the defendants 
under paragraph (2), the suspension shall be effective against all of them. 
Article 140 Formal Requirements of Request for Trial 
(1) A person who desires to request a trial shall submit a written request to the 
President of the Industrial Property Tribunal, stating the following: 
( i ) names and domiciles of the parties and the name of the agent (in case 
of a legal entity, the title, place of business and the name of its 
representative) ; 
( i i) identification of the trial case; and 
(iii) purpose of the request and the grounds therefor. 
However, for trials under Article 140bis, the provisions of said Article shall apply. 
(2) No amendment of a request for trial submitted under paragraph (1) may 
change the intent or purpose thereof; however, this provision shall not apply with 
respect to the basis for the request under paragraph (1 )(iii). 
(3) When a trial is requested to confirm the scope of a patent right under Article 
135(1), the relevant specification and drawings shall be attached to the written 
request. 
(4) A written request for a trial under Article 138(1) shall, in addition to the 
particulars referred to in paragraph (1), state: 
( i ) the number and title of his patent which is required to be worked; 
( i i) the number, title and date of the other party's patent, registered utility 
model or registered design to be worked; and 
(iii) the scope, duration and remuneration for the non-exclusive license for 
a patented invention, a registered utility model or a design. 
(5) When a trial for amendment under Article 136(1) is requested, the amended 
specification or drawings shall be attached to the written request for trial. 
Article 140bis Formal Requirements of Request for Trial on Ruling of 
Refusal, Revocation, or Decision of Rejection of Amendment 
(1) A person, who desires to request a trial against a ruling of refusal, revocation, 
or a decision of rejection of amendment under Article 132ter or 132quater, shall IPINI1 IKORIPIl 
Page 66 
submit a written request to the President of the Industrial Property Tribunal, 
specifying: 
( i ) name and domicile of the petitioner and his agent (in the case of a legal 
entity, the title, place of business and the name of its representative); 
( i i) filing date and file number of the application (in the case of 
dissatisfaction with a decision of revocation, the registration date and 
number of the patent); 
(iii) title of the invention; 
(iv) date of the decision; 
( v ) identification of the trial case; and 
(vi) purpose of the request and the grounds therefor. 
(2) Where a request for a trial is made against a decision of revocation under 
Article 132ter, the President of the Industrial Property Tribunal shall notify the 
opponent regarding the purpose of the request. 
Article 141 Rejection of Request for Trial 
(1) Where a request for a trial does not comply with Articles 140(1) and (3) to (5) 
or 140bis(1), the presiding trial examiner shall order an amendment of the defect 
designating an adequate time limit therefor. This provision shall also apply 
where the prescribed fees have not been paid under Article 82. 
(2) If the petitioner fails to amend the defect within the designated time limit 
under paragraph (1), the presiding trial examiner shall reject the request for trial 
by decision. 
(3) A decision to reject a request for a trial under paragraph (2) shall be in writing 
and shall state the reasons therefor. 
Article 142 Rejection of Request for Trial Containing Incurable Defects 
If a request for a trial contains unActful defects which cannot be corrected by 
amendment, such request may be rejected by a ruling without giving the 
defendant an opportunity to submit a written reply. 
Article 143 Trial Examiners 
(1) When a trial is requested, the President of the Industrial Property Tribunal 
shall direct the trial examiners to hear the case. 
(2) The qualifications of the trial examiners shall be prescribed by Presidential 
Decree. IP INIlIKORlP 11 
Page 67 
(3) Trial examiners shall conduct their official trial duties for the trial in an 
independent manner. 
Article 144 Designation of Trial Examiners 
(1) For each trial, the President of the Industrial Property Tribunal shall 
designate trial examiners constituting a collegial body under Article 146. 
(2) When any trial examiner designated in accordance with paragraph (1) is 
unable to participate in the trial, the President of the Industrial Property Tribunal 
shall appoint another trial examiner to take his place. 
Article 145 Presiding Trial Examiner 
(1) The President of the Industrial Property Tribunal shall select one of the trial 
examiners designated under Article 144 (1) as the presiding trial examiner. 
(2) The presiding trial examiner shall preside over all matters relating to the trial. 
Article 146 Collegial Body for Trial 
(1) A trial shall be conducted by a collegial body of three or five trial examiners. 
(2) The collegial body referred to in paragraph (1) shall make its decisions by a 
majority vote. 
(3) The consultations of the trial examiners shall not be open to the public. 
Article 147 Submission of Response, etc. 
(1) When a trial has been requested, the presiding trial examiner shall transmit a 
copy of the written request to the defendant and shall give him an opportunity to 
submit a response within a designated time limit. 
(2) Upon receipt of the response under paragraph (1), the presiding trial 
examiner shall transmit a copy of the response to the petitioner. 
(3) The presiding trial examiner may directly examine the parties in relation to 
the trial. 
Article 148 Exclusion of Trial Examiner 
A trial examiner shall be precluded from exercising his functions in a trial where: 
( i ) the trial examiner or his present or former spouse is a party, intervenor, IP/NIl/KOR/P/l 
Page 68 
or opponent; 
( i i) the trial examiner is or was a blood relative or a member of the 
household, of a party, intervenor, or opponent; 
(iii) the trial examiner is or was a legal representative of a party, intervenor, 
or opponent; 
(iv) the trial examiner has become a witness or expert witness or was an 
expert witness; 
( v) the trial examiner is or was an agent of a party, intervenor, or opponent; 
(vi) the trial examiner participated as an examiner or trial examiner in an 
examination or a trial decision relating to the case; or 
(vii) the trial examiner has a direct interest. 
Article 149 Request for Exclusion 
Where there are ground for preclusion under Article 148, a party or intervenor 
may request for the exclusion of a trial examiner. 
Article 150 Challenge of Trial Examiner 
(1) Where there are circumstances wherein the participation of a trial examiner 
would prejudice the fairness of the proceedings in a trial, such trial examiner may 
be challenged by a party or intervenor. 
(2) After a party or intervenor has made a written or oral statement with regard to 
the case before a trial examiner, he may not challenge the trial examiner, except 
where the party or intervenor did not know that there was a ground for challenge 
or where a ground for challenge arose subsequently. 
Article 151 Indication of Grounds for Exclusion or Challenge 
(1) A person who presents a motion for exclusion or challenge under Articles 149 
or 150 shall submit a document to the President of the Industrial Property 
Tribunal stating the grounds therefor. However, in an oral trial examination, an 
oral challenge may be made. 
(2) The underlying causes for exclusion or challenge shall be substantiated 
within three daysfrom the date the motion was presented. 
Article 152 Decision on Request for Exclusion or Challenge 
(1) A decision on a request for exclusion or challenge shall be made by a trial. 
(2) The trial examiner subject to the exclusion or challenge motion shall not IP /N/1/KORlP /1 
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participate in the trial of the request but may, however, state his opinion. 
(3) A decision made under paragraph (1) shall be in writing and shall state the 
reasons therefor. 
(4) No appeal shall be made against a decision made under paragraph (1) of this 
Article. 
Article 153 Suspension of Proceedings 
When a motion for exclusion or challenge has been presented, the trial 
proceedings shall be suspended until a decision thereon has been made; 
however, this provision shall not apply to matters requiring urgent attention. 
Article 154 Trial Proceedings, etc. 
(1) The trial proceedings under Articles 133(1), 134(1) and 137(1) shall be 
conducted by oral hearings; however, the presiding trial examiner may, upon 
request of a party or intervenor or ex officio, conduct the trial proceedings by 
documentary examination. 
(2) Trial proceedings other than those under paragraph (1) shall be conducted 
by documentary examination; however, the presiding trial examiner may, upon 
request of a party or intervenor or ex officio, conduct the trial proceedings 
through oral hearings. 
(3) Oral hearings shall be conducted in public; however, this provision shall not 
apply where public order or morality is liable to be injured thereby. 
(4) Where the trial proceedings are conducted by oral hearings in accordance 
with the provisions of paragraph (1) or (2), the presiding trial examiner shall 
designate the date and place thereof and transmit a document containing such 
information to the parties and intervenors; however, this provision shall not apply 
where the parties or intervenors to case have already been notified. 
(5) With respect to trial proceedings by oral hearings under the provisions of 
paragraphs (1) or (2), an official, designated by the President of the Industrial 
Property Tribunal shall, under the direction of the presiding trial examiner, 
prepare a protocol setting forth the essence of the proceedings and other 
necessary matters in time for the date of each trial proceeding. 
(6) The presiding trial examiner and the official who has prepared the protocol 
under paragraph (5) shall sign the protocol and affix their seals thereto. 
(7) The provisions of Articles 142, 143 and 145 to 149 of the Code of Civil 
Procedure shall apply mutatis mutandis to the protocol under paragraph (5). IP/N/IIKOR/P/l 
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(8) The provisions of Articles 133, 271 and 339 of the Code of Civil Procedure 
shall apply mutatis mutandis to a trial. 
Article 155 Intervention 
(1) Any person having the right to request a trial under Article 139(1) may 
intervene in the trial before the conclusion of the trial examination. 
(2) An intervenor under paragraph (1) may continue a trial even after the request 
for the trial has been withdrawn by the original party. 
(3) Any person having an interest in the result of a trial may intervene in the trial, 
before the conclusion of the trial examination in order to assist one of the parties. 
(4) An intervenor under paragraph (3) may initiate and take part in any procedure 
relating to the trial. 
(5) Where there are grounds for suspension of a trial proceeding applicable to 
the intervenor under paragraphs (1) or (3), the suspension shall also be effective 
against the original party. 
Article 156 Request for Intervention and Decision 
(1) A person desiring to intervene in a trial shall submit, in writing, a request for 
intervention to the presiding trial examiner. 
(2) The presiding trial examiner shall transmit copies of the request for 
intervention to the parties and other intervenors and give them an opportunity to 
submit written opinions within a designated time limit. 
(3) Where a request for intervention is made, the decision thereon shall be made 
by a trial. 
(4) The decision under paragraph (3) shall be in writing and shall state the 
reasons therefor. 
(5) No appeal shall be made against the decision under paragraph (3). 
Article 157 Taking of Evidence and Preservation Thereof 
(1) With respect to a trial, evidence may be taken or preserved upon request of a 
party, intervenor, interested person or ex officio. 
(2) The provisions of the Code of Civil Procedure relating to the taking and 
preservation of evidence shall apply mutatis mutandis to any taking and 
preservation thereof under paragraph (1). However, the trial examiner may not IP/N/1IKORlPIl 
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impose a fine for negligence, order compulsory appearance, or require the 
deposit of money as security. 
(3) A request to preserve evidence shall be made to the President of the 
Industrial Property Tribunal prior to a request for trial and to the presiding trial 
examiner of the case while the trial is pending. 
(4) Where a motion for preservation of evidence has been made under 
paragraph (1) prior to a request for trial, the President of the Industrial Property 
Tribunal shall designate a trial examiner to be responsible for the preservation of 
evidence. 
(5) Where evidence has been taken or preserved ex officio under paragraph (1), 
the presiding trial examiner shall notify the parties, intervenors, and interested 
persons thereof and shall give them an opportunity to submit written opinions 
within a designated time limit. 
Article 158 Continuation of Trial Proceedings 
Notwithstanding the failure of a party or intervenor to take any proceedings 
within the time limit prescribed by Act, or designated in accordance with the 
Patent Act, or failure to appear on the designated date in accordance with Article 
154( 4), the presiding trial examiner may proceed with the trial proceedings. 
Article 159 Ex Officio Trial Examination 
(1) Grounds which have not been pleaded by a party or intervenor in a trial may 
be examined; however, in such cases, the parties or intervenors shall be given 
an opportunity to state their opinions regarding such grounds, within a 
designated time limit. 
(2) In a trial, no examination may be made on the purpose of a claim not 
requested by the petitioner. 
Article 160 Combination or Separation of Trial or Ruling 
The trial examiner may combine the examination of two or more trial 
proceedings where one or both of the parties thereto are the same, or, may 
examine them separately. 
Article 161 Withdrawal of Request for Trial 
(1) A request for trial may be withdrawn by the petitioner before the trial decision 
has become final and conclusive; however, the consent of the defendant for the 
withdrawal shall be obtained where a response has already been submitted. IPINI1 IKORIPIl 
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(2) When a request for a trial for invalidating a patent under Article 133(1) or for 
confirming the scope of a patent right under Article 135 has been made with 
regard to two or more claims, the request may be withdrawn for each of the 
claims. 
(3) When a request for a trial is withdrawn under paragraph (1), it shall be 
deemed never to have been made. 
Article 162 Ruling on Trial 
(1) Except as otherwise provided for, when a trial ruling has been rendered, the 
trial shall be closed. 
(2) The trial ruling under paragraph (1) shall be in writing, signed and sealed by 
the trial examiners who have rendered it, and shall state the following: 
( j ) the number of the trial; 
( i i) the name and domicile of the parties, intervenors and agents (in the 
case of a legal entity, the title, the place of business and the name of its 
representative) ; 
(iii) the identification of the trial case; 
(iv) the text of the ruling (including the scope, duration and remuneration in 
trial cases under Article 138); 
( v ) the reasons for the decision (including the purpose and a summary of 
the reason for the request); and 
(vi) the date of the ruling. 
(3) When a case has been thoroughly examined and is ready to be ruled, the 
presiding trial examiner shall notify the closure of the trial examination to the 
parties and intervenors. 
(4) Even after notification of the closure of the trial examination under paragraph 
(3), the presiding trial examiner may, if necessary, reopen the examination upon 
the motion of a party or an intervenor or ex officio. 
(5) The decision shall be rendered within twenty days following the date on 
which notification of the closure of the trial examination is served under 
paragraph (3). 
(6) When a trial decision or a ruling has been rendered, the presiding trial 
examiner shall transmit a certified copy of the trial decision or the ruling to the 
parties, intervenors, and persons who have requested intervention to the trial, 
but have been rejected. 
Article 163 Res Judicata IPINIlIKORlPIl 
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When a trial decision or ruling has become final and conclusive and has been 
registered pursuant to the Patent Act, no person may demand another trial on 
the basis of the same facts and evidence. 
Article 164 Suspension of Trial or Litigation Proceedings 
(1) Proceedings of a trial may, if necessary, be suspended until the decision on a 
patent opposition relevant to the trial or the trial decision of another trial becomes 
final and conclusive or litigation proceedings thereon are concluded. 
(2) The court may, if considered necessary in the litigation proceedings, suspend 
the litigation proceedings until a trial decision on the patent becomes final and 
conclusive. 
Article 165 Costs of Trial 
(1) The imposition of costs in connection with a trial under Articles 133(1), 134(1), 
135 and 137(1) shall be decided by a trial decision in the event the trial is 
terminated by a trial decision, or by a decision in the trial where the trial is 
terminated in a manner other than by a trial decision. 
(2) The provisions of Articles 89 to 94, 98(1) and (2), 99, 101, 102 and 106 of the 
Code of Civil Procedure shall apply mutatis mutandis to the costs in connection 
with the trial under paragraph (1). 
(3) The costs in connection with the trial under Article 132ter, 132quater, 136 or 
138 shall be borne by the petitioner or the opponent. 
(4) The provisions of Article 93 of the Code of Civil Procedure shall apply mutatis 
mutandis to the costs borne by the requester or the opponent under paragraph 
(3). 
(5) The amount of the costs in connection with a trial shall be decided by the 
President of the Industrial Property Tribunal, upon request, after the trial decision 
or the ruling has become final and conclusive. 
(6) The extent, amount and payment of the costs of a trial, as well as the 
payment of the costs for performing any procedural acts in the trial, shall be 
governed by the relevant provisions of the Act of Civil Procedure Costs unless 
they are incompatible. 
(7) The payment which a party has paid or will pay to a patent attorney who 
representing the party in the trial shall be deemed an element of the costs in 
connection with a trial to determine the extent of the costs by the Commissioner 
of the Korean Industrial Property Office. In this regard, even if two or more patent 
attorneys have represented a person for the trial, it shall be deemed to have IP 1Nl 1 IKORIPIl 
Page 74 
been represented by one patent attorney. 
Article 166 Title of Liability of Costs, Remuneration or Compensation 
A final and conclusive ruling on the amount of the costs of a trial, compensation 
or remuneration payable under the Patent Act shall have the same effect as an 
enforceable title of liability; the legal writ, which has the force of execution, shall 
be given by an official of the Industrial Property Tribunal. 
Article 167 Deleted. 
Article 168 Deleted. 
Article 169 Deleted. 
Article 170 Mutatis Mutandis Application of Provisions on Examination to 
Trial against Ruling of Refusal 
(1) The provIsions of Articles 47(2)(iii), 51, 63 and 66 shall apply mutatis 
mutandis to a trial against a ruling of refusal by an examiner. In this case, the 
term "where an applicant has requested a trial under Article 132quater against a 
decision to reject an amendment" shall read "where an applicant has brought an 
action before the court under Article 186(1), and "until the trial decision has 
become final and conclusive" shall read "until the judgement has become final 
and conclusive." 
(2) Articles 51 (1) and (5), and 63 which are applicable mutatis mutandis under 
paragraph (1) shall apply in the cases where grounds for rejection different from 
those of the examiner's original ruling of refusal have been found. 
Article 171 Special Provisions on Trial against Ruling of Refusal or 
Decision of Rejection of Amendment 
(1) In the case of a trial against a ruling of refusal by an examiner under Article 
173, the selection of the trial examiners of the trial case shall be made only when 
notification has been made under Article 175(2). 
(2) Articles 147(1) and (2), 155 and 156 shall not be applicable to a trial against a 
ruling of refusal or revocation by an examiner under Article 132ter and to a trial 
against a decision of rejection of an amendment under Article 132quater. 
Article 172 Effect of Examination or Opposition Proceedings 
Proceedings previously taken during the course of an examination or an 
opposition shall also remain effective in a trial against a ruling of refusal or 
revocation by an examiner. Article 173 Reexamination Prior to Trial IP/N/IIKOR/P1l 
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(1) Where an amendment of the specification or drawings attached to the 
application which is the subject of the request has been made within thirty days 
after a request for a trial against a ruling of refusal under Article 132ter, the 
President of Industrial Property Tribunal shall notify the Commissioner of the 
Korean Industrial Property Office before proceeding with the trial. 
(2) Where a notification referred to in paragraph (1) has been made, the 
Commissioner of the Korean Industrial Property Office shall have the examiner 
reexamine the application. 
Article 174 Mutatis Mutandis Application of Provision on Examination to the 
Reexamination Prior to Trial 
(1) The provisions of Articles 51, 57(2), 78 and 148(i) to (v) and (vii) shall apply 
mutatis mutandis to the reexamination under Article 173. 
(2) The provisions of Articles 47(2)(iii) and 63 shall apply mutatis mutandis to the 
reexamination under Article 173 if grounds for rejection different from those of 
the examiner's original ruling of refusal are found. 
(3) The provisions of Articles 66 and 67 shall apply mutatis mutandis to the 
reexamination under Article 173 if the request for trial is deemed to have merit. 
Article 175 Termination of Reexamination 
(1) If the examiner desires to make a decision to grant a patent as a result of 
reexamination under Article 173, he shall cancel his previous ruling of refusal 
against which a trial was requested. 
(2) If the examiner cannot make a decision to grant a patent as a result of 
reexamination under Article 173, he shall report the result of his reexamination to 
the Commissioner of the Korean Industrial Property Office without making a 
ruling of refusal under Article 62. The Commissioner of the Korean Industrial 
Property Office shall notify the President of the Industrial Property Tribunal after 
receipt of the report. 
Article 176 Reversal of Decision and Remand 
(1) Where the trial examiners have deemed that the request for a trial under 
Articles 132ter or 132quater were well-grounded, they shall reverse the 
examiner's ruling of refusal, revocation or rejection of a amendment. IPINIlIKOR/PI1 
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(2) Where a ruling of refusal or revocation of a patent is reversed in a trial, a trial 
decision may be made to remand the case to the Examination Bureau. 
(3) In ruling on a trial under paragraphs (1) and (2) of this Article, the reasons 
constituting the basis for the reversal shall bind the examiner with respect to the 
case. 
Article 177 Deleted. 
CHAPTER VIII 
RETRIAL 
Article 178 Request for Retrial 
(1) Any party may request a retrial against a trial decision which has become 
final and conclusive. 
(2) The provisions of Articles 422 and 424 of the Code of Civil Procedure shall 
apply mutatis mutandis to a request for retrial under paragraph (1). 
Article 179 Request for Retrial on Account of Collusion 
(1) Where the parties in a trial acted in collusion for the purpose of causing a trial 
decision to be rendered which damages the rights or interests of a third party, 
such third party may request a retrial against the trial decision which has become 
final and conclusive. 
(2) In the case of a request for a retrial under paragraph (1), the parties of the 
trial shall be joint defendants. 
Article 180 Time Limit for Request for Retrial 
(1) A retrial shall be requested within thirty days from the date on which the 
petitioner becomes aware of the grounds for the retrial after the trial ruling 
became final and conclusive. 
(2) Where a retrial is requested by reason of defects in a power of attorney, the 
time limit provided for in paragraph (1) shall be counted from the day following 
the date on which the petitioner or his legal representative becomes aware that 
the trial ruling had been rendered, by means of a transmittal of the certified copy 
of such ruling. 
(3) No request for a retrial shall be made after the expiration of three years from the date on which the trial ruling became final and conclusive. IP/N/IIKORlP/l 
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(4) Where grounds for a retrial arise after the trial ruling has become final and 
conclusive, the time limit prescribed in paragraph (3) shall be counted from the 
day following the date on which the grounds first arose. 
(5) Paragraphs (1) and (3) shall not apply to a request for a retrial made on the 
grounds that the trial ruling conflicts with a final and conclusive trial ruling 
previously rendered. 
Article 181 Restriction on Effects of Patent Rights Restored by Retrial 
(1) Patent rights shall not be effective to any product that was imported into, 
manufactured or acquired in good faith, in the Republic of Korea after the trial 
ruling became final and conclusive but before a request for a retrial has been 
registered, in any of the following cases: 
( i ) where the patent right whose patent or registration of term extension 
was concluded to be invalid (including a patent right, the revocation of which 
was concluded by a trial decision of revocation), has been restored by a 
retrial; 
( i i) after a trial ruling that a product was outside the scope of the patent 
right became final and conclusive, where a ruling to the contrary at a retrial 
has become final and conclusive; or 
(iii) where the establishment of a patent right or the extension of a patent 
term with respect to a patent application or application for registration of 
extension of patent term, previously refused by a trial ruling, has been 
registered through retrial. 
(2) Patent right under the provisions of paragraph (1) of this Article shall not 
extend to the following acts: 
( i ) working of the invention in good faith after a trial ruling became final and 
conclusive but before the registration of a request for retrial; 
( i i) in the case of a patent for an invention of a product, acts of 
manufacturing, assigning, leasing, importing, or offering for assigning or 
leasing such articles as to be used exclusively for the manufacture of the 
products, in good faith, after trial decision became final and conclusive but 
before the registration of a request for retrial; and 
(iii) in the case of a patent for an invention of a process, acts of 
manufacturing, assigning, leasing, importing, offering for assigning or 
leasing such articles as to be used exclusively for the working of the process, 
in good faith, after a trial decision became final and conclusive but before 
the registration of a request for retrial. 
Article 182 Non-exclusive License for Prior User of Patent Right Restored 
by Retrial IPINIIIKORlP/1 
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For cases which fall under any of the subparagraphs of Article 181 (1), any 
person who has, in good faith, commercially or industrially worked the invention 
in the Republic of Korea, or has been making preparations therefor, after a trial 
ruling became final and conclusive but prior to the registration of a request for 
retrial, such person shall have a non-exclusive license on the patent right to the 
extent of the invention and of the purpose of business which is being worked or 
of which the preparations for working are being made. 
Article 183 Non-exclusive License for Person Deprived of a Non-exclusive 
License by Retrial 
(1) Where, after a decision to grant a non-exclusive license under Article 138(1) 
or (3) has become final and conclusive, a decision to the contrary is rendered at 
a retrial, any person who has, in good faith, commercially or industrially worked 
the invention in the Republic of Korea or has been making preparations therefor 
under a non-exclusive license, prior to the registration of a request for retrial, 
such person shall have a non-exclusive license on the patent right or on the 
exclusive license existing at the time the decision at the retrial becomes final and 
conclusive, the said license being limited to the purpose of his business and to 
the scope of the invention under the original non-exclusive license. 
(2) The provisions of Article 104(2) shall apply mutatis mutandis to the case 
referred to under paragraph (1). 
Article 184 Mutatis Mutandis Application of Provisions on Trial to Retrial 
The provisions relating to a trial shall apply mutatis mutandis to a request for a 
retrial against the decision of trial decision, unless they are not compatible. 
Article 185 Mutatis Mutandis Application of Provisions of the Code of Civil 
Procedure 
The provision of Article 429(1) of the Code of Civil Procedure shall apply mutatis 
mutandis to a request for retrial. 
CHAPTER IX 
LITIGATION 
Article 186 Action on a Trial Decision, etc. 
(1) The Patent Court of Korea shall have original jurisdiction over any action on a 
trial decision, rejection of amendment under Article 51 (1) applying mutatis IP/N/l/KORlP/l 
Page 79 
mutandis to Article 170(1) (including the cases applying mutatis mutandis to 
Article 184), or dismissal of a request for a trial or retrial. 
(2) The action prescribed in paragraph (1) may be brought by a person who is a 
party, intervenor or any person who has requested for intervention in the trial but 
has been rejected. 
(3) The action prescribed in paragraph (1) may be brought within thirty days from 
the date of receipt of a certified copy of the trial decision or ruling. 
(4) The time limit prescribed in paragraph (3) shall not be changed. 
(5) With respect to a peremptory period as referred to in paragraph (4) of this 
Article, the presiding trial examiner may, ex officio, determine any additional 
period for the benefit of a person residing in an area that is remote or difficult to 
access. 
(6) An action may not be brought unless it relates to matters for which a trial may 
be requested. 
(7) An action under paragraph (1) on a trial decision on remuneration under 
Article 162(2)(iv) and a trial decision or rul ing on trial costs under Article 165( 1 ) 
may not be brought independently. 
(8) Any person who has received a ruling from the Patent Court may appeal to 
the Supreme Court. 
Article 187 Qualification for Defendant 
In an action under Article 186(1), the Commissioner of the Korean Industrial 
Property Office shall be the defendant. However, in the case of an action on 
decisions of trial under Articles 133(1),134(1),135(1), 137(1), 138(1) and (3) or 
retrial, the petitioner or the defendant thereof shall be the defendant. 
Article 188 Notification of Institution of Action and Transmittal of Document 
(1) When an action under the provision of Article 187(1) is instituted, the Patent 
Court shall notify without delay the President of the Industrial Property Tribunal 
accordingly. 
(2) When an action under the provision of Article 187(1) has been concluded, the 
Patent Court shall transmit a certified copy of the judgement on the action to the 
President of the Industrial Property Tribunal. 
Article 188bis Exclusion or Challenge of Technical Hearing Officials IPINIlIKORIPIl 
Page 80 
(1) The provisions of Article 148 of the Patent Act, Articles 38 to 41, 43 and 44 of 
the Code of Civil Procedure shall apply mutatis mutandis to the exclusion or 
challenge of technical hearing officials under the provisions of Article 54bis of the 
Court Constitution Act. 
(2) A decision of an action regarding the exclusion or challenge of technical 
hearing officials under paragraph (1) shall be rendered by the court in which the 
officials participate. 
(3) The technical hearing officials may be excluded with the consent of the 
President of the Industrial Property Tribunal if the reasons for exclusion or 
challenge thereof are deemed to be well-grounded. 
Article 189 Revocation of Trial Decision or Ruling 
(1) Where the Patent Court has deemed that an action under Article 186(1) was 
well-grounded, it shall revoke the trial decision or ruling by judgement. 
(2) Where a reversal of trial decision or ruling becomes final and conclusive 
under paragraph (1), the trial examiner shall review the case and make a trial 
decision or ruling. 
(3) The reasons for a judgement on an action under paragraph (1) which 
constitute the basis for the revocation shall bind the Industrial Property Tribunal 
with respect to the case. 
Article 190 Action Against Decision on Amount of Compensation or 
Remuneration 
(1) A person who is dissatisfied with a decision or ruling regarding the amount of 
compensation or remuneration under ~rticles 41(3) or (4),106(3), 110(2)(ii), or 
138( 4), may bring an action before the Court. 
(2) An action under paragraph (1) shall be filed within thirty days from the date of 
receipt of a certified copy of the decision or ruling. 
(3) The time limit prescribed in paragraph (2) shall not be changed. 
Article 191 Defendant in an Action Relating to Compensation or 
Remuneration 
In an action under Article 190, the following persons shall be the defendants: 
( i ) the government agency or applicant liable for payment of compensation 
in the case of compensation under Article 41(3) or (4); 
( i i) the government agency, patentee, exclusive licensee or non-exclusive 
licensee liable for payment of compensation in the case of compensation under Article 106(3); or IPINIlIKOR/PIl 
Page 81 
(iii) the non-exclusive licensee, exclusive licensee, patentee or owner of a 
utility model or design registration in the case of remuneration under Article 
11 O(2)(ii) or 138(4). 
CHAPTER X 
INTERNATIONAL APPLICATIONS UNDER THE PATENT 
COOPERATION TREATY 
Part I. International Application Procedure 
Article 192 Persons Capable of International Application 
Any person who falls under any of the following subparagraphs may file an 
international application with the Commissioner of the Korean Industrial Property 
Office: 
( i ) a national of the Republic of Korea; 
( i i) a foreigner who has a residence or place of business in the Republic of 
Korea; 
(iii) a person who does not fall under subparagraph (i) or (ii) but who files an 
international application under the name of a representative falling under 
subparagraph (i) or (ii); or 
(iv) a person who meets the requirements prescribed by the Ordinance of 
the Ministry of Commerce, Industry and Energy. 
Article 193 International Application 
(1) A person desiring to file an international application shall submit to the 
Commissioner of the Korean Industrial Property Office a request, description, 
claims, drawings (where required) and an abstract prepared in the Korean 
language or any language prescribed by the Ordinance of the Ministry of 
Commerce, Industry and Energy. 
(2) The request shall contain: 
( i ) a petition to the effect that the international application be processed 
according to the Patent Cooperation Treaty; 
( i i) the designation of the contracting States in which protection for the 
invention is desired on the basis of the international application; 
(iii) if the applicant wishes to obtain a regional patent referred to in Article 
2(iv) of the Patent Cooperation Treaty, an indication to that effect; 
(iv) the name, or title, and the domicile, or place of business, and the IP INI1IKOR!P 11 
Page 82 
nationality, of the applicant; 
( v ) the name and domicile or place of business of the agent (if any); 
(vi) the title of the invention; and 
(vii) the name and domicile, or place of business, of the inventor (where the 
national Act of a designated State requires that these indications be 
furnished). 
(3) The description under paragraph (1) shall disclose the invention in a manner 
sufficiently clear and complete for the invention to be carried out easily by a 
person skilled in the art to which the invention pertains. 
(4) The claims under paragraph (1) shall clearly and concisely define the matter 
for which protection is sought and be fully supported by the description. 
(5) Other necessary matters which are not prescribed in paragraphs (1) to (4) 
concerning an international application shall be prescribed by the Ordinance of 
the Ministry of Commerce, Industry and Energy. 
Article 194 Recognition, etc. of Filing Date of International Application 
(1) The Commissioner of the Korean Industrial Property Office shall deem the 
date of receipt of the international application as the international filing date 
under Article 11 of the Patent Cooperation Treaty (hereinafter referred to as an 
"international filing date"), unless: 
( i ) the applicant does not meet the requirements prescribed in Article 192; 
( i i) the international application is not in the language prescribed under 
Article 193(1); 
(iii) the international application does not contain a description or claim(s); 
or 
(iv) the elements listed in Article 193(2)(i) and (ii) or the name or title of the 
applicant are not indicated. 
(2) If an international application falls under any of the subparagraphs of 
paragraph (1), the Commissioner of the Korean Industrial Property Office shall 
invite the applicant to amend the defect, in writing, within a designated time limit. 
(3) If an international application refers to a drawing or drawings which is or are 
not included in .that application, the Commissioner of the Korean Industrial 
Property Office shall notify the applicant accordingly. 
(4) The Commissioner of the Korean Industrial Property Office shall deem the 
international filing date as the date of receipt of the amendment in writing when 
the invited applicant under paragraph (2) has complied with the invitation within 
the designated time limit, or the date of receipt of the drawings when the invited 
applicant under paragraph (3) has furnished the drawings within the time limit 
prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy. IP INI1IKORIP 11 
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If the invited applicant under paragraph (3) has not furnished the drawings within 
the time limit prescribed by the Ordinance of the Ministry of Commerce, Industry 
and Energy then reference to the said drawings shall be considered nonexistent. 
Article 195 Invitation to Amendment 
The Commissioner of the Korean Industrial Property Office shall invite the 
applicant to make amendments, in writing, within a designated time limit, if the 
international application does not: 
( i ) contain the title of the invention; 
( i i) contain an abstract; 
(iii) comply with Articles 3 or 197(3); or 
(iv) comply with the requirements prescribed by the Ordinance of the 
Ministry of Commerce, Industry and Energy. 
Aticle 196 International Application Considered to Have Been Withdrawn 
(1) An international application shall be considered to have been withdrawn if: 
( i ) the applicant has failed to make an amendment within the time limit 
designated under Article 195; 
( i i) a fee has not been paid within the time limit prescribed by the 
Ordinance of the Ministry of Commerce, Industry and Energy, and Article 
14(3)(a) of the Patent Cooperation Treaty therefore becomes applicable; or 
(iii) with regard to an international application to which an international filing 
date has been recognized under Article 194, the said application is found to 
fall under any of the subparagraphs of the provisions under Article 194(1), 
within the time limit prescribed by the Ordinance of the Ministry of 
Commerce, Industry and Energy. 
(2) If part of a fee has not been paid within the time limit prescribed by the 
Ordinance of the Ministry of Commerce, Industry and Energy, and Article 
14(3)(b) of the Patent Cooperation Treaty therefore becomes applicable, the 
designation of the State or States in respect of which the fee has not been paid 
shall be considered to have been withdrawn. 
(3) If an international application, or part of the States designated, is considered 
to have been withdrawn under paragraphs (1) or (2), the Commissioner of the 
Korean Industrial Property Office shall notify the applicant accordingly. 
Article 197 Representative, etc. 
(1) Where two or more applicants jointly file an international application, the 
procedure under Articles 192 to 196 and 198 may be initiated by a common 
representative of the applicants. IP/N/l/KORIPIl 
Page 84 
(2) Where two or more applicants jointly file an international application and do 
not designate a common representative, a representative may be designated as 
their common representative as prescribed in the Ordinance of the Ministry of 
Commerce, Industry and Energy. 
(3) Where an applicant intends to allow an agent to initiate a procedure for him 
under paragraph (1), he shall appoint a patent attorney as his agent unless the 
procedure is initiated by a legal representative under Article 3. 
Article 198 Fees 
(1) An applicant for an international application shall pay the required fees. 
(2) Fees, proceedings and time limits for payments under paragraph (1) shall be 
prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy. 
Article 198bis International Search and International Preliminary 
Examination 
(1) The Korean Industrial Property Office shall perform duties as an international 
searching authority and as an international preliminary examining authority for 
an international application in accordance with a convention concluded with the 
International Bureau, as prescribed in Article 2(xix) of the Patent Cooperation 
Treaty. 
(2) Details concerning the performance of duties as prescribed in paragraph (1) 
shall be prescribed by the Ordinance of Ministry of Commerce, Industry and 
Energy. 
Part 11. Special Provisions on International Patent 
Applications 
Article 199 Patent Application Based on International Application 
(1) An international application for which an international filing date has been 
recognized under the Patent Cooperation Treaty, and which designates the 
Republic of Korea as a designated State in order to obtain a patent, shall be 
considered to be a patent application filed on its international filing date. 
(2) Article 54 shall not apply to an international application considered to be a 
patent application under paragraph (1) (hereinafter referred to as an 
"international patent application"). IP INIlIKORIP 11 
Page 85 
Article 200 Special Provision Concerning Presumption of Novelty of 
Inventions 
Notwithstanding Article 30(2), any person desiring application of Article 30(1 )(i) 
or (iii) to the invention claimed in an international patent application may submit 
to the Commissioner of the Korean Industrial Property Office a written statement 
to that effect and a document proving that the invention falls under Article 
30(1 )(i) or (iii) within the time limit prescribed by the Ordinance of the Ministry of 
Commerce, Industry and Energy. 
Article 201 Translation of International Patent Application 
(1) The applicant for an international patent applied in any foreign language shall 
submit to the Commissioner of the Korean Industrial Property Office a Korean 
translation of the description, claims, drawings (only text matter thereof) and 
abstract filed on the international filing date within one year and eight months 
from the priority date as defined in Article 2(xi) of the Patent Cooperation Treaty 
(hereinafter referred as "priority date") or two years and six months from the 
priority date in case where the said applicant has requested an International 
Preliminary Examination under Article 33 of the Patent Cooperation Treaty within 
one year and seven months from the priority date and elected the Republic of 
Korea as an elected State under the Article 31 (4)(a) of the Patent Cooperation 
Treaty (hereinafter referred to as "domestic time limit for submitting documents"). 
However, in cases where an applicant for an international patent has amended 
the claims under Article 19(1) of the Patent Cooperation Treaty, only the Korean 
translation of the amended claims need be submitted. 
(2) If the translation of the description and claims under paragraph (1) have not 
been submitted within the domestic time limit for submitting documents, the 
international patent application shall be deemed to be withdrawn. 
(3) An applicant who has submitted the translation referred to in paragraph (1) 
may submit a new translation to replace the prior translation only within the 
designated domestic time limit for submitting documents; however, this provision 
shall not apply where the applicant has made a request for examination. 
(4) Matters which were disclosed in the description, claims and text matter of 
drawings of an international patent application filed on the international filing 
date, but which were not disclosed in the translation under paragraph (1) or (3) 
(hereinafter referred to as a "translated version") submitted within the domestic 
time limit for submitting documents (or the date of the request for examination 
where the applicant has made such a request within the said time limit; 
hereinafter referred to as "relevant date") shall be deemed not to have been 
disclosed in the description, claims and the text matter of the drawings of said 
international patent application filed on the international filing date. 
(5) An application of an international patent application submitted on the 
international filing date shall be deemed to be an application submitted under IP/N/l/KOR/P/l 
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Article 42(1). 
(6) The translated version of the description, claims, drawings and abstract of an 
international patent application (the description, claims, drawings and abstract 
submitted on the international filing date, in case of an international patent 
application made in the Korean language) shall be deemed to be the description, 
claims, drawings and abstract submitted under Article 42(2). 
(7) Article 204(1) and (2) shall not apply in case where a Korean translation of 
the amended claims has been submitted pursuant to the provision of paragraph (1). 
(8) Where the Korean translation for only the amended claims has been 
submitted pursuant to the provision of paragraph (1), the claims submitted at the 
international filing date shall not be recognized. 
Article 202 Special Provisions on Claim of Priority 
(1 ) Articles 55(2) and 56(2) shall not apply to an international patent application. 
(2) For the purpose of Article 55(4), "description or drawings originally attached 
to the earlier application" shall read "description, claims and drawings (only text 
matter thereof) submitted on the international filing date under Article 201 (1), 
and the translated version of said documents under Article 201 (4) or drawings 
(except the text matter thereof) of the international application submitted on the 
international text matter thereof) of the international application submitted on the 
international filing date" and "laying open for public inspection" shall read 
"international publication under Article 21 of the Patent Cooperation Treaty." 
(3) For the purposes of Articles 55(1), (3) and (4) and 56(1), where the earlier 
application under Article 55(1) of the Patent Act is the international patent 
application or international utility model application under Article 57(2) of the 
Utility Model Act, "description or drawings originally attached to a patent or utility 
model application" in Article 55(1) and (3) shall read "description, claims and 
drawings of an international application submitted on the international filing date 
under Article 201 (1) of the Patent Act or Article 59(1) of the Utility Model Act," 
"description or drawings originally attached to the earlier application" in Article 
55(4) shall read "description, claims or drawings of an international application 
concerning an earlier application submitted on the international filing date under 
Article 201 (1) or Article 59(1) of the Utility Model Act," "laying open of the earlier 
application" for public inspection in Article 55(4) shall read "international 
publication concerning said earlier application under Article 21 of the Patent 
Cooperation Treaty" and "at the expiration of one year and three months from 
the filing date" in Article 56(1) shall read "at the relevant date under Article 
201 (4) of the Patent Act or Article 59(4) of the Utility Model Act or at the 
expiration of one year and three months from the international filing date under 
Article 201 (1) of the Patent Act or Article 59(1) of the Utility Model Act, whichever 
date expires later," respectively. IP INIlIKORIP /1 
Page 87 
(4) For the purposes of Articles 55(1), (3) and (4) or 56(1), where the earlier 
application under Article 55(1) is an international patent application recognized 
as a patent application or a utility model application under Article 214(4) of the 
Patent Act or Article 71 (4) of the Utility Model Act, "description or drawings 
originally attached to the application" in Article 55(1) and (3) shall read 
"description, claims or drawings of an international application as of the date 
regarded as the international filing date under Article 214(4) of the Patent Act or 
Article 71 (4) of the Utility Model Act" and "description or drawings originally 
attached to the earlier application" in Article 55(4) shall read "description, claims. 
or drawings of an international application concerning an earlier application as of 
the date regarded as the international filing date under Article 214(4) of the 
Patent Act or Article 71(4) of the Utility Model Act" and "at the expiration of one 
year and three months from the filing date of that earlier application" in Article 
56(1) shall read "within one year and three months from the date regarded as the 
international filing date under Article 214(4) of the Patent Act or Article 71(4) of 
the Utility Model Act or at the time of making a decision under Article 214(4) of 
the Patent Act or Article 71 (4) of the Utility Model Act, whichever date expires 
later," respectively. 
Article 203 Submission of Document 
An applicant for an international patent may submit, within the designated 
domestic time limit for submitting documents to the Commissioner of the Korean 
Industrial Property Office, a document stating: 
( i ) the name and domicile of the applicant (the title, place of business and 
name of its representative, in the case of a legal entity); 
( i i) the name and domicile or place of business of the agent, if any; 
(iii) the date of submission; 
(iv) the title of the invention; 
( v ) the name and domicile, or place of business of the inventor; and 
(vi) the international filing date and the international application number. 
Article 204 Amendment after Receipt of the International Search Report 
(1) If the claims of an international patent application have been amended after 
receipt of the international search report under Article 19(1) of the Patent 
Cooperation Treaty, the applicant of the international patent application shall 
submit to the C6mmissioner of the Korean Industrial Property Office a Korean 
translation of such an amendment no later than the relevant date. 
(2) Where a translation of the amendment has been submitted under paragraph 
(1), the claims shall be deemed to have been amended under Article 47(1) by 
the translation. 
(3) Where a statement under Article 19(1) of the Patent Cooperation Treaty has IPINI 1 IKORIPI 1 
Page 88 
been submitted to the International Bureau under Article 2(xix) of the said Treaty 
(hereinafter referred to as the "International Bureau"), the applicant of an 
international patent application shall submit to the Commissioner of the Korean 
Industrial Property Office a Korean translation of such statement. 
(4) If an applicant of an international patent application has not followed the 
procedure under paragraph (1) or (3) before the relevant date, the amendment 
or statement under Article 19(1) of the Patent Cooperation Treaty shall be 
deemed not to have been made. 
(5) The time limit for an amendment prescribed in Article 47(1) shall not apply to 
an amendment under paragraph (2). 
Article 205 Amendment Before Establishment of the International 
Preliminary Examination Report 
(1) If the description, claims and drawings of an international patent application 
have been amended under Article 34(2) of the Patent Cooperation Treaty, the 
applicant of an international patent application shall submit to the Commissioner 
of the Korean Industrial Property Office a Korean translation of such amendment 
no later than the relevant date. 
(2) When a translation of the amendment has been submitted under paragraph 
(1), the description and drawings shall be deemed to have been amended under 
Article 47(1) by the translation. 
(3) If an applicant of an international patent application has not followed the 
procedure under paragraph (1) prior to the relevant date, the amendment under 
Article 34(2)(b) of the Patent Cooperation Treaty shall be deemed not to have 
been made. 
(4) The time limit for an amendment prescribed in Article 47(1) shall not apply to 
an amendment under paragraph (2). 
Article 206 Special Provision on Patent Administrator for Nonresidents 
(1) Notwithstanding the provisions of Article 5(1), a nonresident applicant of an 
international patent application may, prior to the relevant date, initiate a 
procedure relating to a patent application without a patent administrator. 
(2) Nonresidents who have submitted a translation of an application under 
paragraph (1) shall appoint a patent administrator and report that fact to the 
Commissioner of the Korean Industrial Property Office within the time limit 
prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy. 
(3) The international application shall be deemed to have been withdrawn where 
the appointment of a patent administrator is not reported within the time limit prescribed under paragraph (2). IP/N/IIKORJPIl 
Page 89 
Article 207 Special Provision on the Time and Effect of Laying-Open of 
Application 
(1) In the case of the laying-open of an international patent application, "after 
one year and six months from the filing date of an application for a patent (from 
the date prescribed in Article 47(1 )(ii) to (iv), if the application contains a priority 
claim)" in Article 64(1) shall read "within the time limit under Article 201 (1) 
(where the applicant has made a request for examination of the international 
patent application within said period and the international publication under 
Article 21 of the Patent Cooperation Treaty has been made, within one year and 
six months from the priority date or the date of the request for examination, 
whichever date expires later)." 
(2) The applicant of an international patent application may, after the domestic 
laying open and after having given a warning in the form of a document 
describing the contents of the invention claimed in the international patent 
application, demand of a person who has commercially or industrially worked the 
invention, after the warning but before the registration of establishment of a 
patent right, the payment of compensation in an amount equivalent to what he 
would normally receive for the working of the invention. Even in the absence of 
a warning, the same demand may be made of a person who commercially or 
industrially worked the invention before the domestic laying-open and who had 
known that the invention was the one claimed in the international patent 
application. Provided, however, that the applicant shall not claim the right for 
compensation before the registration of the establishment of a patent right. 
Article 208 Special Provision on Amendment 
(1) Notwithstanding the provisions of Article 47(1), no amendment to an 
international patent application (except an amendment under Article 204(2) and 
205(2)) may be made until the fees prescribed under Article 82(1) have been 
paid, a translation of the application (except in the case of an international patent 
application made in the Korean language) under Article 201 (1) has been 
submitted, and the relevant date has passed. 
(2) With regard to an amendment to an international patent application, "from the 
date specified in any of the following subparagraphs" in Article 47(1) and "from 
any of the dates specified in any of the subparagraphs of paragraph (1)" in 
Article 47(2) shall read "from the priority date." 
(3) With regard to the scope of the amendment to an international patent 
application, "the features disclosed in the description or drawing originally 
attached to the application" in Article 48 shall read "the features disclosed both in 
the description, claims or drawings (only text matter thereof) of the international 
patent application submitted in the international filing date and in the translated IPINI1 IKORIPIl 
Page 90 
version thereof or the features disclosed in the drawings (except text matter 
thereof) of the international patent application." 
(4) Notwithstanding paragraph (3), in applying Article 51 (1), which concerns the 
rejection of an amendment to an international patent application, an amendment 
enlarging, restricting or changing the claims within the scope of the features 
disclosed in the translated version of the description, claims or text matter of the 
drawings of the international patent application, or in the drawings (except text 
matter thereof) of the international patent application shall be deemed not to 
change the intent or purpose of the specification. 
(5) Article 49 shall not apply to an amendment of an international patent 
application. 
Article 209 Restriction on Timing of Dual Application 
Notwithstanding the provisions of Article 53(1) of this Act, a dual application as a 
patent application on the basis of an international application is deemed to be a 
utility model registration application filed on the international application date 
under Article 57(1) of the Utility Model Act and may not be filed until the fees 
under Article 30(1) of the Utility Model Act have been paid, and a translation of 
the application under Article 59(1) of the Utility Model Act (except for the case of 
international utility model registration application made in the Korean language) 
has been submitted (with respect to an international application considered to be 
a utility model application under Article 71 (4) of the Utility Model Act, until the 
decision under said provision has been made). 
Article 210 Restriction on Time of Request for Examination 
Notwithstanding Article 59(2), an applicant of an international patent application 
may not make a request for examination of his application until the proceedings 
(except for the case of international patent application made in the Korean 
language) under Article 201 (1) have been taken and the fees under Article 82(1) 
have been paid. A person other than the applicant of an international patent 
application may not make a request for examination of the international patent 
application until the period under Article 201 (1) has lapsed. 
Article 211 Regulation Concerning Submission of Documents Cited in the 
International Search Report, etc. 
The Commissioner of the Korean Industrial Property Office may require an 
applicant of an international patent application to submit copies of the references 
cited in the international search report under Article 18 of the Patent Cooperation 
Treaty and the International Preliminary Examination Report under Article 35 of said Treaty, designating a time limit therefor. 
Article 212 Special Provision on Ruling of Revocation IP /N/l/KO RlPIl 
Page 91 
With regard to an opposition to the grant of a patent for an international 
application, "on the ground that falls under any of the following subparagraphs" 
in Article 69 shall read "on the ground that the international patent application 
has been filed with respect to an invention other than that disclosed both in the 
description, claims or drawings (text matter thereof) of an international 
application submitted on the international filing date and in the translated version 
thereof, or disclosed in the drawings (except text matter thereof) submitted on 
the international filing date, or that falls under any of the following 
subparagraphs. " 
Article 213 Special Provision on Invalidation Trial of Patent 
With regard to an invalidation trial of an international patent application, "in the 
following cases" in Article 133(1) shall read "where a patent has been granted for 
an invention other than that disclosed both in the description, claims or drawings 
(text matter thereof) of an international application submitted on the international 
filing date and in the translated version thereof, or disclosed in the drawings 
(except text matter thereof) submitted on the international filing date, or in the 
following cases." 
Article 214 International Application Considered to be a Patent Application 
by Decision 
(1) An applicant of an international application may, where the receiving Office 
referred to in Article 2(xv) of the Patent Cooperation Treaty has made a refusal 
referred to in Article 25(1 )(a) of the Treaty or has made a declaration referred to 
in Article 25(1 )(a) or (b) of the Treaty or the International Bureau has made a 
finding referred to in Article 25(1 )(a) of the Treaty with respect to the international 
application (only in the case of a patent application) which contains the 
designation of the Republic of Korea as a designated State referred to in Article 
4(1 )(ii) of the Treaty, request the Commissioner of the Korean Industrial Property 
Office as provided in the Ordinance of the Ministry of Commerce, Industry and 
Energy to make a decision referred to in Article 25(2)(a) of the Treaty within the 
time limit prescribed by the Ordinance. 
(2) A person who intends to make a request under paragraph (1) shall submit to 
the Commissioner of the Korean Industrial Property Office a Korean translation 
of the description, claims and drawings (limited to the text matter thereof) as well 
as other documents relating to the international application provided by the 
Ordinance of the Ministry of Commerce, Industry and Energy. 
(3) Where a request under paragraph (1) has been made, the Commissioner of 
the Korean Industrial Property Office shall decide whether the refusal, IP /N/I1KORIP 11 
Page 92 
declaration or finding referred to therein was justified under the provisions of the 
Patent Cooperation Treaty and the Regulations thereunder. 
(4) Where the Commissioner of the Korean Industrial Property Office has made 
a decision under paragraph (3) to the effect that the refusal, declaration or 
finding under paragraph (1) was not justified under the provisions of the Patent 
Cooperation Treaty and the Regulations thereunder, the international application 
concerned shall be considered to be a patent application filed on the date which 
would have been recognized as the international filing date if the said refusal, 
declaration or finding had not been made in respect of the said international 
application. 
(5) The provisions of Articles 199(2), 200, 201(4) to (8),202(1) and (2), 208, 210, 
212 and 213 shall apply mutatis mutandis to an international application 
considered to be a patent application under paragraph (4). 
(6) In the case of the laying open of an international application considered to be 
a patent application under paragraph (4), "filing date of an application for a 
patent" in Article 64(1) shall read "priority date referred to in Article 201(1)." 
CHAPTER XI 
SUPPLEMENTARY PROVISIONS 
Article 215 Special Provisions for Patent or Patent Right with Two or More 
Claims 
In the case of applying Articles 65(6),74(3), 85(1)(i), 101(1)(i), 104(1)(i), (iii) and 
(v), 119(1), 133(2) and (3), 136(7), 139(1), 181, 182 of the Patent Act and Article 
40(1 )(ii), (iv) and (v) of the Utility Model Act to a patent or patent right with two or 
more claims, a patent shall be deemed to have been granted, or a patent right to 
have been established, for each claim. 
Article 216 Inspection of Documents, etc. 
(1) A person who desires to receive a certificate for a patent or a trial, a certified 
copy or extract of documents, or inspect or copy the Patent Register or 
documents may request the Commissioner of the Korean Industrial Property 
Office to that effed. 
(2) The Commissioner of the Korean Industrial Property Office shall not grant the 
request referred to in paragraph (1) if it relates to a patent application that has 
not been published or laid open for public inspection, or if it relates to matters 
liable to contravene public order or morality. IPINIlIKORIPIl 
Page 93 
Article 217 Prohibition of Opening or Removal of Documents Relating to 
Patent Application, Examination, Opposition, Trial, Retrial or the Patent 
Register 
(1) The removal of documents relating to a patent application, examination, 
opposition, trial, retrial or the Patent Register shall be prohibited. 
(2) A response shall not be given to a request for an expert opinion, testimony or 
an inquiry as to the contents of a case that is in the process of patent application, 
examination, opposition, trial, retrial or as to the contents of an Examiner's 
decision, trial decision or ruling. 
Article 217 bis Agency for Computerizing Work of Patent Documents 
(1) Where it is considered necessary to deal effectively with patent, procedures 
the Commissioner of the Korean Industrial Property Office may entrust any 
person who meets the standards as determined by the Ordinance of the Ministry 
of Commerce, Industry and Energy with the computerizing work for documents 
relating to patent applications, examinations, patent oppositions, trials, retrials or 
the Patent Register through an electronic data processing system. 
(2) Article 217(1) shall not apply in the case where any documents relating to 
patent applications, examinations, patent oppositions, trials, retrials or the Patent 
Register are removed for the purpose of entrusting the patent for documents 
computerizing work. 
(3) A person who is or was an officer or employee of the person who has been 
entrusted with the computerizing work of patent documents pursuant to 
paragraph (1) (hereinafter referred to as the "agency of computerizing patent 
documents") shall not divulge or appropriate an invention disclosed in a pending 
application to which he had access during the course of his duties. 
(4) The Commissioner of the Korean Industrial Property Office may pursuant to 
paragraph (1) computerize a written application for a patent or other documents, 
as prescribed by the Ordinance of the Ministry of Commerce, Industry and 
Energy, which fail to be submitted with such electronic documents as prescribed 
in Article 28ter(1), and may record them in a file of a computer system operated 
by the Korean Industrial Property Office or the Industrial Property Tribunal. 
(5) The contents written in a file under paragraph (4) of this Article shall be 
deemed to be the same as those entered in the documents concerned. 
(6) The method of carrying out the computerizing work of patent documents as 
referred to in paragraph (1) and other matters necessary for carrying out the 
computerizing work of patent documents, shall be determined by the Ordinance 
of the Ministry of Commerce, Industrial and Energy. IPINIIIKORlP/l· 
Page 94 
Article 218 Transmittal of Documents 
In addition to the provisions in the Patent Act, matters relating to the transmittal 
of documents and procedures of transmittal shall be prescribed by Presidential 
Decree. 
Article 219 Service by Public Notification 
(1) In cases where service of documents cannot be made because the domicile 
or place of business of a person to be served is unclear, service shall be made 
by public notification. 
(2) Service by public notification shall be implemented by publishing a notice in 
the Patent Gazette to the effect that the documents to be served will be delivered 
at any time to the person to be served. 
(3) The initial service by public notification shall come into force after the expiry 
of two weeks from the date it is published in the Patent Gazette; however, a 
subsequent service by public notification on the same party shall come into force 
from the date following its publication in the Patent Gazette. 
Article 220 Service to Nonresidents 
(1) For a nonresident having a patent administrator, documents to be served to 
him shall be served to his patent administrator. 
(2) For a nonresident without a patent administrator, documents to be served to 
him shall be sent to him by registered airmail. 
(3) When documents have been sent by registered airmail under the provision of 
paragraph (2), such documents shall be deemed to have been served on the 
mailing date. 
Article 221 Patent Gazette 
(1) The Korean Industrial Property Office shall publish the Patent Gazette. 
(2) The Patent Gazette may be published by the electronic media under the 
conditions as determined by the Ordinance of the Ministry of Commerce, 
Industry and Energy. 
(3) In publishing the Patent Gazette by the electronic media, the Commissioner 
of the Korean Industrial Property Office shall make public matters regarding the 
fact of publication of the Patent Gazette, its main contents, and service by public 
notification through computerized network. Article 222 Submission of Documents, etc. IP INI1IKORlP 11 
Page 95 
The Commissioner of the Korean Industrial Property Office or examiner may 
require a party concerned to submit documents and articles necessary for 
dealing with proceedings other than those relating to trial or retrial. 
Article 223 Patent Indication 
A patentee or an exclusive or non-exclusive licensee may indicate an 
identification of the patent upon a patented product in the case of an invention of 
a product or in the case of an invention of process, on the manufactured product. 
If it is not possible to place such an indication on the product, the identification 
may be made on the container or package thereof. 
Article 224 Prohibition of False Indication 
No person shall be allowed to perform any of the following acts: 
( i ) marking with an indication of a patent having been granted or patent 
application having been filed, or any sign likely to cause confusion therewith, 
on an article for which a patent has not been granted, a patent application is 
not pending, or upon an article manufactured by a process for which a 
patent has not been granted or a patent application is not pending, or a 
container or package thereof; 
( i i) assigning, leasing or displaying an article which has been marked with 
an indication referred to in subparagraph (i); 
(iii) for the purpose of manufacture, use, assignment or lease of an article 
referred to in subparagraph (i), marking with an indication upon 
advertisements, signboards or tags that a patent has been granted, a patent 
application had been filed for it, that it has been produced by a process for 
which a patent has been granted, a patent application is pending, or 
marking with any sign likely to cause confusion therewith; or 
(iv) for the purpose of use, assignment or lease of a process for which a 
patent has not been granted or a patent application is not pending, marking 
with an indication, on advertisements, signboards or tags, that a patent has 
been granted, a patent application had been filed for the process, or 
marking with any sign likely to cause confusion therewith. 
Article 224bis Restriction on Objection 
No objection may be raised against a decision to reject an amendment, decision 
to grant a patent decision to revocate a patent, trial decision, dismiss ion of a 
request for trial or retrial under the Administrative Trial Act, and no objection may 
be raised against any disposition against which no objection may be raised IP/NI 1 IKOR/PI 1 
Page 96 
under this Act. 
CHAPTER XII 
PENAL PROVISIONS 
Article 225 Offense of Infringement 
(1) Any person who infringes a patent right or exclusive licensee shall be liable to 
imprisonment with labor not exceeding five years or to a fine not exceeding 
50,000,000 won. 
(2) Prosecution for offenses under paragraph (1) shall be initiated upon filing of a 
complaint by an injured party. 
Article 226 Offense of Perjury 
(1) Where a witness, expert witness or interpreter, having taken an oath under 
the Act, has made a false statement or given a false expert opinion or interpreted 
falsely before the Industrial Property Tribunal, he shall be liable to imprisonment 
with labor not exceeding five years or to a fine not exceeding 5,000,000 won. 
(2) Any person who has committed an offense under paragraph (1) who 
confesses it, before the examiner's decision to an opposition or a trial decision 
becomes final and conclusive may be partially or totally exempted from the 
application of the sentence. 
Article 227 Offense of False Marking 
Any person who violates the provisions of Article 224 shall be liable to 
imprisonment with labor not exceeding three years or to a fine not exceeding 
20,000,000 won. 
Article 228 Offense of Fraud 
Any person who has obtained a patent, a decision on an opposition to the grant 
of a patent, the registration of an extension of the patent term, or a trial decision 
by means of a fraudulent or any other unjust act shall be liable to imprisonment 
with labor not exceeding three years or to a fine not exceeding 5,000,000 won. 
Article 229 Offense of Divulging Secrets 
Where any present or former official of the Korean Industrial Property Office or IP INIlIKORlPIl 
Page 97 
the Industrial Property Tribunal has divulged or appropriated an invention 
disclosed in a pending application to which he had access during the course of 
his duties, such official shall be liable to imprisonment with labor not exceeding 
two years or to a fine not exceeding 3,000,000 won. 
Article 229bis Officers and Employees of Computerized Patent Documents 
Processing Agency as Public Officials; Irrebuttable Presumption 
A person who is or was an officer or employee of any patent documents 
computerizing agency shall be deemed to be one who is or was an employee of 
the Korean Industrial Property Office for purposes of applying Article 229. 
Article 230 Dual Liability 
Where a representative of a legal entity or an agent, employee or any other 
servant of a legal or natural person has committed an act in violation of Articles 
225(1), 227 or 228 with regard to the business of the legal or natural person, the 
legal or natural person, in addition to the offender, shall be liable to the fine 
prescribed in those Articles. 
Article 231 Confiscation, etc. 
(1) Any article which is the subject of an infringing act under Article 225(1), or 
any article arising out of such act, shall be confiscated or, upon request of the 
injured party, a judgement shall be rendered to the effect that such article shall 
be delivered to the injured party. 
(2) Where the article is delivered up to the injured party under paragraph (1), that 
person may daim compensation of damages in excess of the value of the article. 
Article 232 Administrative Fine 
(1) Any person who has committed an act in violation of any act of the following 
subparagraphs shall be liable to an administrative fine not exceeding 500,000 
won under the following circumstances: 
( i ) where a person who has taken an oath under Article 271 (2) or 339 of 
the Code of Civil Procedure has made a false statement before the 
Industrial Property Tribunal; 
( i i) where a person was ordered by the Industrial Property Tribunal to 
submit or show documents or other things with respect to taking evidence or 
to the preservation of evidence, and has failed to comply with the order 
without justifiable reasons; 
(iii) where a person has failed to comply with an order to report under 
Article 125 on matters relating to the working of a patented invention without 
justifiable reasons; or IP /N/1/KORIP /1 
Page 98 
(iv) where a person was summoned by the Industrial Property Tribunal as a 
witness, expert witness or interpreter and has failed to comply with the 
subpoena, or has refused to take an oath, to make a statement, to testify, to 
give an expert opinion or to interpret, without justifiable reasons. 
(2) The administrative fine referred to in paragraph (1) shall be imposed and 
collected by the Commissioner of the Korean Industrial Property Office as 
prescribed by Presidential Decree. 
(3) Any person who objects to the imposition of an administrative fine under 
paragraph (2) may lodge a protest to the Commissioner of the Korean Industrial 
Property Office within thirty days from the date of notification of the imposition. 
(4) The Commissioner of the Korean Industrial Property Office shall, upon 
receipt of a protest under paragraph (3), notify the competent court without delay, 
which shall adjudicate the case of the administrative fine according to the 
provisions of the Act on Procedure for Non-Litigation Cases. 
(5) Where no objection has been raised within the period prescribed in 
paragraph (3) and where the fine has not been paid, the Commissioner of the 
Korean Industrial Property Office shall collect it in accordance with the rules 
concerning collection of national taxes in arrears through the head of the 
competent tax office. 
ADDENDA 
Article 1 Date of Entry into Force 
This Act shall enter into force on January 1, 1999. Provided, however, that 
Articles 193(1) and 198bis, the amended provisions concerning the effect of 
specification, claims, drawings and abstracts of an international patent 
application made in the Korean language of Article 201 (6), the amended 
provisions concerning the exemption of submission of translations with respect 
to an international patent application made in the Korean language of Article 
208(1) and the amended provisions concerning the exemption of submission of 
translations with respect to an international patent application made in the 
Korean language of Article 210, shall enter into force on the day when a 
convention which the government of the Republic of Korea concludes with the 
International Bureau in connection with the appointment of an international 
searching authority enters into force, and the amended provisions of Articles 6, 
11, 29, 36, 49, 53, 55, 56, 59, 69, 87, 88, 102, 104, 133, 202, 209 and 215 of this 
Act, and those of Articles 21 and 22 of the Design Act in Article 5(2) of this 
addenda shall enter into force on July 1, 1999. 
Article 2 General Transitional Measures 
The previous provisions shall apply to a patent application made under the IPINIl/KORIPIl 
Page 99 
previous provisions at the time when the Act enters into force, and the patent 
registration, patent right, opposition to a patent, trial, review and litigation related 
thereto. 
Article 3 Application of Disposition of Procedures Related to Filing of 
Patent Application by Means of Electronic Documents 
The amended provisions of Articles 28ter to 28quinquies and 217bis(5) shall 
apply to a patent application which is filed from January 1, 1999. 
Article 4 Application of Requirements for Patents 
The amended provisions of Article 29(3) shall apply in a case where an invention 
for which a patent application is made after this Act enters into force (hereinafter 
referred to as a "later-filed invention" in this Article) is the same as a device 
described in the specifications or drawings appended to a written application for 
utility model registration, which was filed before the enforcement of this Act and 
which was laid open after the filing date of the patent applic;ation for a later-filed 
invention. 
Article 5 Amendment of other Acts 
(1) The following provisions of the Design Act shall be amended as follows: 
"Articles 3 to 28 of the Patent Act" in Article 4 shall be amended to "Articles 3 to 
28quinquies of the Patent Act"; 
Article 21 and 22 shall be deleted; 
"Article 218 of the Patent Act" in Article 81 shall be amended to "Article 217bis of 
the Patent Act"; and 
"Articles 213 of the Patent Act" in Article 89 shall be amended to "Articles 229bis 
and 231 of the Patent Act." 
(2) The following provisions of the Trademark Act shall be amended as follows: 
"Article 28 of the Patent Act" in Article 5 shall be amended to "Articles 28 to 
28quinquies the Patent Act"; and 
"Article 218 of the Patent Act" in Article 92 shall be amended to "Article 217 bis of 
the Patent Act." IPINIlIKOR/PIl 
Page 100 
ENFORCEMENT DECREE 
OF 
THE PATENT ACT 
As last amended by Presidential Decree No. 16417, Jun. 30,1999 
.9.!1dl!.IlII3. .... I ........................................................................................................................................ 3 
GENERAL PROVISIONS AND B4TENTAPPLlCAUON ................................................................... 3 
Artide .. L ...... P.erlQrman.c.e.oJP.nlCe.dur~.hY-.NQnr.e.s.ident ..•.•.......•.......••.•..................•...........•............ 3 
Artkle . .2 ........ D.epo.sitio.n.of.MiC.I:o::Organis.m ........••...........•.............................................................•.• 3 
Article 3 Entry in Patent Specifications of Inyention related to Micro-Organism ...................... 3 
Article 4 Apportionment of Samples of Micro-Organism ........................................................... 3 
Article 5 Claim Drafting Rule ...................................................................................................... 4 
Article.I> ... __ R.e.quirement.fo.I:.S.ingle.P.a.t.e.nt.Applicatioll ...•.................•••.•....................•.............••.•.. 4 
Article 7 InYention subject to Application for Registration of Patent Right Duration Extension 
........................................................................................................................................................... 5 
fl..H..&.IlJ.R .... ll .......................................... ............................................................................................. 5 
EXAMlNATIONAND TRIAL EXAMINATlON ................................................................................... 5 
Article.S .. _ .... Q.ualificatio.n.for .. Examin.e.rs. ... etc ..........•........................••......•....•..........•................•.••... 6 
Article 8-2 Requirements for Designation of Specialized Research Institution ........................... 7 
Article 8-3 Procedure, etc. of Entrustment with Data Research ................................................. 7 
Article 9 Suhject of Expedited Examinatjon ................................................................................ 8 
Article.1D.. ___ De.cisioll_of.Exp.e.wted.ExaminatiD..n .......•...••.......•••...•.......................•.•.••.•.............••••• 8 
CHAPTER m .................................................... ................................................................................... 8 
CONFIDENUAL TREATMENT, ETC. OFB4TENTAPPLlCATIONRELATED TO NATIONAL 
DEFENSE ................................................... .......................................................................................... 8 
Article 11 Criteria for Classification of Patent Application related to National Defense ............ 9 
Arti.cle.12 ....... .Pro.c~dure.Jor .. C.Qnfid.elliiaLTreatmeni .............................•••••.••••••.•.....•......••.•....•...••.•. 9 
Article 13 Cancellation, etc. of Confidential Treatment .............................................................. 9 
Article 14 Compensation ............................................................................................................ 10 
Article 15 Prevention of and Approval for Filing a Patent Application in Foreign Countries 
................................ ; ........................................................................................................................ 10 
Article 16 Consultation with Minister of National Defense ....................................................... ll 
CHAPTER IV ................................................... ................................................................................... 11 IP /N/1/KORlP /1 
Page 101 
SUPPLEMENTAL RULES .................................................................................................................. 11 
Article 17 ......................................................................................................................... ................ 11 
Documents to be Sen·ed .................................................................................................................. 11 
ArticLe.18 ... _____ D_elh:ery_.o.f.D_oc_um_ent.s_._e_tc~ .•...•.••.•..•.........................•...........•..............•..•..•.......•....•. 11 
Article 19 Patent Gazettes .......................................................................................................... 12 
Article 20 Imuosition of Correctional Fine ................................................................................ 13 
ADDENDA ...................................................................................................................................... 1.t IP/N/l/KOR/P/1 
Page 102 
CHAPTER I 
GENERAL PROVISIONS AND PATENT APPLICATION 
Article 1 Performance of Procedure by Nonresident 
For the purpose of Article 5(1) of the Patent Act (hereinafter referred to as the 
Act), the term case as prescribed by the Presidential Decree means any case 
where a nonresident (in the case of a juristic person, its representative) who has 
appointed a patent administrator, sojourns in Korea. 
Article 2 Deposition of Micro-Organism 
(1) Any person who desires to make a patent application for an invention related 
to a micro-organism, shall deposit such micro-organism with a depository as 
determined by the Commissioner of the Korean Industrial Property Office or an 
organization which has acquired a status as an international depository under 
Article 7 of the Budapest Treaty relating to International Approval on Micro­
Organism Deposition for Patent Procedure (hereinafter referred to as the 
international depository), and append documents certifying the fact (in case of 
deposition with the international depository, a copy of the latest deposition 
certificate of those issued under Article 7 of the Rules of the said Budapest 
Treaty) to the patent application: Provided, That if a person who has an ordinary 
knowledge in the field of technology to which the invention belongs, can obtain 
easily such micro-organism, it may not be required to deposit such micro­
organism. 
(2) If a new deposition number is given to the deposition of micro-organism as 
referred to in paragraph (1) after a patent application is filed, the patent applicant 
or patentee shall report it without delay to the Commissioner of the Korean 
Industrial Property Office. 
Article 3 Entry in Patent Specifications of Invention related to Micro-
Organism 
Any person who desires to make a patent application for an invention related to a 
micro-organism, shall enter in the specification as prescribed in Article 42 (2) of 
the Act, the name of the depository or international depository, number and date 
of deposition when he has deposited the micro-organism under the text of Article 
2 (1), and the method of obtaining it, when he did not deposit it under the proviso 
of Article 2 (1). 
Article 4 Apportionment of Samples of Micro-Organism 
(1) Any person who desires to embody an invention related to micro-organism IP /N/1/KORIP /1 
Page 103 
deposited under Article 2 for the purpose of a test or research, may have 
samples of such micro-organism apportioned by the depository or international 
depository, in any of the following cases: 
1. Where the patent application for the invention related to the micro -organism 
is published or notified publicly; and 
2. Where it is required for preparing a written opinion as prescribed in Article 63 
of the Act (including the case where it is applicable mutatis mutandis under 
Articles 170 (3) and 174 (2) of the Act). 
(2) No person who has samples of micro-organism apportioned under paragraph 
(1), shall allow another person to use the micro-organism. 
Article 5 Claim Drafting Rule 
(1) In a description of the requests for patent as prescribed in Article 42 (5) of the 
Act (hereinafter referred to as the claims), the description may be divided into the 
independent claim (hereinafter referred to as the independent claim) and the 
dependent claim embodying the independent claim by limiting or adding to it 
(hereinafter referred to as the dependent claim). In this case, the claims shall be 
described as independent claims, but may be described as dependent claims 
embodying the independent claims by limiting or adding to them. 
(2) The independent claim shall be described in a proper number according to 
the nature of the invention. 
(3) [Deleted by revision as of June 30, 1999] 
(4) A dependent claim shall depend on one or more independent or other 
dependent claims and shall disclose claim number(s) on which it depends 
(5) Any dependent claim referring to two or more claims shall mention 
alternatively the number of referred claims. 
(6) No dependent claim referring to two or more claims may refer to another 
dependent claim to which two or more claims are referred. 
(7) No independent claim or dependent claim referring to other dependent claims 
shall be mentioned ahead of referred independent claim or other dependent 
claims. 
(8) Each claim shall begin in a new line, and bear a serial number in the Arabic 
figures according to the order to be described. 
Article 6 Requirement for Single Patent Application IPINIlIKOR/P/1 
Page 104 
(1) The requirements for a single patent application as prescribed in Article 45(2) 
of the Act shall fall under any of the following subparagraphs: 
1. Application containing description of one independent claim concerning a 
thing or process; 
2. In case where one independent claim concerning. a thing is described, 
application describing selectively any of the following independent claims or 
all of them: 
(a) One independent claim concerning a process producing such thing; 
(b) One independent claim concerning the method to use such thing; 
(c) One independent claim concerning the method to handle such thing; 
(d) One independent claim concerning machine, instrument, equipment and 
other things producing the thing; 
(e) One independent claim concerning a thing utilizing only the specified 
nature of such thing; and 
(f) One independent claim concerning a thing to handle such thing. 
3. In case where one independent claim concerning a process is described, 
application describing an independent claim concerning machine, 
instrument, equipment and other things used directly in embodiment of such 
process. 
(2) In cases as referred to in subparagraphs of paragraph (1), if it is impossible to 
describe comprehensively the invention only with a single independent claim, it 
may be described with two or more independent claims only in such case where 
it falls under a group of inventions as prescribed in Article 45 (1) of the Act. 
Article 7 Invention subject to Application for Registration of Patent Right 
Duration Extension 
For the purpose of Article 89 of the Act, the term invention as prescribed by the 
Presidential Decree means any of the following inventions: 
1. Invention of medicines which is subject to the item license under Article 26 
(1) of the Pharmaceutical Affairs Act for the purpose of embodying the 
patented invention; and 
2. Invention of agricultural chemicals or raw materials of agricultural chemicals 
which are to be registered under Articles 8 (1), 16 (1) and 17 (1) of the 
Agrochemicals Control Act for the purpose of embodying the patented 
invention. 
CHAPTER IT 
EXAMINATION AND TRIAL EXAMINATION Article 8 Qualification for Examiners, etc IP /N/1/KORlP /1 
Page 105 
(1) A person qualifying for the post of examiner shall be a general government 
official of Grade V or higher in the Korean Industrial Property Office or any 
agency affiliated therewith and who has completed the examiner training course 
at the International Intellectual Property Training Center of the National Institute 
of Professional Administration 
(2) A person qualifying for the post of trial examiner shall be a general 
government official of GradeN or higher in the Korean Industrial Property Office 
or any agency affiliated therewith, who falls under any of the following 
subparagraphs, and who has completed the trial examiner training course at the 
International Intellectual Property Training Center of the National Institute of 
Professional Administration 
1. Person who has served as examiner at the Korean Industrial Property Office 
for two or more years; 
2. Person who has been engaged in affairs concerning the industrial 
administration or science and technology (including any research) for ten or 
more years, and meanwhile engaged in affairs of examination or trial 
examination at the Korean Industrial Property Office or any agency affiliated 
therewith for three or more years; and 
3. Person whose total term of office is not less than two years having served as 
examiner at the Korean Industrial Property Office, having been engaged in 
affairs of trial as state public official of Grade V of higher in the general 
service at the Patent Tribunal and having served as technical examiner in 
the Patent Court. 
(3) Any person eligible for a presiding trial examiner shall be a state public official 
of Grade III or higher in the general service of the Korean Industrial Property 
Office or any agency affiliated therewith, who falls under any of the following 
subparagraphs: 
1. Person who has served as trial examiner at the Patent Tribunal for two or 
more years; and 
2. Person who has been engaged in affairs concerning the industrial 
administration or science and technology (including any research) for fifteen 
or more years, and meanwhile engaged in affairs concerning the 
examination or trial at the Korean Industrial Property Office for three or more 
years and has completed the training courses for the trial examiner as 
referred to in paragraph (2). 
(4) Any person eligible for the Director of the Patent Tribunal shall be a person 
qualified as a trial examiner. 
(5) Notwithstanding the provisions of paragraphs (1) through (4), any person who 
is a public official falling under the grade of position as the examiner, trial 
examiner, presiding trial examiner or the Director of the Patent Tribunal as IP/N/l/KORlPIl 
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referred to in paragraphs (1) through (4), and is qualified for a patent attorney, 
may be appointed as an examiner, trial examiner, presiding trial examiner or the 
Director of the Patent Tribunal. 
(6) Matters necessary for the training of the examiner and the trial examiner as 
referred to in paragraphs (1) and (2) shall be determined separately by the 
Commissioner of the Korean Industrial Property Office. 
Article 8-2 Requirements for Designation of Specialized Research Institution 
(1) The Commissioner of the Korean Industrial Property Office may, under Article 
58 (3) of the Act, designate a corporation which possesses literature, manpower, 
equipment, etc. necessary for research on any advanced technology related to 
the patent, as a specialized research institution as prescribed in Article 58 (1) of 
the Act (hereinafter referred to as specialized research institution). 
(2) If the specialized research institution designated under paragraph (1) carries 
out any service other than the research work, it shall not be permitted to make 
the research work to become unfair due to such service. 
(3) Any person who desires to be designated as a specialized research 
institution, shall file an application for designation as specialized research 
institution with the Commissioner of the Korean Industrial Property Office 
together with documents specifying the actual situation of literature, manpower, 
equipment, etc. which he possesses. 
Article 8-3 Procedure, etc. of Entrustment with Data Research 
(1) With respect to the patent application which is deemed required for a data 
research on the advanced technology under Article 58 (1) of the Act, the 
Commissioner of the Korean Industrial Property Office may entrust a specialized 
research institution with a data research by field of technology. 
(2) The head of the specialized research institution shall, upon receiving an 
entrustment with data research from the Commissioner of the Korean Industrial 
Property Office under paragraph (1), notify rapidly in writing the results of 
research to the Commissioner of the Korean Industrial Property Office. 
(3) If the Commissioner of the Korean Industrial Property Office deems that the 
results of research as referred to in paragraph (2) is insufficient for grasping the 
advanced technology on the patent application, he may entrust the head of the 
specialized research institution with a research with the range, etc. of research 
fixed. 
(4) The provisions of paragraph (2) shall be applicable mutatis mutandis to the 
case of research as referred to in paragraph (3). Article 9 Subject of Expedited Examination IP /N/1/KORlP /1 
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Under Article 61 of the Patent Act, the term "patent application as prescribed by 
Presidential Decree" refers to a patent application which is designated by the 
Commissioner of Korean Industrial Property Office and falls under any of the 
following subparagraphs: 
1. an application relating to an invention in the field of national defense; 
2. an application for an invention which is useful in the prevention of pollution; 
3. an application for an invention directly related to the promotion of exports; 
4. an application arising from the duties of the national or local government; 
5. an application which is filed by a company confirmed to be a "venture 
business company" under Article 25 of the Special Action Act for Promoting 
Venture Business; 
6. an application directed to a product resulting from a national project for 
supporting new technological development or the product of a national 
product quality certification project; 
7. an application which serves as a basis for claiming priority for a foreign 
application (limited to the application which is pending in a foreign patent 
office); 
8. an application for an invention which the applicant is currently working or 
preparing to work 
Article 10 Decision of Expedited Examination 
(1) A person who wishes to petition for an expedited examination shall submit a 
document of request for expedited examination to the Commissioner of the 
Korean Industrial Property Office, as prescribed by the Ordinance of the Ministry 
of Commerce, Industry and Energy 
(2) The Commissioner of the Korean Industrial Property Office shall, upon 
receiving an application for preferential examination under paragraph (1), decide 
whether the preferential examination is conducted or not. 
(3) Matters necessary for the decision on preferential examination as referred to 
in paragraph(2)· shall be determined by the Commissioner of the Korean 
Industrial Property Office. 
CHAPTER m 
CONFIDENTIAL TREATMENT, ETC. OF PATENT 
APPLICATION RELATED TO NATIONAL DEFENSE IP /N11/KORIP 11 
Page 108 
Article 11 Criteria for Classification of Patent Application related to 
National Defense 
The Commissioner of the Korean Industrial Property Office shall determine the 
criteria for classification necessary for selection of applications to be treated as 
confidential ones under Article 41 (1) of the Act (hereinafter referred to as the 
criteria for classification) after consulting with the Minister of National Defense. 
Article 12 Procedure for Confidential Treatment 
(1) If a patent application filed by a person having a domicile or business place in 
Korea is conformed to the criteria for classification as prescribed in Article 11, the 
Commissioner of the Korean Industrial Property Office shall refer the Minister of 
National Defense to whether or not it is required to classify and treat such 
application as confidential one. 
(2) In case where the Commissioner of the Korean Industrial Property Office has 
made a reference to the Minister of National Defense under paragraph (1), he 
shall notify it to the inventor, the applicant and the attorney of the patent 
application, and a person who is deemed to be learned of the invention 
(hereinafter referred to as the inventor, etc.), and request them to maintain the 
confidence thereof. 
(3) The Minister of National Defense shall, upon receiving a reference under 
paragraph (1), make a reply within two months, and if it is deemed necessary to 
treat the patent application as confidential one, he shall request the 
Commissioner of the Korean Industrial Property Office to classify and treat it as 
confidential one. 
(4) The Commissioner of the Korean Industrial Property Office shall, upon 
receiving a request to classify and treat any patent application as confidential 
one under paragraph (3), take any necessary measure in conformity with the 
confidential service rules, and order the inventor, etc. of the patent application to 
classify and treat it as confidential one, and if he is not requested so, he shall 
notify the inventor, etc. of the patent application of a cancellation of the request 
for maintenance of confidence as referred to in paragraph (2). 
(5) The Commissioner of the Korean Industrial Property Office shall, upon 
receiving a reply' of the Minister of National Defense under paragraph (3), issue 
without delay an order to classify and treat the patent application as confidential 
one, or notify a cancellation of the request for maintenance of confidence under 
paragraph (4). 
Article 13 Cancellation, etc. of Confidential Treatment IP /N/l/KOR/P/1 
Page 109 
(1) With respect to a patent application which is ordered to be classified and 
treated as confidential one under Article 12 (4), the Commissioner of the Korean 
Industrial Property Office shall take necessary measures after consulting twice or 
more times each year with the Minister of National Defense on the cancellation 
of confidence, extension of confidential maintenance period or whether or not the 
confidential classification is modified. 
(2) The inventor, etc. who is ordered to classify and treat the patent application 
as confidential one under Article 12 (4), may request the Commissioner of the 
Korean Industrial Property Office to release it from confidential treatment, to 
modify the confidential classification or to publish or license the invention for 
which a patent is applied, in a specified limit. 
Article 14 Compensation 
(1) With respect to a patent application which is classified and treated as 
confidential one under Article 12 (3), the patent applicant may request to the 
Minister of National Defense for a compensation for any loss sustained by the 
confidential treatment under Article 12 (4) (hereinafter referred to as the 
compensation). 
(2) If a patent applicant requests a compensation under paragraph (1), he shall 
submit a written request for compensation and documentary evidence 
establishing the loss. 
(3) The Minister of National Defense shall, upon receiving a request for 
compensation under paragraph (1), determine and pay the amount of 
compensation, and he may, if necessary, consult with the Commissioner of the 
Korean Industrial Property Office. 
Article 15 Prevention of and Approval for Filing a Patent Application in 
Foreign Countries 
(1) If an invention for which a patent is applied by a person having the domicile or 
business office in Korea, is demanded by the Commissioner of the Korean 
Industrial Property Office to be maintained as confidential one under Article 12 
(2), or is ordered to be classified and treated as confidential one under 
paragraph (4) of the said Article, it may be applied for patent in any foreign 
country only in case where it is permitted by the Commissioner of the Korean 
Industrial Property Office. 
(2) A person who seeks to petition for the approval to file a patent application 
with a foreign country shall submit the petition to the Commissioner of the 
Korean Industrial Property Office, as prescribed by the Ordinance of the Ministry 
of Commerce, Industry and Energy IP INIlIKORlPIl 
Page 110 
Article 16 Consultation with Minister of National Defense 
If the Commissioner of the Korean Industrial Property Office desires to grant 
permission falling under any of the following subparagraphs, he shall consult in 
advance with the Minister of National Defense: 
1. Permission on a publication or license of an invention classified and treated 
as confidential one under Article 13 (2) in a specified limit; and 
2. Permission on a patent application to a foreign country under Article 15 (2). 
CHAPTER IV 
SUPPLEMENTAL RULES 
Article 17 
Documents to be Served 
Documents to be served under Article 218 of the Act shall be a notice on 
disposition of invalidation as prescribed in Article 16 (1) of the Act and a copy of 
decision as prescribed in Article 214 (3) of the Act. 
Article 18 Delivery of Documents, etc. 
(1) Except in case where the documents to be served under the Act or Article 17 
are received by the party or his representative at the Korean Industrial Property 
Office or the Patent Tribunal, such documents shall be sent by a registered mail. 
(2) In case where a party or his representative receives the documents at the 
Korean Industrial Property Office or the Patent Tribunal, a receipt specifying the 
date of receipt and the name of recipient shall be received and kept by the 
Korean Industrial Property Office, and in case where such documents are sent 
by a registered mail, the receipt of registered mail issued by the post office shall 
be kept by it. 
(3) The delivery of the copy of a decision or ruling regarding an opposition to the 
grant of a patent, a trial, a retrial, an adjudication for the authorization of a non­
exclusive license and a cancellation of patent right shall be made by the 
particular delivery method as prescribed by the Postal Service Act 
(4) Except as otherwise provided by the Act or this Decree, a copy of the 
document concerned shall be delivered to the person to whom it is to be served, 
and if a protocol is prepared in lieu of presentation of the document to be served, 
a copy or abstract of such protocol shall be delivered. 
(5) Any service to a person falling under the text of Article 3 (1) of the Act shall be made to his legal representative. IP/NI1 IKORlPIl 
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(6) If several persons exercise jointly the attorneys hip, it shall be sufficient to 
serve it to one of them. 
(7) Any service to a person who is put in a prison or detention house, shall be 
made to the head of such prison or detention house. 
(8) The place to be served shall be the domicile or business office of the person 
to be served. 
(9) If the person who receives the service, changes his place, he shall report it 
without delay to the Commissioner of the Korean Industrial Property Office. 
(10) If the person to be served refuses to receive the service without any 
justifiable reason and it is thereby impossible to make a service, the service shall 
be considered to have been made on the day of sending. 
(11) Sending, etc. of documents other than those to be served under the Act or 
Article 17, shall be made under the conditions as prescribed by the 
Commissioner of the Korean Industrial Property Office. 
Article 19 Patent Gazettes 
(1) The Patent Gazettes as prescribed in Article 221 of the Act shall be divided 
into a Patent Gazette for public notice and a Patent Gazette for publication. 
(2) Publication of the registration of a patent in the Patent Gazette shall provide 
the following information: 
1. the name and domicile of the patentee (in the case of a legal entity, the title, 
place of business and name of its representative); 
2. the application number, the classification code and the filing date; 
3. the name and domicile of the inventor; 
4. the patent number and the registration date; 
5. the date of publication of registration; 
6. matters concerning claim of priority; 
7. matters concerning dual application; 
8. the specification, drawings and abstract attached to the patent application; 
9. the number and date of a laid open application; 
10. corrections according to Articles 77 and 136 of the Patent Act; 
11. other matters recognized as being necessary by the Commissioner of the 
Korean Industrial Property Office IP/N/l/KORlP/1 
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(3) The following information is published in the Patent Gazette for the laying 
open of an application. However, subject matter liable to contravene public order 
or morality or to injure public health shall not be published. 
1. the name and domicile of the applicant (in the case of a legal entity, the title, 
place of business and name of its representative); 
2. the application number, the classification code and the filing date; 
3. the name and domicile of the inventor; 
4. the number of a laid open application and the date it was laid open; 
5. the specification, drawings and abstract attached to the patent application; 
6. matters concerning claim of priority; 
7. matters concerning co-application; 
8. the fact of a request for examination of an application as prescribed under 
Article 60(2) of the Patent Act. Provided, if such a fact was not published at 
the time of the laying open of the application, the laying open number and 
classification code, and the application number of the application shall be 
published with the fact of the request for examination in the Patent Gazette 
for the laying open of an application which will be later issued. 
9. The information that under Article 64(2) of the Patent Act, any person may 
furnish the Commissioner of the Korean Industrial Property Office with 
information and evidence to the effect that the invention concerned is 
unpatentable. 
10. other matters relevant to the laying open of a patent application 
Article 20 Imposition of Correctional Fine 
(1) If the Commissioner of the Korean Industrial Property Office imposes a fine 
for negligence under Article 232 (2) of the Act, he shall investigate and confirm 
the offense, and notify in writing the person who is subject to the fine for 
negligence, of payment of it with the fact of offense and the amount of the fine for 
negligence specified. 
(2) If the Commissioner of the Korean Industrial Property Office desires to 
impose a fine for negligence under paragraph (1), he shall give the person who is 
subject to the fine for negligence, an opportunity to state orally or in writing his 
opinion in a fixed period of ten or more days. In this case, if the person does not 
state his opinion in a designated period without any justifiable reason, he shall be 
considered to have no opinion. 
(3) In determining the amount of the fine for negligence, the Commissioner of the 
Korean Industrial Property Office shall take into consideration the motive and 
consequence of the offense. IP/N/IIKOR/PIl 
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(4) The collectional procedures for a correctional fine shall be prescribed by the 
Ordinance of the Ministry of Commerce, Industry and Energy 
ADDENDA 
(1) (Date of Entry into Force) This Decree shall enter into force on July 1, 1999. 
(2) (Subjects of Application) The revised provisions of Article 9 shall apply to 
patent applications for which a request for an expedited examination is made 
after this Decree enters into force. 