 
 ENFORCEMENT DECREE OF THE PATENT ACT  
[Enforcement Date 03. Apr, 2013.] [Presidential Decree No.24491, 03. Apr, 2013., Partial Amendment]  
 
 
CHAPTER I GENERAL PROVISIONS AND PATENT APPLICATION  
 
Article 1 (Purpose)  
The purpose of this Decree is to provide for matters delegated by the Patent Act and those 
necessary for its enforcement. <Amended by Presidential Decree No. 18694, Jan. 31, 2005>  
[This Article Wholly Amended by Presidential Decree No. 17246, Jun. 27, 2001]  
 
Article 1 -2 (Scope of Telecommunication Lines)  
"Telecommunication lines prescribed by Presidential Decree" in Article 29 (1) 2 of the Patent Act 
(hereinafter referred to as the "Act") and subparagraph 2 of Article 129 of the Act means the 
telecommunicati on lines operated by persons falling under any of the following subparagraphs:  
1.  The Government, local governments, the governments or local governments of foreign 
countries, or international organizations;  
2.  National and public schools provided for in  Article 3 of the Higher Education Act or national 
and public universities of foreign countries;  
3.  Domestic and foreign national and public research institutions;  
4.  Corporations incorporated to run the patent information business which are designated a nd 
publicly announced by the Commissioner of the Korean Intellectual Property Office.  
[This Article Wholly Amended by Presidential Decree No. 19697, Sep. 28, 2006]  
 
Article 2 (Deposit of Micro -Organisms) (1)  Any person who desires to make a patent 
applicat ion for an invention related to a micro -organism, shall deposit such micro -organism with a 
depository authority determined by the Commissioner of the Korean Intellectual Property Office 
or an institution which has acquired a status as an international depo sitory authority under 
Article 7 of the Budapest Treaty on the International Recognition of the Deposit of 
Micro -Organisms for the Purposes of Patent Procedure (hereinafter referred to as "international 
depository authority"), and attach documents certifyi ng the fact (in cases of deposit with the 
international depository authority, a copy of the latest receipt of deposit under Article 7 of the 
Budapest Treaty on the International Recognition of the Deposit of Micro -Organisms for the 
Purposes of Patent Proce dure) to the patent application: Provided, That if a person who has  
 ordinary knowledge in the field of technology to which the invention belongs, can easily obtain 
such micro -organism, it needs not to be required to deposit such micro -organism. <Amended by  
Presidential Decree No. 18694, Jan. 31, 2005>  
(2)  When a new deposit number is issued to the micro -organism deposited under paragraph (1) 
after a patent application is filed, a patent applicant or a patentee shall report such fact to the 
Commissioner of  the Korean Intellectual Property Office without delay. <Amended by Presidential 
Decree No. 14059, Dec. 31, 1993>  
 
Article 3 (Matters to be Entered in Patent Specifications of Invention related to 
Micro -Organism)  
Any person who intends to file a patent appl ication for an invention related to a micro -organism 
shall enter in the specifications prescribed in Article 42 (2) of the Act, the deposit number issued 
by the depository authority or the international depository authority where he/she has deposited 
the m icro -organism pursuant to the main sentence of Article 2 (1), and the method of acquisition 
of the micro -organism when he/she did not deposit it pursuant to the proviso to Article 2 (1).  
[This Article Wholly Amended by Presidential Decree No. 21567, Jun. 2 6, 2009]  
 
Article 4 (Apportionment of Samples of Micro -Organism) (1)  A person who intends to 
practice an invention related to a micro - organism deposited under Article 2 for the purpose of a 
test or research, may have samples of such micro -organism apporti oned by a depository authority 
or international depository authority, in any of the following cases: <Amended by Presidential 
Decree No. 15408, Jun. 26, 1997; Presidential Decree No. 17995, Jun. 13, 2003; Presidential Decree 
No. 20127, Jun. 28, 2007; Presi dential Decree No. 21567, Jun. 26, 2009>  
1.  Where a patent application for the invention related to the micro -organism is published or its 
registration of establishment is filed;  
2.  Where it is required to prepare a written opinion prescribed in Article  63 (1) of the Act 
(including cases where Article 170 (2) of the Act is applicable mutatis mutandis).  
(2)  No person who has samples of a micro -organism apportioned under paragraph (1), shall 
allow another person to use the micro -organism.  
 
Article 5 (How to Enter Scope of Patent Claim) (1)  When claims (hereinafter referred to as 
"claims") within the scope of claims provided for in Article 42 (8) of the Act are entered, an 
independent claim (hereinafter referred to as "independent claim") sha ll be entered, and a 
dependent claim (hereinafter referred to as "dependent claim") that is embodied by limiting or  
 adding to the dependent claim may be entered. In such cases, if deemed necessary, another 
dependent claim that is embodied by limiting or ad ding to the dependent claim may be entered. 
<Amended by Presidential Decree No. 19697, Sep. 28, 2006; Presidential Decree No. 20127, Jun. 
28, 2007>  
(2)  The claims shall be entered in a proper number according to the nature of the 
invention. <Amended by Pr esidential Decree No. 17995, Jun. 13, 2003>  
(3)  Deleted. <by Presidential Decree No. 16417, Jun. 30, 1999>  
(4)  When a dependent claim is entered, one or more paragraphs from independent claims or 
other dependent claims shall be quoted and the number of pa ragraphs quoted shall be 
entered. <Amended by Presidential Decree No. 16417, Jun. 30, 1999>  
(5)  A claim that quotes not less than two claims shall mention alter - natively the numbers of the 
quoted claims. <Amended by Presidential Decree No. 17995, Jun. 13, 2003>  
(6)  In a claim that quotes not less than two claims, the quoted claim shall not re -quote two or 
more other claims. The same shall apply to the formula by which in a claim that quotes not less 
than two claims, the quoted claim quotes one claim, resul ting in re -quoting not less than two 
claims after quoting one claim. <Amended by Presidential Decree No. 19697, Sep. 28, 2006>  
(7)  The quoted claim shall be entered ahead of the claim that quotes other claim. <Amended by 
Presidential Decree No. 17995, Jun. 13, 2003>  
(8)  Each claim shall be entered on a new line, and serial numbers in the Arabic figure shall be 
given in the order of the entries.  
 
Article 6 (Requirements for Single Patent Application for Group of Inventions)  
A single patent application for a group of inventions as prescribed in the proviso to Article 45 (1) 
of the Act shall meet the following requirements:  
1.  The inventions described in the application shall have mutual relationship in adopted 
technology;  
2.  The inventions described in the a pplication shall have the same or corresponding 
technological features. In such cases, the technological features shall be those improved in light 
of invention at large.  
[This Article Wholly Amended by Presidential Decree No. 17995, Jun. 13, 2003]  
 
Article  7 (Invention Subject to Application for Registration of Extension of Term of Patent 
Right by Permit, etc.)  
"Invention prescribed by Presidential Decree" in Article 89 (1) of the Act means any of the 
following inventions: <Amended by Presidential Decree No.  15009, Jun. 3, 1996; Presidential Decree No. 16852,  
 Jun. 23, 2000; Presidential Decree No. 18694, Jan. 31, 2005; Presidential Decree No. 20127, Jun. 28, 2007; Presidential 
Decree No. 21053, Sep. 30, 2008; Presidential Decree No. 23341, Dec. 2, 2011; Presi dential Decree No. 24491, Apr. 3, 
2013>  
1.  Invention of a medicine for which a permit by item has been granted pursuant to Article 31 
(2), (3) or 42 (1) of the Pharmaceutical Affairs Act to work a patented invention [limited to a 
medicine for which a perm it by item has been granted first, among medicines manufactured 
with a new substance (referring to a substance whose chemical structure in the activated part 
having medicinal effects is new; the same shall apply hereafter in this Article) as an effective 
ingredient];  
2.  Invention of an agricultural chemical or raw material registered pursuant to Article 8 (1), 16 
(1), or 17 (1) of the Agrochemicals Control Act to work a patented invention (limited to an 
agricultural chemical or raw material registered firs t, among agricultural chemicals and raw 
materials manufactured with a new substance as an effective ingredient).  
 
Article 7 -2 (Period Delayed Due to Applicants) (1)  "The period delayed due to an applicant" 
in Article 92 -2 (3) of the Act means any of the following periods: <Amended by Presidential 
Decree No. 24439, Mar. 23, 2013>   
1.  Any of the following periods in relation to ongoing procedures concerning a pat ent in the 
Korean Intellectual Property Office or the Intellectual Property Tribunal:  
(a)  In cases where the Commissioner of the Korean Intellectual Property Office or the 
presiding administrative patent judge orders a representative to follow procedures 
concerning a patent or orders the replacement of a representative under Article 10 of the Act, 
the period from the date when such order is given until the date when a representative is 
appointed or replaced;  
(b)  In cases where the period of request for trial or a period for a patent -related procedures, 
upon request from applicants, is extended pursuant to Article 15 (1) or (2) of the Act, the 
extended period (when the period for a patent -related procedures is  reduced, upon request 
from applicants under Article 15 (2) of the Act, after such period is extended, the period 
reduced shall be excluded);  
(c)  In cases where a date for initiating patent -related procedures under Article 15 (3) of the 
Act is fixed and t hen such date is delayed, upon request from applicants, the period from the 
day after the fixed date until the changed one;  
(d)  In cases where procedures concerning a patent are supplemented later after a cause not 
imputable to a person who initiated a pa tent -related procedure ceases to exist under the 
main sentence of Article 17 of the Act, the period from the date when such cause ceases to  
 exist until the date when such procedures are supplemented;  
(e)  In cases where procedures concerning a patent are s uspended or stopped pursuant to 
Articles 20, 23 (2), 78 (1) or 164 (1) of the Act, the period during which such procedures 
concerning a patent are suspended or stopped;  
(f)  In cases where the Commissioner of the Korean Intellectual Property Office orders 
applicants to report the results of the consultation within a designated period pursuant to 
Article 36 (6) of the Act, such period (when a period is reduced, upon request from applicants, 
pursuant to Article 15 (2) of the Act, the reduced period shall be e xcluded);  
(g)  In cases where a specification is amended so as to state the claims within the period under 
Article 42 (5) 2 in accordance with the latter part of main sentence of Article 42 (5) of the Act, 
the period from the date when the intent of the re quest for the examination of application is 
notified until the date when such specification is amended  
(h)  In cases where the Commissioner of the Korean Intellectual Property Office, the President 
of the Intellectual Property Tribunal or the presiding adm inistrative patent judge orders 
amendment, fixing a period, pursuant to Articles 46, 141 (1) or 203 (2) of the Act, such period 
(when a period is reduced, upon request from applicants, pursuant to Article 15 (2) of the Act, 
the reduced period shall be excl uded);  
(i)  In cases where a claim for a priority right is withdrawn or deemed withdrawn pursuant to 
Article 56 of the Act, with respect to an earlier application which has become the basis of a 
claim for a priority right under Article 55 (1) of the Act, t he period from the date when a claim 
for a priority right concerning the relevant earlier application is made until the date when 
such claim for priority right is withdrawn or deemed withdrawn;  
(j)  In cases where the determination of an accelerated examin ation pursuant to Article 10 of 
the Act is delayed due to an applicant, with respect to an accelerated examination under 
Article 61 of the Act, the delayed period;  
(k)  In cases where an examiner (referring to an examiner under Article 143 of the Act, when  
the provisions of Article 63 of the Act are applied mutatis mutandis pursuant to Article 170 of 
the Act; herein after the same shall apply in this item) notifies an applicant of the grounds for 
rejection of a patent application and provides the applicant an opportunity to present his/her 
written opinions within a fixed period pursuant to the main sentence of Article 63 (1) of the 
Act [Provided, That this shall not apply to cases where an examiner notifies an applicant of 
grounds for rejection and renders a  decision to grant a patent (including cases where the 
provisions of Article 66 of the Act are applied mutatis mutandis under Article 170 of the Act 
and a decision is made to grant a patent) pursuant to Article 66 of the Act without making 
amendment to dra wings or specifications concerning notification of grounds for rejection], 
the period (when the period for submission of written opinions is reduced, upon request from  
 applicants pursuant to Article 15 (2) of the Act, the reduced period shall be excluded);  
(l)  In cases where an applicant pays patent fees (including cases where he/she pays additional 
patent fees under Article 81 (1) of the Act, the remaining portion of the patent fees under 
Article 81 -2 (2) of the Act, or the patent fees or the remaining po rtion thereof under Article 
81-3 (1) of the Act) pursuant to Article 79 (1) of the Act or is exempt from patent fees by 
submitting documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy 
to the Commissioner of the Korean Intellectua l Property Office pursuant to Article 83 (3) of 
the Act after he/she receives a certified copy of a decision on a patent application under 
Article 67 (2) of the Act, the period from the date when he/she receives such copy until the 
date when the establishm ent of a patent right is registered pursuant to Article 87 of the Act;  
(m)  In cases where a re -examination is requested under the main sentence of Article 67 -2 (1) 
of the Act, the period from the date when a certified copy on rejection of a patent applica tion 
under Article 67 (2) of the Act is delivered until the date when a re -examination is requested;  
(n)  In cases where a request for exclusion or challenge under Article 149 or 150 of the Act is 
not accepted in accordance with a decision made pursuant to  Article 152 (1) of the Act, the 
period during which trial proceedings are suspended under the main sentence of Article 153 
of the Act;  
(o)  In cases where it is deemed that the examination or preservation of evidence is 
unnecessary, upon request from appl icants for such examination or preservation pursuant to 
Article 157 of the Act, the period from the date when such request is made until the date 
when it is deemed that such examination or preservation is unnecessary.  
(p)  In cases where an examination is resumed, upon request from applicants, after notification 
of the closure of the trial examination pursuant to Article 162 (4) of the Act, the period from 
the date when such examination is resumed until the date when the closure of the trial 
examination is notified again pursuant to Article 162 (3) of the Act;  
(q)  In cases where any one requests a retrial under Article 178 of the Act after he/she 
becomes aware of grounds for retrial, the period from the date when he/she becomes aware 
of such grounds until t he date when a retrial is requested;  
(r)  In cases where the presiding administrative patent judge determines an additional period 
pursuant to Article 186 (5) of the Act, the relevant period;  
(s)  In cases where service of documents or service by public an nouncement under Article 218 
or 219 of the Act is delayed due to an applicant (including cases where such service is delayed 
because a person to be served changes his/her place to be served under Article 18 (10) and 
fails to report it to the Commissioner o f the Korean Intellectual Property Office), the period 
during which such service is delayed.  
2.  Any of the following periods in litigation procedures concerning a trial decision, ruling or  
 judgment under Article 186 (1) or (8);  
(a)  In cases where litigat ion procedures are suspended pursuant to Article 78 (2) or 164 (2) of 
the Act, the period during which the procedures are suspended;  
(b)  In cases where a request for exclusion or challenge concerning a judge (including a 
technical examiner applied mutatis  mutanis under Article 188 -2 (1) of the Act and a court 
clerical official of Grade V applied mutatis mutanis under Article 50 of the Civil Procedure 
Act) under Articles 41 through 43 of the Civil Procedure Act is not accepted in accordance 
with a decision under Article 45 or 46 of the Civil Procedure Act, the period from the date 
when such request for exclusion or challenge is made until the date when a decision to reject 
such request is made or the period during which litigation procedures are suspended un der 
the main sentence of Article 48 of the Civil Procedure Act;  
(c)  In cases where the court or the presiding judge orders correction, fixing a period, pursuant 
to Article 59 or 254 (1) of the Civil Procedure Act, the relevant period;  
(d)  In cases where a special representative is appointed pursuant to Article 62 of the Civil 
Procedure Act, the period from the date when such appointment is requested until the date 
when a special representative is appointed;  
(e)  In cases where a pleading is resumed under Article 142 of the Civil Procedure Act due to an 
applicant, the period from the date when the resumption of a pleading is ordered until the 
date when the relevant pleading is completed;  
(f)  In cases where the court prohibits an applicant or representative  from making a statement 
and sets a new date for continuing pleadings under Article 144 (1) of the Civil Procedure Act, 
the period from the date when such applicant, etc. is prohibited from making a statement 
until the new date;  
(g)  In cases where the cou rt orders the appointment of a lawyer pursuant to Article 144 (2) of 
the Civil Procedure Act, the period from the date when such order is given until the date when 
a layer is appointed;  
(h)  In cases where a date designated by the presiding judge pursuant to Article 165 (1) of the 
Civil Procedure Act is delayed due to remark able grounds, such as the request of an applicant, 
the period from the day after a designated date until the change d date;  
(i)  In cases where the court extends a statutory period or a period fixed by the court, upon 
request from an applicant, under Article 172 of the Civil Procedure Act or fixes an additional 
period, with regard to the invariable period, such extended  period or additional period;  
(j)  In cases where any cause not attributable to a party is extinguished and procedural acts are 
subsequently completed under Article 173 of the Civil Procedure Act, the period from the 
date when such cause is extinguished un til the date when procedural acts are subsequently 
completed;   
 (k)  In cases where the delivery of documents or service by public notice under Article 178, 
186 through 188 or 194 of the Civil Procedure Act is delayed due to an applicant, the period 
during w hich such delivery is delayed;  
(l)  In cases where litigation procedur es are suspended pursuant to Articles 233 through 237, 
239, 240 or 246 of the Civil Procedure Act, the period during which litigation procedures are 
suspended;  
(m)  In cases where an applicant has failed to appear on the date for pleading, or failed to ple ad 
even if he/she has appeared and the presiding judge fixes another date for pleading pursuant 
to Article 268 (1) of the Civil Procedure Act, the period from the day after the date for 
pleading until the newly fixed date;  
(n)  In cases where evidence is d eemed unnecessary, with respect to an application for the 
examination of evidence pursuant to Article 289 of the Civil Procedure Act, the period from 
the date when such application is filed until the date when evidence is deemed unnecessary;  
(o)  In cases where a petition for a retrial under Article 451 of the Civil Procedure Act is filed 
after the relevant party becomes aware of grounds for a retrial, the period from the date 
when he/she becomes aware of such grounds until a petition for a retrial is filed . 
3.  Any of the following periods in procedures for administrative appeal or administrative 
litigation concerning objection to a ruling under Article 224 -2 (2) of the Act;  
(a)  In cases where a request for exclusion or challenge under Article 10 of the Ad ministrative 
Appeals Act is rejected or dismissed in accordance with a decision under Article 12 of the 
Enforcement Decree of the Act, the period during which administrative procedures are 
suspended pursuant to Article 13 of the Decree;  
(b)  In cases where  an administrative appeal is filed after force majeure, such as natural 
disasters, wars or incidents, is extinguished under Article 27 (2) of the Administrative 
Appeals Act, the period from the date when such grounds are extinguished until the date 
when an  administrative appeal is filed;  
(c)  In cases where the Central Administrative Appeals Commission (hereinafter referred to as 
the "Committee") requests correction by fixing a period under the main sentence of Article 32 
(1) of the Administrative Appeals A ct, the relevant period;  
(d)  In cases where the Committee fixes a deadline for written supplement pursuant to Article 
33 (2) of the Administrative Appeals Act, the period from the date when such deadline is fixed 
until the date when a written supplement i s submitted;  
(e)  In cases where a date for deliberation designated by the Committee under Article 38 of the 
Administrative Appeals Act is delayed, upon request from applicants, the period from the day 
following the designated date for deliberation until t he changed date for deliberation;  
(f)  In cases where the provisions of the Civil Procedure Act concerning delivery are applied  
 mutatis mutandis under Article 57 of the Administrative Appeals Act, the period falling under 
subparagraph 2 (k);  
(g)  In cases where the provisions of the Civil Procedure Act are applied mutatis mutandis 
under Article 8 (2) of the Administrative Appeals Act, the period falling under any of the items 
of subparagraph 2.  
4.  The period prescribed by Ordinance of the Ministry of Trade , Industry and Energy, which is 
delayed due to an applicant in relation to the procedures concerning a patent pending before the 
Korean Intellectual Property Office or the Intellectual Property Tribunal, litigation procedures 
concerning a trial decision, r uling or judgment under Article 186 (1) or (8) of the Act or 
procedures for administrative appeal or administrative litigation concerning objection to a 
ruling under Article 224 -2 (2) of the Act.  
(2)  In cases where there exists an objective ground which i s not attributable to an applicant, 
among grounds for delaying registration of establishment of a patent right under Article 92 -2 (1) 
of the Act, the relevant period shall be excluded from a period under paragraph (1), not with 
standing the provisions of p aragraph (1).  
[This Article Newly Inserted by Presidential Decree No. 23341, Dec. 2, 2011]  
 
CHAPTER II EXAMINATION AND TRIAL  
 
Article 8 (Eligibility Requirements of Examiners, etc.) (1)  A person eligible to become an 
examiner shall be a public official who  works for the Korean Intellectual Property Office or any of 
its affiliated agencies and who has completed the specified education and training course for 
examiners provided by the International Intellectual Property Training Institute: <Amended by 
Preside ntial Decree No. 21917, Dec. 30, 2009; Presidential Decree No. 24491, Apr. 3, 2013>  
1.  A public official of Grade V or higher in general service;  
2.  A public official in general service who belongs to the Senior Civil Service;  
3.  A specialized contract -based public official who satisfies the qualification criteria of Grade A 
or B specified in attached Table 1 of the Contract -based Public Officials  Regulations.  
(2)  A person eligible to become an administrative patent judge shall be a Grade -IV or 
higher -ranking State public official in general service or public official in general service as a 
member of the Senior Civil Service, who works for the Ko rean Intellectual Property Office or any 
of its affiliated agencies and who has completed the specified education and training course for 
administrative patent judges provided by the International Intellectual Property Training 
Institute: Provided, That a person eligible to be appointed as an administrative patent judge, 
which is designated as a position open to the private sector pursuant to Article 28 -4 (1) of the  
 State Public Officials Act, shall meet the requirements for performing duties specified in p aragraph 
(2) of the same Article, while a person eligible to be appointed as an administrative patent judge, 
which is designated as a position publicly offered pursuant to Article 28 -5 (1) of the said Act, shall 
meet the requirements for performing duties specified in paragraph (2) of the same 
Article: <Amended by Presidential Decree No. 16417, Jun. 30, 1999; Presidential Decree No. 18694, Jan. 31, 2005; 
Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 19697, Sep. 28, 2006; Presidential Decree No. 
24491, Apr. 3, 2013>  
1.  A person who has served as an examiner at the Korean Intellectual Property Office for two or 
more years;  
2.  Deleted; <by Presidential Decree No. 19697, Sep. 28, 2006>  
3.  A person who has served for two or more years in total as an examiner at the Korean 
Intellectual Property Office, as a Grade -V or higher -ranking State public official in general 
service or a public official in general service as a member of the Senior Civil Service, while being 
engaged directly in trials  at the Intellectual Property Tribunal, and as a technical examiner in the 
Patent Court.  
(3)  A person eligible to become a presiding administrative patent judge shall be a Grade -III or 
higher -ranking State public official in general service or public offi cial in general service as a 
member of the Senior Civil Service, who works for the Korean Intellectual Property Office or any 
of its affiliated agencies: Provided, That a person eligible to be appointed as a presiding 
administrative patent judge, which is designated as a position open to the private sector pursuant 
to Article 28 -4 (1) of the State Public Officials Act, shall meet the requirements for performing 
duties specified in paragraph (2) of the same Article, while a person eligible to be appointed as  a 
presiding administrative patent judge, which is designated as a position publicly offered to the 
private sector pursuant to Article 28 -5 (1) of the said Act, shall meet the requirements for 
performing duties specified in paragraph (2) of the same Articl e:<Amended by Presidential Decree No. 
16725, Feb. 28, 2000; Presidential Decree No. 18694, Jan. 31, 2005; Presidential Decree No. 19513, Jun. 12, 2006; 
Presidential Decree No. 19697, Sep. 28, 2006; Presidential Decree No. 24491, Apr. 3, 2013>  
1.  A person who has served as an administrative patent judge at the Intellectual Property 
Tribunal for two or more years;  
2.  A person who is qualified as an administrative patent judge under paragraph (2) and has 
worked for the Korean Intellectual Property Office or any of its affiliated agencies for three or 
more years while being engaged in examinations or trials.  
(4)  A person eligible to become the President of the Intellectual Property Tribunal shall be 
qualified as an administrative patent judge. <Amended by Pres idential Decree No. 24491, Apr. 3, 2013>  
(5)  Notwithstanding paragraphs (1) through (4), a public official who belongs to a grade 
qualified for an examiner, administrative patent judge, presiding administrative patent judge, or  
 President of the Intellectu al Property Tribunal under paragraphs (1) through (4) (including a 
public official in general service as a member of the Senior Civil Service and a specialized 
contract -based public official referred to in paragraph (1) 3) and who is qualified for a patent  
attorney may be appointed as an examiner, administrative patent judge, presiding administrative 
patent judge, or President of the Intellectual Property Tribunal, respectively: Provided, That a 
specialized contract -based public official referred to in para graph (1) 3 shall be eligible to become 
an examiner only. <Amended by Presidential Decree No. 21917, Dec. 30, 2009; Presidential Decree No. 24491, Apr. 
3, 2013>  
(6)  Matters necessary for training of examiners and administrative patent judges under 
paragrap hs (1) and (2) shall be determined by the Commissioner of the Korean Intellectual 
Property Office.  
[This Article Wholly Amended by Presidential Decree No. 15408, Jun. 26, 1997]  
 
Article 8 -2 (Standards for Designating Specialized Institutions) (1)  The Commissioner of the 
Korean Intellectual Property Office may designate corporations that fully meet the following 
requirements as specialized institutions provided for in Article 58 (1 ) of the Act (hereinafter 
referred to as "specialized institution") pursuant to Article 58 (3) of the Act: Provided, That the 
same shall not apply to corporations, for which designation as specialized institutions has been 
revoked under Article 58 -2 (1) 1 of the Act, or corporations which employee a person who has 
been a executive who took office in a corporation at the time of designation as a specialized 
institution, for which two years have not elapsed since the revocation of such designation. 
<Amended b y Presidential Decree No. 19697, Sep. 28, 2006; Presidential Decree No. 22674, Feb. 
22, 2011>  
1.  They are required to secure documents and equipment necessary to perform the work of 
searching prior art or conducting a patent classification under the Inte rnational Patent 
Classification;  
2.  They are required to secure the manpower and organization exclusively responsible for 
performing the work of searching prior art or conducting a patent classification under the 
International Patent Classification;  
3.  T hey are required not to have persons on their payrolls who concurrently work for other 
institutions as executives or employees, which perform the work provided for in Article 2 of the 
Patent Attorney Act or are required not to have patent attorneys on thei r payrolls who are 
registered pursuant to Article 5 of the same Act from their executives and employees;  
4.  They are required to have executives and employees in charge of the work of searching prior 
art or conducting a patent classification under the Int ernational Patent Classification and to  
 have the security system for their facilities and equipment.  
(2)  In cases where any specialized institution designated pursuant to paragraph (1) performs 
any work, other than the work of searching prior art or condu cting a patent classification under 
the International Patent Classification, the work of searching prior art or conducting a patent 
classification under the International Patent Classification shall not be performed in an unfair 
manner on the grounds of su ch other work. <Amended by Presidential Decree No. 19697, Sep. 28, 2006>  
(3)  Any person who intends to be designated as a specialized institution shall file an application 
for designation as a specialized institution with the Commissioner of the Korean Int ellectual 
Property Office together with documents proving the fact that all requirements under each 
subparagraph of paragraph (1) are satisfied. <Amended by Presidential Decree No. 18694, Jan. 31, 2005; 
Presidential Decree No. 19697, Sep. 28, 2006>  
(4)  Mat ters necessary for the detailed criteria concerning the securing of documents, equipment, 
manpower and organization, the operation of a specialized institution, and the detailed criteria of 
security systems under each subparagraph of paragraph (1) shall be  provided and publicly 
announced by the Commissioner of the Korean Intellectual Property Office. <Newly Inserted by 
Presidential Decree No. 18694, Jan. 31, 2005; Presidential Decree No. 19697, Sep. 28, 2006>  
[This Article Newly Inserted by Presidential Decr ee No. 13744, Oct. 27, 1992]  
 
Article 8 -3 (Entrustment, etc. of Searching Prior Art) (1)  With respect to the patent 
applications or international applications deemed to require searching prior art or conducting a 
patent classification under the International Patent Classification pursuant to Article 58 (1) of the 
Act, the Commissioner of the Korean Intellectual Property Office may commission any specialized 
institution to search prior art or conduct a patent classification under the International Patent 
Classification. <Amended by Presidential Decree No. 19697, Sep. 28, 2006; Presidential Decree No. 
21567, Jun. 26, 2009>   
(2)  In cases where any specialized institution is commissioned by the Commissioner of the 
Korean Intellectual Property Office to search prior art or conduct a patent classification under the 
International Patent Classifi cation pursuant to paragraph (1), the head of such institution shall 
promptly notify the Korean Intellectual Property Office of the result of the search and the 
classification. <Amended by Presidential Decree No. 19697, Sep. 28, 2006>  
(3)  In cases where th e Commissioner of the Korean Intellectual Property Office recognizes that 
the result of the search and the classification referred to in paragraph (2) is insufficient to identify 
the existence of prior art and the patent classification under the Internatio nal Patent Classification 
in connection with the relevant patent application or international application, he/she may 
recommission the head of the relevant specialized institution to search prior art and conduct a  
 patent classification under the Internatio nal Patent Classification after defining the scope of the 
search, etc. <Amended by Presidential Decree No. 19697, Sep. 28, 2006; Presidential Decree No. 21567, Jun. 26, 
2009>  
(4)  Paragraph (2) shall be applicable mutatis mutandis to recommission referred t o in 
paragraph (3). <Amended by Presidential Decree No. 21567, Jun. 26, 2009>  
[This Article Newly Inserted by Presidential Decree No. 13744, Oct. 27, 1992]  
 
Article 9 (Object of Prior Examination)  
"Patent application prescribed by Presidential Decree" in su bparagraph 2 of Article 61 of the Act 
means any of the following patent applications designated by the Commissioner of the Korean 
Intellectual Property Office: <Amended by Presidential Decree No. 16852, Jun. 23, 2000; Presidential Decree No. 
17246, Jun. 27,  2001; Presidential Decree No. 18694, Jan. 31, 2005; Presidential Decree No. 19697, Sep. 28, 2006; 
Presidential Decree No. 20127, Jun. 28, 2007; Presidential Decree No. 20137, Jun. 29, 2007; Presidential Decree No. 
21053, Sep. 30, 2008; Presidential Decree  No. 21567, Jun. 26, 2009>  
1.  A patent application in the area of the defense industry;  
2.  A patent application directly related to green technology [referring to technology that 
minimizes emissions of greenhouse gases and pollutants by saving energy and  resources and 
making use of them efficiently throughout the whole process of social and economic activities, 
such as technology related to reducing greenhouse gases, raising the efficiency of energy 
utilization, pollution -free production, clean energy, re cycling resources, and eco -friendliness 
(including related convergence technology)];  
3.  A patent application directly related to the promotion of exportation;  
4.  A patent application concerning the official duties of the State or local governments (inclu ding 
any patent application concerning the duties of the national and public schools provided for in 
the Higher Education Act, which is filed by the organization in charge of the technology transfer 
and industrialization established within the national and  public schools pursuant to Article 11 
(1) of the Technology Transfer and Commercialization Promotion Act);  
5.  A patent application filed by an enterprise confirmed as a venture business under Article 25 of 
the Act on Special Measures for the Promotion of  Venture Businesses;  
5-2.  A patent application filed by an enterprise selected as a technology -innovative small and 
medium enterprise under Article 15 of the Act on the Promotion of Technology Innovation of 
Small and Medium Enterprises;  
6.  A patent appli cation concerning the results of the State's project to support the development 
of new technology or quality certification;  
7.  A patent application which is based on a priority claim under treaties (limited to cases where  
 a foreign patent office, upon rec eiving such priority claim based on the relevant patent 
application, is in the process of taking procedures for such patent);  
8.  A patent -applied invention for which the applicant is in process of commercializing or is 
preparing to do so;  
9.  A patent app lication directly related to electronic transaction;  
10.  A patent application on which the Commissioner of the Korean Intellectual Property Office 
has agreed with the commissioner of any foreign intellectual property office to preferentially 
examine such;  
11.  A patent application for which a person who intends to file an application for prior 
examination retained a specialized institution under Article 58 (1) of the Act to search prior arts 
with respect to the invention for which the patent application is  pending, and requested the 
specialized institution to notify the results of the search to the Commissioner of the Korean 
Intellectual Property Office.  
[This Article Wholly Amended by Presidential Decree No. 16417, Jun. 30, 1999]  
 
Article 10 (Decision on P rior Examination) (1)  Any person who applies for a prior examination 
shall file with the Commissioner of the Korean Intellectual Property Office an application for prior 
examination prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Am ended by 
Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 15009, Jun. 3, 1996; 
Presidential Decree No. 16417, Jun. 30, 1999; Presidential Decree No. 20729, Feb. 29, 2008; 
Presidential Decree No. 24439, Mar. 23, 2013>   
(2)  The Commissioner of the Korean Intellectual Property Office shall, upon receiving an 
application for prior examination under paragraph (1),decide whether to conduct the prior 
examination.  
(3)  Matters necessary for the decision on prior examination as  referred to in paragraph (2) shall 
be determined by the Commissioner of the Korean Intellectual Property Office.  
 
CHAPTER III CONFIDENTIAL TREATMENT, ETC. OF PATENT APPLICATION 
RELATED TO NATIONAL DEFENSE  
 
Article 11 (Classificatio n Criteria of Patent Application Related to National Defense)  
The Commissioner of the Korean Intellectual Property Office shall deter - mine the classification 
criteria necessary for selection of inventions to be treated as confidential under Article 41 (1)  of 
the Act (hereinafter referred to as "classification criteria") after consulting with the Commissioner 
of the Defense Acquisition Program Administration. <Amended by Presidential Decree No. 19697, Sep. 28,  
 2006>  
 
Article 12 (Procedure for Confidential Tr eatment) (1)  If a patent application filed by a person 
having a domicile or business place in the Republic of Korea is conformed to the classification 
criteria as prescribed in Article 11, the Commissioner of the Korean Intellectual Property Office 
shall r efer the Commissioner of the Defense Acquisition Program Administration to whether it is 
required to classify and treat such application as confidential. <Amended by Presidential Decree 
No. 19697, Sep. 28, 2006>   
(2)  Where the Commissioner of the Korean Intellectual Property Office has made a reference to 
the Commissioner of the Defense Acquisition Program Administration under paragraph (1), 
he/she shall notify an inventor, applicant and representative of the patent application, and a 
person who is deemed  aware of the invention (hereinafter referred to as "inventor, etc.") of such 
fact, and request them to maintain the confidentiality thereof. <Amended by Presidential Decree No. 
19697, Sep. 28, 2006>  
(3)  The Commissioner of the Defense Acquisition Program Administration 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, he/she shall request the Commissioner of the Korean 
Intellectual Property O ffice to classify and treat such patent application as confidential. <Amended by 
Presidential Decree No. 19697, Sep. 28, 2006>  
(4)  Upon receiving a request to classify and treat any patent application as confidential under 
paragraph (3), the Commissioner o f the Korean Intellectual Property Office shall take necessary 
measures in conformity with the confidential service rules, and order the inventor, etc. of the 
patent application to classify and treat it as confidential, and if he/she is not requested so, h e/she 
shall notify the inventor, etc. of the patent application of a cancellation of the request for 
maintenance of confidentiality as referred to in paragraph (2). <Amended by Presidential Decree No. 
18694, Jan. 31, 2005>  
(5)  Upon receiving a reply of the  Commissioner of the Defense Acquisition Program 
Administration under paragraph (3), the Commissioner of the Korean Intellectual Property Office 
shall promptly issue an order to classify and treat the patent application as confidential, or notify a 
cancell ation of the request for maintenance of confidentiality under paragraph (4). <Amended by 
Presidential Decree No. 19697, Sep. 28, 2006>  
 
Article 13 (Cancellation, etc. of Confidential Treatment) (1)  With respect to a patent 
application which is ordered to be  classified and treated as confidential under Article 12 (4), the 
Commissioner of the Korean Intellectual Property Office shall take necessary measures after  
 consulting twice or more each year with the Commissioner of the Defense Acquisition Program 
Admini stration on the cancellation of confidentiality, extension of confidential maintenance 
period or whether to change the confidential level. <Amended by Presidential Decree No. 19697, 
Sep. 28, 2006>   
(2)  An inventor, etc. who is ordered to classify and tre at a patent application as confidential 
under Article 12 (4), may request the Commissioner of the Korean Intellectual Property Office to 
release it from confidential treatment, to change the confidential level or to publish or license the 
invention to whic h a patent is applied, in a specified limit.  
 
Article 14 (Compensation) (1)  A patent applicant may request to the Commissioner of the 
Defense Acquisition Program Administration for a compensation for losses arising from the 
prohibition of a patent applicat ion from being filed in a foreign country or by being treated as 
confidential(hereinafter referred to as "compensation") under Article 41 (3) of the Act. <Amended 
by Presidential Decree No. 17246, Jun. 27, 2001; Presidential Decree No. 19697, Sep. 28, 2006 >  
(2)  If a patent applicant requests a compensation under paragraph (1), he/she shall submit a 
written request for compensation and documentary evidence proving the losses.  
(3)  Upon receiving a request for compensation under paragraph (1) from a patent applicant, the 
Commissioner of the Defense Acquisition Program Administration shall determine and pay the 
amount of compensation, and if necessary, he/she may consult with the Commissioner of the 
Korean Intellectual Property Office. <Amended by Presidential  Decree No. 19697, Sep. 28, 2006>  
 
Article 15 (Prohibition of Patent Application from Being Filed in Foreign Country and 
Permission thereof) (1)  If an invention for which a patent application is filed by a person 
having the domicile or business office in t he Republic of Korea, is demanded by the Commissioner 
of the Korean Intellectual Property Office to be maintained as confidential under Article 12 (2), or 
is ordered to be classified and treated as confidential under paragraph (4) of the said Article, such  
person may file a patent application in any foreign country only when it is permitted by the 
Commissioner of the Korean Intellectual Property Office.  
(2)  A person who intends to apply for a permit to file a patent application in a foreign country 
shall submit to the Commissioner of the Korean Intellectual Property Office a written application 
prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential 
Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 15009, Jun. 3 , 1996; Presidential Decree No. 16417, Jun. 30, 
1999; Presidential Decree No. 20729, Feb. 29, 2008; Presidential Decree No. 24439, Mar. 23, 2013>  
  
 Article 16 (Consultations with Commissioner of Defense Acquisition Program 
Administration)  
If the Commissioner of the Korean Intellectual Property Office intends to grant permission under 
any of the following subparagraphs, he/she shall first consult with the Commissioner of the 
Defense Acquisition Program Administration: <Amended by Presidential  Decree No. 19697, Sep. 28, 2006>  
1.  Permission on a publication or license of an invention classified and treated as confidential 
under Article 13 (2) in a specified limit;  
2.  Permission on a patent application in a foreign country under Article 15 (2).  
 
CHAPTER IV SUPPLEMENTARY PROVISIONS  
 
Article 17 Deleted. <by Presidential Decree No. 20127, Jun. 28, 2007>  
 
Article 18 (Service, etc. of Documents) (1)  Except in cases where the documents to be served 
under the Act are directly received by the party or h is/her representative at the Korean 
Intellectual Property Office or the Intellectual Property Tribunal or received by utilizing the 
information and communication networks, such documents shall be sent by registered mail. 
<Amended by Presidential Decree No.  14059, Dec. 31, 1993; Presidential Decree No. 15408, Jun. 
26, 1997; Presidential Decree No. 17246, Jun. 27, 2001; Presidential Decree No. 20127, Jun. 28, 
2007>  
(2)  Where the Commissioner of the Korean Intellectual Property Office or the President of the  
Intellectual Property Tribunal has served the documents pursuant to paragraph (1), he/she shall 
keep a receipt or its details according to any of the following subparagraphs: <Amended by 
Presidential Decree No. 17246, Jun. 27, 2001>  
1.  Where a party or hi s/her representative receives the documents directly at the Korean 
Intellectual Property Office or the Intellectual Property Tribunal, the receipt specifying the date 
of receipt and the name of recipient;  
2.  Where a party or his/her representative receive s the documents by utilizing the information 
and communication networks, the details written in a file for receipt saved on a computer 
system operated by the Korean Intellectual Property Office or the Intellectual Property Tribunal;  
3.  Where the documents  are sent by registered mail, the receipt of the registered mail.  
(3)  If the certified copies of an adjudication or decision of trial, review, ruling on the 
establishment of non -exclusive license and revocation of patent right are served, it shall be made  
by a special service method as prescribed by the Postal Service Act and the Enforcement Decree  
 thereof: Provided, That when such copies are delivered to persons who have reported on the use 
of electronic documents under Article 28 -4 (1) of the Act, the in formation and communications 
network may be used. <Amended by Presidential Decree No. 14059, Dec. 31, 1993; Presidential Decree No. 15408, 
Jun. 26, 1997; Presidential Decree No. 16417, Jun. 30, 1999; Presidential Decree No. 19697, Sep. 28, 2006; Presidentia l 
Decree No. 22674; Presidential Decree No. 22674, Feb. 22, 2011>  
(4)  Except as otherwise provided for in the Act or this Decree, a certified 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 certified copy or abstract of such protocol 
shall be delivered.  
(5)  Any service to a person falling under the main sentence of Article 3 (1) of the Act shall be 
made t o his/her legal representative.  
(6)  If several persons jointly exercise the attorneyship, it shall be sufficient to serve it to one of 
them. <Amended by Presidential Decree No. 14059, Dec. 31, 1993; Presidential Decree No. 22674, Feb. 22, 2011>  
(7)  Any se rvice to a person in a prison or detention house shall be made to the head of such 
prison or detention house. <Amended by Presidential Decree No. 14059, Dec. 31, 1993>  
(8)  In cases where there exist two or more parties or their representatives and a report  is made 
on a representative selected to receive documents to the Commissioner of the Korean Intellectual 
Property Office or the President of the Intellectual Property Tribunal, documents shall be 
delivered to such representative. <Newly Inserted by Preside ntial Decree No. 22674, Feb. 22, 2011>  
(9)  The place to be served shall be the domicile or business office of the person to be served: 
Provided, That where a person intending to be served a document has made a report on the place 
where he/she want to rece ive it (limited to a place in the Republic of Korea) in advance to the 
Commissioner of the Korean Intellectual Property Office or the President of the Intellectual 
Property Tribunal, it shall be such place. <Amended by Presidential Decree No. 14059, Dec. 31 , 1993; 
Presidential Decree No. 18694, Jan. 31, 2005; Presidential Decree No. 22674, Feb. 22, 2011>  
(10)  If a person to be served changes his/her place to be served, he/she shall report it without 
delay to the Commissioner of the Korean Intellectual Prope rty Office. <Newly Inserted by Presidential 
Decree No. 14059, Dec. 31, 1993; Presidential Decree No. 22674, Feb. 22, 2011>  
(11)  If a person to be served refuses to receive the service without justifiable grounds and it is 
thereby impossible to serve, the s ervice shall be deemed to have been made on the day of 
sending. <Amended by Presidential Decree No. 22674, Feb. 22, 2011>  
(12)  Sending, etc. of documents, other than those to be served under the Act shall be made as 
prescribed by the Commissioner of the Ko rean Intellectual Property Office. <Newly Inserted by 
Presidential Decree No. 14059, Dec. 31, 1993; Presidential Decree No. 20127, Jun. 28, 2007; Presidential Decree No. 
22674, Feb. 22, 2011>  
  
 Article 19 (Patent Gazette) (1)  The Patent Gazette as prescribed in Article 221 of the Act shall be 
classified into the patent gazette for public announcement of registration and the patent gazette 
for disclosure of patent application. <Amended by Presidential Decree No. 15408, Jun.  26, 1997>  
(2)  The patent gazette for public announcement of registration shall contain the following 
matters: <Amended by Presidential Decree No. 16417, Jun. 30, 1999; Presidential Decree No. 17246, Jun. 27, 2001; 
Presidential Decree No. 17995, Jun. 13, 2003; Presidential Decree No. 19697, Sep. 28, 2006; Presidential Decree No. 
21567, Jun. 26, 2009>  
1.  The name and domicile of a patentee (in cases of a juristic person, its title and the location of 
its place of business);  
2.  An application number, class ification code and date of application;  
3.  The name and domicile of an inventor;  
4.  Patent number and its registration date of establishment;  
5.  The publication date of registration;  
6.  Matters concerning priority claim;  
7.  Matters concerning converte d applications or divisional applications;  
8.  Specifications, drawings and abstracts attached to a patent application;  
9.  The laying -open number of patent application and its date of laying -open;  
10.  Matters concerning ex officio amendments under Articl e 66 -2 of the Act;  
11.  The details of correction made pursuant to Article 133 -2, 136 or 137 of the Act;  
12.  Other matters deemed necessary by the Commissioner of the Korean Intellectual Property 
Office.  
(3)  The patent gazette for disclosure of patent ap plication shall contain the following matters: 
Provided, That matters deemed to disrupt public order or morality or harm public sanitation shall 
be excluded: <Amended by Presidential Decree No. 16417, Jun. 30, 1999; Presidential Decree No. 17246, Jun. 27, 
2001; Presidential Decree No. 17995, Jun. 13, 2003; Presidential Decree No. 19697, Sep. 28, 2006>  
1.  The name and domicile of a patentee (in cases of a juristic person, its title and the location of 
its place of business);  
2.  An application number, classi fication code and date of application;  
3.  The name and domicile of an inventor;  
4.  The laying -open number of patent application and its date of laying -open;  
5.  Specifications, drawings and abstracts attached to a patent application;  
6.  Matters concerni ng priority claim;  
7.  Matters concerning converted applications or divisional applications;  
8.  The fact of requesting the examination of a patent application under Article 60 (2) of the Act: 
Provided, That if the fact is not published while laying open t he application, the laying -open 
number of publication, classification code and the number of such patent application as well as  
 the fact of requesting such examination shall be published in the next patent gazette for 
disclosure of patent application;  
9.  The intent to the effect that anyone may claim to the Commissioner of the Korean Intellectual 
Property Office against any patent application concerned with information and proof 
substantiating his/her claim under Article 63 -2 of the Act;  
10.  Other matters concerning the publication of patent application.  
 
Article 19 -2 (Processing of Personal Identity Information)  
If the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual 
Property Tribunal deems it unavoidable to carry out the following administrative affairs, he/she 
may process data containing a resident registration number or a foreigner registration number 
under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information 
Protection Act:  
1.  Administrative affairs for giving an identification number under Article 28 -2 of the Act;  
2.  Administrativ e affairs relating to patent application under Article 42 of the Act;  
3.  Administrative affairs relating to the examination and preservation of evidence under Article 
157 of the Act;  
4.  Administrative affairs relating to the submission, etc. of documents  under Article 222 of the 
Act;  
5.  Other administrative affairs relating to the filing, reporting, or submission in connection with 
application, examination, trial, and registration under the Act and this Decree.  
[This Article Newly Inserted by Presidentia l Decree No. 23488, Jan. 6, 2012]  
 
Article 20 (Imposition of Fines for Negligence)  
The guidelines for the imposition of fines for negligence under Article 232 (1) of the Act are as 
provided for in the attached Table. <Amended by Presidential Decree No. 2334 1, Dec. 2, 2011>  
 
 
 
ADDENDA  <No. 13078, 28. Aug, 1990>  
This Decree shall enter into force on September 1, 1990.  
  
  
 
ADDENDA  <No. 13744, 27. Oct, 1992>  
This Decree shall enter into force on November 1, 1992.  
 
 
 
ADDENDA  <No. 13870, 06. Mar, 1993>  
Article 1 (Enforcement Date)  
This Decree shall enter into force on the date of its promulgation.  
Articles 2 through 4 Omitted.  
 
 
 
ADDENDA  <No. 14059, 31. Dec, 199 3> 
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1994.  
(2) (Transitional Measures for Object of Prior Examination) With respect to another person's 
patent application for which the Government or local government and its contribute d research 
institute requested the examination, before this Decree enters into force, the former provisions 
shall apply.  
(3) (Special Case concerning Request for Compensation) The amended provisions of Article 14 (1) 
shall also apply to any patent applicat ion classified into and treated as confidential, before this 
Decree enters into force.  
(4) Omitted.  
 
 
 
ADDENDA  <No. 15009, 03. Jun, 1996>  
Article 1 (Enforcement Date)   
 This Decree shall enter into force on July 1, 1996: Provided, That the amended provisions of 
subparagraph 2 of Article 7 shall enter into force on December 7, 1996.  
Article 2 Omitted.  
 
 
 
ADDENDA  <No. 15408, 26. Jun, 1997>  
Article 1 (Enforcement Date)  
This Decree shall enter into force on July 1, 1997: Provided, That the amended provisions of 
Article 19 (3) 2 (e) through (j) shall enter into  
force on February 1, 1998 and the amended provisions of Articles 4 (1) 2, 8, and 18 (1) and (2) 
shall enter into force on March 1, 1998.  
Article 2 (Transitional Measures on Calculation, etc. of Period for Qualification of 
Administrative Patent Judges, etc.)  
(1) The term of office which any person has served as a State public official of G rade IV or V in 
general service in the affairs of appellate trial at the appellate trial tribunal and the term of 
completion which he/she has completed the training courses for a technical examiner and 
administrative patent judge as a State public official  of Grade IV in general service at the 
International Patent Training Center before the amended provisions of Article 8 (2) enter into 
force shall be deemed the term of office which he/she has served as an examiner as referred to in 
subparagraph 1 of the sa me paragraph.  
(2) The term of office which any person has served as an administrative patent judge at the 
Korean Intellectual Property Office before the amended provisions of Article 8 (3) enter into force 
shall be deemed the term of office which he/she ha s served as an administrative patent judge as 
referred to in subparagraph 1 of the same paragraph.  
(3) Any person qualified as an administrative patent judge or appellate examiner pursuant to the 
previous provisions as at the time the amended provisions of  Article 8 (2) and (3) enter into force 
shall be deemed a person qualified as an administrative patent judge or a presiding administrative 
patent judge under this Decree.  
Article 3 (Special Cases on Special Service of Adjudication, etc.)  
In applying the am ended provisions of Article 18 (3), "trial" in the same paragraph of the same 
Article shall be construed as "trial, appellate trial and immediate appeal" until February 28, 1998.  
  
  
 
ADDENDA  <No. 16417, 30. Jun, 1999>  
(1) (Enforcement Date) This Decree shal l enter into force on July 1, 1999.  
(2) (Applicability) The amended provisions of Article 9 shall apply from the first patent 
application with a request for an accelerated examination made after this Decree enters into force.  
 
 
 
ADDENDA  <No. 16725, 28. Feb , 2000>  
Article 1 (Enforcement Date)   
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)  
Articles 2 and 3 Omitted.  
 
 
 
ADDENDA  <No. 16852, 23. Jun, 2000>  
(1) (Enforcement Date) This Decree shall enter into force on July 1, 2000.  
(2) (Applicability to Request for Accelerated Examination) The amended provisions of 
subparagraph 9 of Article 9 shall apply from the first patent application with a request for 
accelerated examination filed after this Decree enters into force.  
 
 
 
ADDENDA  <No. 17246, 27. Jun, 2001>  
This Decree shall enter into force on July 1, 2001.  
 
  
  
ADDENDA  <No. 17995, 13. Jun, 2003>  
This Decree shall enter into force on the date of its promulgati on. 
 
 
 
ADDENDA  <No. 18312, 17. Mar, 2004>  
This Decree shall enter into force on the date of its promulgation.  
 
 
 
ADDENDA  <No. 18694, 31. Jan, 2005>  
This Decree shall enter into force on February 11, 2005.  
 
 
 
ADDENDA  <No. 19513, 12. Jun, 2006>  
Article 1 (Enforcement Date)   
This Decree shall enter into force on July 1, 2006.  
Articles 2 through 4 Omitted.  
 
 
 
ADDENDA  <No. 19697, 28. Sep, 2006>  
(1) (Enforc ement Date) This Decree shall enter into force on October 1, 2006: Provided, That the 
amended provisions of Articles 8 (2) and (3) 2, 18 (3) and 19 (2) 10 shall enter into force on July 1, 
2007.  
(2) (Applicability to Accelerated Examination) The amended pr ovisions of Article 9 shall apply  
 from the first patent application with a request for accelerated examination filed after this Decree 
enters into force.  
(3) (Transitional Measures concerning Qualification Requirements for Administrative Patent 
Judges) Any  person qualified as an administrative patent judge or a presiding administrative 
patent judge pursuant to the previous provisions as at the time the amended provisions of Article 
8 (2) and (3) enter into force shall be deemed a person qualified as an admi nistrative patent judge 
or a presiding administrative patent judge, respectively, pursuant to this Decree.  
(4) (Transitional Matters concerning Publication of Patent Gazette) The publication of the patent 
gazette concerning the patent application filed pur suant to the previous provisions as at the time 
the amended provisions of Article 19 (2) 7 and (3) 7 and 9 enter into force shall be governed by 
the previous provisions.  
 
 
 
ADDENDA  <No. 20127, 28. Jun, 2007>  
This Decree shall enter into force on July 1, 20 07. 
 
 
 
ADDENDA  <No. 20137, 29. Jun, 2007>  
Article 1 (Enforcement Date)   
This Decree shall enter into force on the date of its promulgation.  
Articles 2 through 5 Omitted.  
 
 
 
ADDENDA  <No. 20729, 29. Feb, 2008>  
Article 1 (Enforcement Date)   
This Decree shall enter into force on the date of its promulgation.  
Articles 2 and 3 Omitted.   
  
 
 
ADDENDA  <No. 21053, 30. Sep, 2008>  
Article 1 (Enforcement Date)   
This Decree shall enter into force on October 1, 2008.  
Article 2  (Applicability to Cases Eligible for Accelerated Examination)   
The amended provisions of Article 9 shall apply from the first patent application with a request 
for accelerated examination filed after this Decree enters into force.  
 
 
 
ADDENDA  <No. 21567, 2 6. Jun, 2009>  
Article 1 (Enforcement Date)  
This Decree shall enter into force on July 1, 2009: Provided, That the amended provisions of 
Article 8 -3 shall enter into force on the date of its promulgation, those of subparagraph 2 of Article 
9 on October 1, 2009, and those of Article 3 on January 1, 2 010.  
Article 2 (Applicability to Matters Entered in Patent Specifications of Invention related to 
Micro -Organism)  
The amended provisions of Article 3 shall apply from the first patent application, divisional 
application, converted application, and applicat ion made by a lawful holder of the right after an 
application made by an unentitled person after the date the amended provisions of Article 3 under 
the proviso to Article 1 of the Addenda enter into force.  
Article 3 (Transitional Measures)  
Notwithstanding the amended provisions of Article 4 (1) 2, the previous provisions shall apply to 
any patent application made before this Decree enters into force.  
 
 
 
ADDENDA  <No. 21917, 30. Dec, 2009>   
 This Decree shall enter into force on the date of its promulgation.  
 
 
 
ADDENDA  <No. 22674, 22. Feb, 2011>  
Article 1 (Enforcement Date)   
This Decree shall enter into force on April 1, 2011.  
Article 2 (Applicable Examples concerning Delivery of Copies of Adjudication or Decision)   
The amended provisions of Article 18 (3) shall  apply from the first adjudication or decision field 
after the enforcement of this Decree.  
 
 
 
ADDENDA  <No. 23341, 02. Dec, 2011>  
Article 1 (Enforcement Date)   
This Decree shall enter into force on the date when the Free Trade Agreement between the 
Republic  of Korea and the United States of America comes into effect in the Republic of Korea: 
Provided, That the amended provisions of Article 20 and the attached table shall enter into force 
on January 1, 2012.  
Article 2 (Applicability to Period Delayed Due to Applicants)  
The amended provisions of Article 7 -2 shall apply from the first patent application field after this 
Decree enters into force.  
Article 3 (Transitional Measures concerning Fines for Negligence)  
(1) The application of standards for imposition of fines for negligence against violations before 
this Decree enters into force shall be governed by the previous provisions, notwithstanding the 
amended provisions of the attached table.  
(2) The imposition of  fines for negligence against violations before this Decree enters into force 
shall not be included in calculating the number of violations under the amended provisions of the 
attached table.  
 
  
  
ADDENDA  <No. 23488, 06. Jan, 2012>  
Article 1 (Enforcement Dat e)  
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)  
 
 
 
ADDENDA  <No. 24439, 23. Mar, 2013>  
Article 1 (Enforcement Date)   
This Decree shall enter into force on the date of its promulgation.  
Article 2 and 3 Omitted.  
 
 
 
ADDENDA  <No. 24491, 03. Apr, 2013>  
Article 1 (Enforcement Date)   
This Decree shall enter into force on the date of its promulgation.  
Article 2 (Applicability to Inventions Subject to Application for Registration of Extension of 
Term of Patent Right by Permit, etc.)  
The amended provisions of Article 7 shall apply to the inventions for which an application for 
registration of the extensio n of the term of a patent right by permit, etc. is filed on or after the date 
this Decree enters into force.  
 