 
 PATENT ACT  
[Enforcement Date 30. Jun, 2016.] [Act No.14112, 29. Mar, 2016., Partial Amendment]  
 
 
CHAPTER I GENERAL PROVISIONS  
 
Article 1 (Purpose)  
The purpose of this Act is to promote the development of technologies and to contribute to 
industrial development by protecting and supporting inventions and promoting the use of 
inventions.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 2 (Definitions)  
The terms used in this Act shall be defined as follows:  
1.  The term "invention" means the highly advanced creation of a technical idea utilizing the laws 
of nature;  
2.  The term "patented invention" means an invention for which a p atent has been granted;  
3.  The term "executing" means any of the following activities:  
(a)  An invention of a thing: Manufacturing, using, selling, leasing, importing the thing or 
offering to sell or lease the thing (including displaying a thing for the p urpose of sale or lease; 
hereinafter the same shall apply);  
(b)  An invention of a process: Using the process;  
(c)  An invention of a process of manufacturing a thing: Using, selling, leasing, or importing a 
thing manufactured by the process or offering to  sell or lease such thing, other than the 
activities specified in item (b).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 3 (Legal Capacity of Minors, etc.)   (1)  No minor, person under limited guardianship, nor 
person under adult guardianship shall file any application or request or initiate any other 
procedure in connection with any patent (hereinafter referred to as "patent -related procedure") 
unless represented by his/her legal representative: Provided, That the foregoing shall not apply 
where a minor or a person under limited guardianship is able to engage in a legal act 
independently.   
(2)  The legal representative referred to in paragraph (1) may not, without consent of the  
 supervisor of guardianship, take procedures for a tr ial or retrial initiated by the other party.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 4 (Unincorporated Associations, etc.)  
A representative or an administrator appointed by an unincorporated association or foundation 
may beco me a petitioner requesting the examination of a patent application or a petitioner or 
defendant for a trial or retrial in the name of the unincorporated association or foundation.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 5 (Patent Administrators for Overseas Residents)   (1)  No person with no domicile or 
place of business in the Republic of Korea (hereinafter referred to as “overseas resident”) shall 
initiate any patent -related procedure or file legal proceedings a gainst a disposition made by an 
administrative authority under this Act or an order issued under this Act, unless he/she is 
represented by an agent with respect to his/her patent, who has a domicile or place of business in 
the Republic of Korea (hereinafte r referred to as “patent administrator”), except where the 
overseas resident (or the representative if the overseas resident is a corporation) sojourns in the 
Republic of Korea.  
(2)  A patent administrator shall represent the principal in all patent -relat ed procedures and 
legal proceedings filed with respect to a disposition made by an administrative authority under 
this Act or an order issued under this Act, within the scope of authority delegated to him/her.  
[This Article Wholly Amended by Act No. 12753,  Jun. 11, 2014]  
 
Article 6 (Scope of Agency Authority)   
An agent to whom agency authority is granted by a person who has a domicile or place of business 
in the Republic of Korea may conduct any of the following acts, only if expressly authorized so. 
The fo regoing shall also apply to a patent administrator:  
1.  To modify, abandon or withdraw a patent application;  
2.  To relinquish a patent;  
3.  To withdraw an application for registering the extension of the term of a patent;  
4.  To withdraw an application;  
5.  To withdraw a request;  
6.  To claim a priority under Article 55 (1) or withdraw a priority claim;  
7.  To file a petition for trial under Article 132 -3; 
8.  To appoint a sub -agent.   
 [This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 7 (Verification of Agency Authority)  
A person who initiates a patent -related procedure as an agent (including a patent administrator; 
hereinafter the same shall apply) shall verify his/her agency authority in writing.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 7 -2 (Ratification of Acts of Persons Lacking Legal Capacity, etc.)  
Procedures initiated by a person who lacks legal capacity or authority for legal representation or 
by a person whose delegated authority is defective, which i s necessary for initiating a 
patent -related procedure, shall take effect retroactively back to the time such procedures were 
initiated, if the procedures are ratified by the principal or legal representative when he/she has 
gained capacity to proceed.  
[Thi s Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 8 (Survival of Agency Authority)  
The agency authority granted to an agent by a person who initiates a patent -related procedure 
shall survive even in any of the following events:  
1.  The principal’s death or loss of legal capacity;  
2.  The corporate principal’s dissolution in the course of  a merger;  
3.  The termination of the principal’s duty as a trustee;  
4.  The legal representative’s death or loss of legal capacity to act;  
5.  The termination of, or a change in, the legal representative’s agency authority.  
[This Article Wholly Amended by  Act No. 12753, Jun. 11, 2014]  
 
Article 9 (Independence of Representation)  
If a person who initiates a patent -related procedure is represented by at least two agents, each of 
them shall independently represent the principal before the Commissioner of the K orean 
Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal 
Board.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 1 0 (Orders to Appoint or Replace Agents, etc.)   (1)  If the Commissioner of the Korean  
 Intellectual Property Office or the presiding administrative patent judge appointed under Article 
145 (1) (hereinafter referred to as “presiding judge”) finds that a pers on initiating a 
patent -related procedure is unable to properly perform the procedure or to make a statement in 
oral hearings or is incompetent in initiating the procedure on any other ground, he/she may issue 
an order to appoint an agent who shall initiate  the procedure on behalf of the person.  
(2)  If the Commissioner of the Korean Intellectual Property Office or a presiding judge finds that 
an agent who initiates a patent -related procedure is unable to properly perform the procedure or 
to make a statemen t in oral hearings or is incompetent in initiating the procedure on any other 
ground, he/she may issue an order to replace the agent with another agent.  
(3)  In cases falling under paragraph (1) or (2), the Commissioner of the Korean Intellectual 
Property Office or a presiding judge may order a patent attorney to represent the relevant person.  
(4)  When the Commissioner of the Korean Intellectual Property Office or a presiding judge 
orders a person to appoint or replace his/her agent under paragraph (1) or (2), he/she may 
completely or partially invalidate the patent -related procedure initiated by the person under 
paragraph (1) or the agent under paragraph (2) before the Commissioner of the Korean 
Intellectual Property Office or the President of the Korean I ntellectual Property Trial and Appeal 
Board.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 11 (Representation by at Least Two Persons)   (1)  Where at least two persons jointly 
perform a patent -related procedure, each of them shall represent all, except for any of the 
following acts: Provided, That if they appoint their representative and report to the Commissioner 
of the Korean Intellectual Property Office or the President of the Korean Intellectual Property 
Trial and Appeal Board o n the appointment, only the representative may represent all of them:  
1.  To modify, abandon, or withdraw a patent application;  
2.  To withdraw an application for registering the extension of the term of a patent;  
3.  To withdraw an application;  
4.  To withdraw a request;  
5.  To claim a priority under Article 55 (1) or withdraw a priority claim;  
6.  To file a petition for trial under Article 132 -3. 
(2)  When a report is filed under the proviso to paragraph (1), the appointment of the 
representativ e shall be evidenced in writing.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 12 (Application Mutatis Mutandis of the Civil Procedure Act)   
 Except as otherwise expressly provided for in this Act, Section 4 of Chapter II of Part I o f the Civil 
Procedure Act shall apply mutatis mutandis to agents.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 13 (Jurisdiction over Overseas Residents)  
If an overseas resident has appointed a patent administrator for his/her pate nts or any right in a 
patent, the domicile or place of business of the patent administrator shall be deemed the place 
where the property is situated under Article 11 of the Civil Procedure Act, whereas the seat of the 
Korean Intellectual Property Office sh all be deemed the place where such property is situated, if 
an overseas resident has not appointed a patent administrator.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 14 (Calculation of Periods)   
The periods specified by this Act  or any order issued under this Act shall be determined as 
follows:  
1.  The first day of a period shall not be counted: Provided, That the foregoing shall not apply 
where a period commences at midnight;  
2.  If a period is expressed in months or years, it s hall be counted according to the calendar;  
3.  If the start of a period does not coincide with the beginning of a month or year, the period 
shall expire on the day immediately preceding the date in the last month or year of the period 
corresponding to the date when the period commenced: Provided, That if a period is counted by 
months or years but there is no corresponding day in the last month, the period shall expire on 
the last day of that month;  
4.  If the last day of a period for performing a patent -related procedure falls on an official holiday 
(including the Workers' Day designated under the Designation of Workers' Day Act and 
Saturdays), the period shall expire on the working day following such official holiday.  
[This Article Wholly Amended by Act No.  12753, Jun. 11, 2014]  
 
Article 15 (Extension, etc. of Periods)   (1)  Upon request or ex officio, the Commissioner of the 
Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and 
Appeal Board may extend the period for filing a petition for trial under Article 132 -3 only once by 
up to 30 days: Provided, That the number of extensions and the period may be additionally 
increased or extended for the benefit of a person with poor access to transport, as prescribed by 
Ordinance of the Ministry of Trade, Industry and Energy.   
 (2)  When the Commissioner of the Korean Intellectual Property Office, the President of the 
Korean Intellectual Property Trial and Appeal Board, a presiding judge, or an examiner referred to 
in Article  57 (1) (hereinafter referred to as “examiner”) sets a period for initiating a patent -related 
procedure under this Act, he/she may reduce or extend the period, upon request, or may extend 
the period, ex officio. In such cases, the Commissioner of the Korea n Intellectual Property Office or 
other competent authority shall ensure that the interests of relevant parties in the procedure are 
not unfairly infringed on when determining whether to reduce or extend such period.  
(3)  Where a presiding judge specifies a deadline for initiating a patent -related procedure under 
this Act, he/she may change the deadline, upon request or ex officio.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 16 (Invalidation of Procedure)   (1)  When a person ordered to make an amendment 
under Article 46 fails to do so within a specified period, the Commissioner of the Korean 
Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal 
Boar d may invalidate the patent -related procedure: Provided, That if a person ordered to make an 
amendment for his/her failure to pay petition fees for an examination under Article 82 (2) fails to 
pay the petition fees, the Commissioner of the Korean Intellect ual Property Office or the President 
of the Korean Intellectual Property Trial and Appeal Board may invalidate the amendment to the 
specification accompanying the patent application.  
(2)  When a patent -related procedure has been invalidated under paragrap h (1), but it is deemed 
that the failure to make an amendment within the specified period was due to a cause not 
attributable to the person ordered to do so, the Commissioner of the Korean Intellectual Property 
Office or the President of the Korean Intelle ctual Property Trial and Appeal Board may revoke the 
invalidation within two months after the relevant cause ceases to exist, upon receipt of a request 
from the person ordered to make such amendment: Provided, That the foregoing shall not apply 
where one y ear has passed since the expiration of the specified period.  
(3)  When the Commissioner of the Korean Intellectual Property Office or the President of the 
Korean Intellectual Property Trial and Appeal Board invalidates a procedure under the main 
sentence o f or the proviso to paragraph (1) or revokes invalidation under the main sentence of 
paragraph (2), he/she shall give written notice of such measure to the person ordered to make an 
amendment.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 17 (Subsequent Completion of Procedure)  
If a person who has initiated a patent -related procedure fails to complete the procedure within  
 either of the following periods due to a cause not attributable to him/her, he/she may 
subsequently complete the  procedure within 14 days after the cause ceases to exist: Provided, 
That the foregoing shall not apply where one year has passed since the expiration of the specified 
period:  
1.  A period for filing a petition for trial under Article 132 -3; 
2.  A period f or filing a petition for retrial under Article 180 (1).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 18 (Succession of Procedural Effects)  
The effects of a procedure taken with respect to a patent or any other right in a patent sh all extend 
to the successor to the patent or the right in the patent.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 19 (Continuation of Procedure)  
Where a patent or any other right in a patent is transferred while a patent -related procedure is 
pending in the Korean Intellectual Property Office or the Korean Intellectual Property Trial and 
Appeal Board, the Commissioner of the Korean Intellectual Property Office or the presiding judge 
may permit the successor to the patent or the rig ht in the patent to continue the patent -related 
procedure.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 20 (Interruption of Procedure)  
In any of the following cases, a patent -related procedure pending in the Korean Intellectual 
Property Office or the Korean Intellectual Property Trial and Appeal Board shall be interrupted: 
Provided, That the foregoing shall not apply where an agent has been authorized to continue the 
procedure:  
1.  If the relevant party dies;  
2.  If the relevant corporate party dissolves in the course of a merger;  
3.  If the relevant party loses the capacity to perform the procedure;  
4.  If the party’s legal representative dies or loses the agency authority;  
5.  If the duty of a trustee of the party terminates;  
6.  If the representative appointed under the proviso to Article 11 (1) excluding the 
subparagraphs dies or becomes disqualified;  
7.  If a bankruptcy trustee or a person who has intervened in the procedure for another person in  
 his/her name with a certain qualification becomes disqualified or dies.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 21 (Resumption of Interrupted Procedure)  
If a procedure pending in the Korean Intellectual Property Office or the Korean Intellectual 
Property Trial and Appeal Board is interrupted under Article 20, any of the following persons 
shall resume the procedure:  
1.  In cases falling under subparagraph 1 of Article 20: The deceased party’s heir, the 
adm inistrator of inherited estate, or a person authorized to resume the procedure under any 
Act: Provided, That no heir may resume the procedure during the period in which he/she can 
renounce inheritance;  
2.  In cases falling under subparagraph 2 of Article 2 0: The corporation established in the course 
of the merger or the corporation surviving the merger;  
3.  In cases falling under subparagraph 3 or 4 of Article 20: The party whose capacity to perform 
the procedure is reinstated or a person appointed as the l egal representative;  
4.  In cases falling under subparagraph 5 of Article 20: A new trustee;  
5.  In cases falling under subparagraph 6 of Article 20: A new representative or either party;  
6.  In cases falling under subparagraph 7 of Article 20: An equally qualified person.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 22 (Applications for Resumption)   (1)  An application to resume a procedure 
interrupted under Article 20 can be filed by a person specified in any subparagraph of Arti cle 21. 
In such cases, the other party can request the Commissioner of the Korean Intellectual Property 
Office or the administrative patent judge referred to in Article 143 (hereinafter referred to as 
“administrative patent judge”) to order the person spec ified in any subparagraph of Article 21 to 
file an application to resume.  
(2)  Upon receipt of an application to resume an interrupted procedure under Article 20, the 
Commissioner of the Korean Intellectual Property Office or the presiding judge shall not ify the 
other party thereof.  
(3)  If the Commissioner of the Korean Intellectual Property Office or the administrative patent 
judge deems that no grounds exist to accept an application to resume an interrupted procedure 
under Article 20, after examining th e application ex officio, he/she shall determine to dismiss the 
application.  
(4)  Upon receipt of an application to resume an interrupted procedure, the Commissioner of the 
Korean Intellectual Property Office or the administrative patent judge shall determ ine whether to  
 permit the resumption of the procedure interrupted after a certified copy of a decision or trial 
ruling is served.  
(5)  If a person specified in any subparagraph of 21 fails to resume the interrupted procedure, 
the Commissioner of the Korean  Intellectual Property Office or the administrative patent judge 
shall, ex officio, order the person to resume the procedure within a specified period.  
(6)  If the procedure is not resumed within the period specified in paragraph (5), it shall be 
deemed resumed on the day following the expiration of the period.  
(7)  Where the procedure is deemed resumed under paragraph (6), the Commissioner of the 
Korean Intellectual Property Office or the presiding judge shall notify all relevant parties thereof.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 23 (Suspension of Procedure)   (1)  If the Commissioner of the Korean Intellectual 
Property  Office or an administrative patent judge is unable to perform any of his/her duties due to 
a natural disaster or other extenuating circumstances, the procedure pending in the Korean 
Intellectual Property Office or the Korean Intellectual Property Trial an d Appeal Board shall be 
suspended until such circumstances cease to exist.  
(2)  If a relevant party is unable to resume a procedure pending in the Korean Intellectual 
Property Office or in the Korean Intellectual Property Trial and Appeal Board due to an obstacle 
that persists for an indefinite duration, the Commissioner of the Korean Intellectual Property 
Office or the competent administrative patent judge may determine to order the suspension of the 
procedure until the obstacle is removed.  
(3)  The Commi ssioner of the Korean Intellectual Property Office or an administrative patent 
judge may revoke the determination made under paragraph (2).  
(4)  When the Commissioner of the Korean Intellectual Property Office or the presiding judge 
suspends a procedure un der paragraph (1) or (2) or revokes a determination under paragraph (3), 
he/she shall notify all relevant parties thereof.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 24 (Effects of Interruption or Suspension)  
When a patent -relat ed procedure is interrupted or suspended, the running of the relevant period 
shall be interrupted, and the entire period shall commence from the time the resumption of the 
procedure is notified or the procedure is resumed.  
[This Article Wholly Amended by A ct No. 12753, Jun. 11, 2014]  
  
 Article 25 (Legal Capacity of Foreigners to Hold Rights) No overseas -resident foreigner shall 
enjoy a patent or any right in a patent, except in any of the following cases:  
1.  Where the country to which a foreigner belongs all ows nationals of the Republic of Korea to 
enjoy a patent or any right in a patent under the same terms and conditions as those applicable 
to the nationals of the country;  
2.  Where the country to which a foreigner belongs allows nationals of the Republic o f Korea to 
enjoy a patent or any right in a patent under the same terms and conditions as those applicable 
to the nationals of the country, if the Republic of Korea allows the foreigner to enjoy a patent or 
any right in a patent;  
3.  Where a foreigner is a llowed to enjoy a patent or any right in a patent under a treaty or any 
arrangement equivalent to a treaty (hereinafter referred to as "treaty").  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 26 Deleted. <by Act No. 11117, Dec. 2, 2011>  
 
Article 27 Deleted. <by Act No. 6411, Feb. 3, 2001>  
 
Article 28 (Effective Date of Submission of Documents)   (1)  An application, req uest, or any 
other document (including things; hereafter the same shall apply in this Article) filed with the 
Commissioner of the Korean Intellectual Property Office or the President of the Korean 
Intellectual Property Trial and Appeal Board under this Act  or any order issued under this Act 
shall take effect on the date when it is issued to the Commissioner of the Korean Intellectual 
Property Office or the President of the Korean Intellectual Property Trial and Appeal Board. 
<Amended by Act No. 12753, Jun. 11, 2014>  
(2)  If an application, request, or any other document referred to in paragraph (1) is filed with 
the Commissioner of the Korean Intellectual Property Office or the President of the Korean 
Intellectual Property Trial and Appeal Board by post, it  shall be deemed issued to the 
Commissioner of the Korean Intellectual Property Office or the President of the Korean 
Intellectual Property Trial and Appeal Board on the date specified in either of the following, 
whichever is relevant: Provided, That if do cuments for applying for registration of a patent or any 
right in a patent or documents regarding international applications defined in Article 2 (vii) of the 
Patent Cooperation Treaty (hereinafter referred to as "international application") are submitted 
by post, such documents shall take effect on the date when they are issued to the Commissioner of  
 the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial 
and Appeal Board: <Amended by Act No. 12753, Jun. 11, 2014>  
1.  If the date stamped on the post by a postal authority is clear: The date stamped thereon;  
2.  If the date stamped on the post by a postal authority is unclear: The date evidenced by the 
receipt of the post.  
(3)  Deleted. <by Act No. 5576, Sep. 23, 1998>  
(4)  Except as provided for in paragraphs (1) and (2), matters necessary for submitting 
documents where the delivery of post is delayed, post is lost, or postal service is interrupted shall 
be prescribed by Or dinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 
12753, Jun. 11, 2014>  
 
Article 28 -2 (Entry of Identification Number)   (1)  A person specified by Ordinance of the 
Ministry of Trade, Industry and Energy, who initiate a patent -relat ed procedure, shall apply for 
issuance of his/her identification number to the Commissioner of the Korean Intellectual Property 
Office or the President of the Korean Intellectual Property Trial and Appeal Board.  
(2)  Upon receipt of an application under p aragraph (1), the Commissioner of the Korean 
Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal 
Board shall issue an identification number to the applicant and notify the applicant thereof.  
(3)  The Commissio ner of the Korean Intellectual Property Office or the President of the Korean 
Intellectual Property Trial and Appeal Board shall, ex officio, issue an identification number to a 
person who initiates a patent -related procedure, if the person fails to apply for his/her 
identification number under paragraph (1), and shall notify the person thereof.  
(4)  A person issued his/her identification number under paragraph (2) or (3) shall state the 
identification number in the documents specified by Ordinance of the M inistry of Trade, Industry 
and Energy, when he/she takes a patent -related procedure. In such cases, he/she may elect not to 
state his/her domicile (if such person is a corporation, its place of business) in such documents, 
notwithstanding this Act or any o rder issued under this Act.  
(5)  Paragraphs (1) through (4) shall apply mutatis mutandis to an agent of a person who takes a 
patent -related procedure.  
(6)  Filing applications for issuance of an identification number, and issuance and notification of 
an id entification number, and other matters necessary for identification numbers shall be 
prescribed by Ordinance of the Ministry of Trade, Industry and Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 28 -3 (Procedure for Filing Pa tent Applications by Electronic Documents)   (1)  A  
 person who initiates a patent -related procedure may convert a patent application and other 
documents to be filed with the Commissioner of the Korean Intellectual Property Office or the 
President of the Kor ean Intellectual Property Trial and Appeal Board under this Act, into 
electronic documents by the method prescribed by Ordinance of the Ministry of Trade, Industry 
and Energy, and submit them via an information and communications network or by means of any  
electronic recording medium, such as a portable storage device.  
(2)  Electronic documents submitted under paragraph (1) shall be as valid as paper documents 
submitted under this Act.  
(3)  An electronic document submitted via an information and communicat ions network under 
paragraph (1) shall be deemed received as the contents recorded in the file saved in the electronic 
information processing system used by the Korean Intellectual Property Office or the Korean 
Intellectual Property Trial and Appeal Board to receive documents at the time the person who 
submits the document can confirm the filing number via the information and communications 
network.  
(4)  The kinds of documents that can be submitted by electronic documents under paragraph (1), 
the method of submission, and other matters necessary for submitting documents as electronic 
documents shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 28 -4 (Reporting on Use of Electronic Documents and Digital Signature)   (1)  A person 
who intends to take a patent -related procedure using electronic documents shall report such use 
of electronic documents to the Commissioner of the Korean Intellectual Property Office or t he 
President of the Korean Intellectual Property Trial and Appeal Board, and shall affix his/her 
digital signature on electronic documents submitted to the Commissioner of the Korean 
Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal 
Board to identify the person who submits the documents.  
(2)  Electronic documents submitted under Article 28 -3 shall be deemed submitted by a person 
whose digital signature is affixed thereon under paragraph (1).  
(3)  Procedures for reporting the use of electronic documents and the method of affixing a digital 
signature under paragraph (1), and other necessary matters shall be prescribed by Ordinance of 
the Ministry of Trade, Industry and Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 28 -5 (Notification, etc. via Information and Communications Networks)   (1)  If the 
Commissioner of the Korean Intellectual Property Office, the President of the Korean Intellectual  
 Prop erty Trial and Appeal Board, a presiding judge, an administrative patent judge, or an 
examiner intends to give notice of or serve a document (hereinafter referred to as “notification or 
service of documents”) to or on a person who has reported on the use o f electronic documents 
under Article 28 -4 (1), he/she may do so via an information and communications network.  
(2)  The notification or service of documents via an information and communications network 
under paragraph (1) shall be as valid as notificatio n or service in writing.  
(3)  The notification or service of a document under paragraph (1) shall be deemed made as the 
contents recorded in the file stored in the electronic information processing system used by the 
Korean Intellectual Property Office or the Korean Intellectual Property Trial and Appeal Board for 
forwarding documents at the time the person to whom such notification or service is addressed 
accesses the document via the electronic information processing system used by the person.  
(4)  Matter s necessary for the kinds and methods of notification and service via an electronic 
information and communications system under paragraph (1) shall be prescribed by Ordinance of 
the Ministry of Trade, Industry and Energy.  
[This Article Wholly Amended by Ac t No. 12753, Jun. 11, 2014]  
 
CHAPTER II REQUIREMENTS FOR PATENT REGISTRATION AND PATENT 
APPLICATIONS  
 
Article 29 (Requirements for Patent Registration)   (1)  An invention having industrial 
applicability, other than the following, is patentable:  
1.  An inv ention publicly known or executed in the Republic of Korea or in a foreign country prior 
to the filing of a patent application;  
2.  An invention published in a publication distributed in the Republic of Korea or in a foreign 
country or an invention disclos ed to the public via telecommunications lines prior to the filing of 
a patent application.  
(2)  Notwithstanding paragraph (1), an invention easily creatable by a person with ordinary 
knowledge in the technical field of the invention, on the basis of the in vention referred to in any 
subparagraph of paragraph (1), prior to the filing of a patent application, shall not be patentable.  
(3)  Notwithstanding paragraph (1), an invention shall not be patentable, if the invention for 
which a patent application is fil ed is identical to an invention described in the specification or 
drawings initially accompanying a separate patent application that meets all the following 
requirements: Provided, That the foregoing shall not apply where the inventor of the patent 
applica tion at issue and the inventor of another patent are the same person, or where the 
applicant who has filed the patent application at issue and the applicant for a separate patent 
application are the same person:   
 1.  The patent application had been filed be fore the filing date of the patent application at issue;  
2.  The patent application has been laid open under Article 64 or the patent has been registered 
and published under Article 87 (3) after the patent application at issue was filed.  
(4)  Notwithstandi ng paragraph (1), an invention shall not be patentable, if the invention for 
which a patent application is filed is identical to a design described in the specification or 
drawings initially accompanying an application for registration of a utility model t hat meets all the 
following requirements: Provided, That the foregoing shall not apply where the inventor of the 
patent application at issue and the designer of the utility model for which an application is filed to 
register are the same person, or where t he applicant who has filed the patent application at issue 
and the applicant for registration of a utility model are the same person:  
1.  The application for registration of a utility model has been filed before the filing date of the 
patent application at  issue;  
2.  The application for registration of a utility model has been laid open under Article 64 of this 
Act, which shall apply mutatis mutandis pursuant to Article 15 of the Utility Model Act, or the 
utility model has been registered and published unde r Article 21 (3) of the Utility Model Act.  
(5)  For the purposes of paragraph (3), if a separate patent application is an international patent 
application defined in Article 199 (2) (including an international application deemed a patent 
application under Article 214 (4)), "specification or drawings initially accompanying a separate 
patent application" in the main sentence of paragraph (3) shall be construed as "specification, 
claims, or drawings submitted by the international application date," and "laid o pen" in 
subparagraph 2 of the aforesaid paragraph as "laid open or published internationally under 
Article 21 of the Patent Cooperation Treaty", respectively.  
(6)  For the purposes of paragraph (4), if an application for registration of a utility model is an 
international application for registration of a utility model under Article 34 (2) of the Utility Model 
Act (including an international application deemed an application for registration of a utility 
model under Article 40 (4) of the aforesaid Act), "sp ecification or drawings initially accompanying 
an application" in the main sentence of paragraph (4) shall be construed as "specification, claims, 
or drawings of a design submitted by the international application date," and "laid open" in 
subparagraph 2 o f the aforesaid paragraph as “laid open or published internationally under 
Article 21 of the Patent Cooperation Treaty”, respectively.  
(7)  For the purposes of paragraph (3) or (4), no international patent application deemed 
withdrawn under Article 201 (4)  or an application for registration of a utility model deemed 
withdrawn under Article 35 (4) of the Utility Model Act shall be deemed either a separate patent 
application or another application for registration of a utility model.  
[This Article Wholly Amen ded by Act No. 12753, Jun. 11, 2014]  
  
 Article 30 (Inventions Not Deemed to be Publicly Known, etc.)   (1)  If any of the following 
applies to a patentable invention, but a patent application is filed within 12 months from the 
relevant date, the invention shall not be deemed to fall under any subparagraph of Article 29 (1), 
for the purposes of Article 29 (1) or (2):  
1.  When a person entitled to a patent has caused his/her invention to fall under any 
subparagraph of Article 29 (1): Provided, That this shall not apply where the relevant 
application has been laid open, or the patent has been registered and published, in the Republic 
of Korea or in any foreign country under a treaty or an Act;  
2.  When the invention falls under any subparagraph of Article 29 (1) contrary to the will of the 
person entitled to a patent.  
(2)  A person who seeks to claim entitlement under paragraph (1) 1 shall file a patent application 
to that effect and submit docu ments evidencing the relevant facts to the Commissioner of the 
Korean Intellectual Property Office within 30 days from the filing date of the patent application in 
the manner prescribed by Ordinance of the Ministry of Trade, Industry and Energy.  
(3)  Notwi thstanding paragraph (2), if the amendment fee prescribed by Ordinance of the 
Ministry of Trade, Industry and Energy has been paid, documents stating the willingness to 
become entitled to the application of paragraph (1) 1 or documents evidencing such will ingness 
may be submitted during the period set in either of the following subparagraphs: <Newly Inserted 
by Act No. 13096, Jan. 28, 2015>  
1.  The period during which amendment is permitted under Article 47 (1);  
2.  A period of not more than three months fr om the date when the certified copy of a written 
decision to grant a patent under Article 66 or the certified copy of a written judgment to revoke 
the decision to reject a patent application under Article 176 (1) (limited to a judgment made to 
register a p atent but including a judgment on a retrial) is served: Provided, That the period shall 
end on the day when it is intended to have the grant of a patent registered under Article 79, if 
the period up to such day is less than three months.  
[This Article Whol ly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 31 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 32 (Unpatentable Inventions) Notwithstanding Article 29 (1), no invention that violates 
public order or sound morals or is likely to harm public health  is patentable.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
  
 Article 33 (Persons Entitled to Patent)   (1)  A person who makes an invention or his/her 
successor shall be entitled to a patent under this Act: Provided, That no employee of t he Korean 
Intellectual Property Office or the Korean Intellectual Property Trial and Appeal Board is entitled 
to a patent while in service, except by inheritance or bequest.   
(2)  If at least two persons jointly make an invention, they are jointly entitle d to a patent thereon.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 34 (Patent Applications Filed by Unentitled Persons and Protection of Legitimate 
Right -Holders)  
If a patent application filed by a person who is not an inventor n or a successor to an entitlement to 
a patent (hereinafter referred to as "unentitled person") falls under subparagraph 2 of Article 62 
on the ground that the person has no entitlement to a patent under the main sentence of Article 33 
(1) and no patent is g ranted to such person, the patent application filed by a legitimate 
right -holder subsequent to the patent application filed by the unentitled person shall be deemed 
filed on the date of filing of the patent application by the unentitled person: Provided, T hat the 
foregoing shall not apply where the legitimate right -holder files a patent application 30 days after 
the date when the patent application filed by the unentitled person is rejected.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 35 (Patents Granted to Unentitled Persons and Protection of Legitimate 
Right -Holders)  
If a trial ruling invalidating a patent becomes final and conclusive on the ground of the lack of the 
entitlement to the patent under the main sentence of Article 33 (1) as provided for in Article 133 
(1) 2, the patent application filed by the legitimate r ight -holder subsequent to the patent 
application filed by the unentitled person shall be deemed filed at the time the application for the 
invalidated patent is filed: Provided, That the foregoing shall not apply where the legitimate 
right -holder files a pa tent application two years after the date when the patent is registered and 
published, or 30 days after the date the trial ruling becomes final and conclusive.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 36 (First -to-File Rule)   (1)  Where at least two patent applications for an identical 
invention are filed on different dates, only the applicant of the application having the earlier filing 
date is entitled to a patent on the invention.  
(2)  Where at least two patent applications  for an identical invention are filed on the same date,  
 only the person agreed upon by all patent applicants may obtain a patent on the invention: 
Provided, That if patent applicants fail to, or are unable to, reach agreement, none of the patent 
applicants  is entitled to a patent on the invention.  
(3)  Where an invention for which a patent application is filed, and a design for which an 
application for registration of a utility model is filed are identical, paragraph (1) shall apply 
mutatis mutandis if the applications are filed on different dates, but paragraph (2) shall apply 
mutatis mutandis if they are filed on the same date.  
(4)  In either of the following cases, a patent application or application for registration of a utility 
model shall be deemed nev er filed for the purposes of paragraphs (1) through (3): Provided, That 
the foregoing shall not apply where a decision or trial ruling to reject the patent application or 
application for registration of a utility model as the proviso to paragraph (2) appli es (including 
cases to which the aforesaid proviso shall apply mutatis mutandis pursuant to paragraph (3)) 
becomes final and conclusive:  
1.  If the patent application or application for registration of a utility model is abandoned, 
invalidated, or withdraw n; 
2.  If a decision or trial ruling to reject the patent application or application for registration of a 
utility model becomes final and conclusive.  
(5)  For the purposes of paragraphs (1) through (3), a patent application or application for 
registration  of a utility model filed by a person who is not an inventor, designer, nor the successor 
to an entitlement to the patent or the registration of the utility model shall be deemed to have 
never been filed.  
(6)  In cases falling under paragraph (2), the Comm issioner of the Korean Intellectual Property 
Office shall order the applicants to report the results of the agreement within a specified period, 
and the applicants shall be deemed to fail to reach agreement under paragraph (2), if no report is 
submitted wi thin the period.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 37 (Transfer, etc. of Entitlement to Patent)   (1)  An entitlement to a patent may be 
transferable.  
(2)  An entitlement to a patent shall not be pledged.  
(3)  If an ent itlement to a patent is jointly held by at least two persons, a joint patent holder may 
transfer his/her share with the consent of each of joint patent holder.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 38 (Succession to Entitle ment to Patent)   (1)  The successor to an entitlement to a  
 patent for which no patent application has been filed shall have no valid claim or defense against a 
third party, unless the successor files a patent application.  
(2)  If at least two persons succ eed to an entitlement to an identical patent from the same person, 
and if at least two applications for the patent are filed on the same date, the succession to the 
entitlement to the patent shall be effective only for the person agreed upon by each patent  
applicant.  
(3)  If at least two persons succeed to an entitlement to a patent or the registration of a utility 
model on an identical invention or design from the same person, and if at least two applications 
for the patent or for registration of the utili ty model are filed on the same date, the succession 
shall be effective only for the person agreed upon by each applicant for the patent or for 
registration of the utility model.  
(4)  No succession to an entitlement to a patent for which a patent applicatio n has been filed 
shall be effective, unless a report on amendment of the patent applicant is filed, except for 
succession by inheritance or other universal succession.  
(5)  The successor to an entitlement to a patent by inheritance or other universal succe ssion 
shall notify the Commissioner of the Korean Intellectual Property Office of the succession without 
delay.  
(6)  If at least two persons succeed to an entitlement to an identical patent from the same person, 
and if at least two reports on amendment of the patent applicant are filed on the same date 
regarding such entitlement, the report shall be effective only for the person agreed upon by each 
person who has filed the reports.  
(7) Article 36 (6) shall apply mutatis mutandis to cases falling under paragraphs (2), (3), and (6).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 39 Deleted. <by Act No. 7869, Mar. 3, 2006>  
 
Article 40 Deleted. <by Act No. 7869, Mar. 3, 2006>  
 
Article 41 (Inventions, etc. Necessary for National Defense)   (1)  The Government may 
prohibit filing a patent application with a foreign patent office or may order an inventor, applicant, 
or agent to keep confidential an invention for which a pa tent application has been filed, if 
necessary for national defense: Provided, That a patent application may be filed in a foreign 
country with prior permission from the Government therefor.   
 (2)  The Government may refuse to grant a patent, if an invention  for which a patent application 
has been filed is necessary for national defense and may expropriate the entitlement to a patent 
for national defense during a war, an incident, or any similar emergency.  
(3)  The Government shall pay reasonable compensation for losses incurred due to prohibition 
against filing a patent application in a foreign country, or classification of a patent application as 
confidential under paragraph (1).  
(4)  The Government shall pay reasonable compensation if it refuses to grant a patent or 
expropriates the entitlement to a patent under paragraph (2).  
(5)  If a person violates an order prohibiting filing a patent application in a foreign country or 
keeping a patent application con fidential under paragraph (1), the person shall be deemed to 
relinquish his/her entitlement to a patent on the relevant invention.  
(6)  If a person violates an order prohibiting filing a patent application in a foreign country or 
keeping a patent applicati on as confidential under paragraph (1), the person shall be deemed to 
relinquish his/her entitlement to claim for compensation for losses incurred due to prohibition 
against filing the patent application in a foreign country, or classification of the paten t application 
as confidential.  
(7)  Procedures for prohibiting filing a patent application in a foreign country, or for classifying a 
patent application as confidential under paragraph (1), procedures for expropriation and the 
payment of compensation there for under paragraphs (2) through (4), and other necessary 
matters shall be prescribed by Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 42 (Patent Applications)   (1)  A person who intends to obtain a patent shal l file a patent 
application stating the following information with the Commissioner of the Korean Intellectual 
Property Office: <Amended by Act No. 12753, Jun. 11, 2014>   
1.  The name and domicile of the patent applicant (if the applicant is a corporation , its name and 
place of business);  
2.  The name and the domicile or place of business of an agent, if the patent applicant is 
represented by an agent (if the agent is a patent firm or limited -liability patent firm, its name 
and place of business, and the n ame of the patent attorney designated for the case);  
3.  The title of the invention;  
4.  The name and domicile of the inventor.  
(2)  A patent application filed under paragraph (1) shall be accompanied by a specification 
containing the description of the in vention and the claims, necessary drawings, and an abstract. 
<Amended by Act No. 12753, Jun. 11, 2014>   
 (3)  A description of an invention under paragraph (2) shall satisfy all of the following 
requirements: <Amended by Act No. 12753, Jun. 11, 2014>  
1.  To clearly detail the invention in such manner that any person with ordinary knowledge in the 
technical field of the relevant invention can easily execute the invention;  
2.  To state the technology used for the invention.  
(4)  Claims referred to in paragraph (2) shall state at least a claim to be protected (hereinafter 
referred to as "claim"), and each claim shall satisfy all of the following requirements: <Amended 
by Act No. 12753, Jun. 11, 2014>  
1.  The invention shall be supported by the description;  
2.  The invention shall be clearly and concisely described.  
(5)  Deleted. <by Act No. 12753, Jun. 11, 2014>  
(6)  Claims referred to in paragraph (2) shall state the structur es, methods, functions, and 
materials, or combinations thereof deemed necessary for identifying the invention in order to 
clarify the claims to be protected. <Amended by Act No. 12753, Jun. 11, 2014>  
(7)  Deleted. <by Act No. 12753, Jun. 11, 2014>  
(8)  Mat ters necessary for the methods of stating the claims under paragraph (2) shall be 
prescribed by Presidential Decree. <Amended by Act No. 12753, Jun. 11, 2014>  
(9)  Matters necessary for the methods of making the description, drawings, and an abstract of 
an invention under paragraph (2) shall be prescribed by Ordinance of the Ministry of Trade, 
Industry and Energy. <Amended by Act No. 12753, Jun. 11, 2014>  
 
Article 42 -2 (Filing Date of Patent Application, etc.)   (1)  The date when a patent application, 
accom panied by a specification and necessary drawings, is submitted to the Commissioner of the 
Korean Intellectual Property Office shall be deemed the filing date of the patent application. In 
such cases, the claims may be omitted in the specification, but the description of the invention 
must be stated in the specification.  
(2)  If a patent applicant fails to state the claims in the specification initially accompanying a 
patent application under the latter part of paragraph (1), he/she shall make an amendment to 
state the claims in the specification by not later than one year and two months from the date 
specified in any subparagraph of Article 64 (1), whichever is relevant: Provided, That upon receipt 
of a request for examination of the application under Artic le 60 (3), the applicant shall make an 
amendment by not later than three months from the date when notice is served, or one year and 
two months from the date specified in any subparagraph of Article 64 (1), whichever comes 
earlier.  
(3)  If a patent applica nt fails to make an amendment under paragraph (2), the applicant shall be  
 deemed to voluntarily withdraw the patent application on the date immediately following the 
expiration of the period specified in paragraph (2).  
[This Article Newly Inserted by Act N o. 12753, Jun. 11, 2014]  
 
Article 42 -3 (Patent Applications in Foreign Language, etc.)   (1)  If a patent applicant states 
his/her intention, in the patent application, to describe the specification and drawings (limited to 
captions in drawings; the same sh all apply hereafter in paragraphs (2) and (5)) in a language 
specified by Ordinance of the Ministry of Trade, Industry and Energy, other than Korean language, 
he/she may use the language.  
(2)  If the specification and drawings initially accompanying a pat ent application are written and 
prepared in a language provided for in paragraph (1) (hereinafter referred to as "patent 
application in a foreign language"), the patent applicant shall submit a Korean translation of the 
specification and drawings in the ma nner specified by Ordinance of the Ministry of Trade, 
Industry and Energy by not later than one year and two months from the date specified in any 
subparagraph of Article 64 (1), whichever is relevant: Provided, That upon receipt of a request for 
examinati on of the application under Article 60 (3), the applicant shall submit a Korean 
translation by not later than three months from the date when notice is served, or one year and 
two months from the date specified in any subparagraph of Article 64 (1), whiche ver comes 
earlier.  
(3)  A patent applicant who has submitted a Korean translation under paragraph (2) may submit 
another Korean translation in replacement of the former Korean translation by not later than the 
expiration of the period specified in paragrap h (2): Provided, That the foregoing shall not apply in 
the following cases:  
1.  Where the patent applicant has amended the specification or a drawing (excluding an 
amendment deemed made under paragraph (5));  
2.  Where the patent applicant has filed a reque st for examination of the application.  
(4)  If a patent applicant fails to submit a Korean translation of the specification under paragraph 
(2), the applicant shall be deemed to voluntarily withdraw the patent application on the date 
following the expirati on of the period specified in paragraph (2).  
(5)  If a patent applicant submits a Korean translation under paragraph (2) or another Korean 
translation under the main sentence of paragraph (3), the specification and drawings 
accompanying the initial patent application in a foreign language shall be deemed amended 
according to the Korean translation: Provided, That if another Korean translation is submitted 
under the main sentence of paragraph (3), all amendments that shall otherwise be deemed 
amended accordi ng to Korean translations submitted prior to the latest Korean translation  
 (hereafter referred to as "final Korean translation" in this Article and the latter part of Article 47 
(2)) shall be deemed never made.  
(6)  A patent applicant may correct any error  in the final Korean translation in the manner 
prescribed by Ordinance of the Ministry of Trade, Industry and Energy during the period set for 
amendments under Article 47 (1). In such cases, paragraph (5) shall not apply to the corrected 
Korean translation . 
[This Article Newly Inserted by Act No. 12753, Jun. 11, 2014]  
 
Article 43 (Abstract)  
An abstract referred to in Article 42 (2) shall be used only for technical information, and shall not 
define the scope of the invention for which protection is sought.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 44 (Joint Applica tions)  
Where the entitlement to a patent is jointly held by at least two persons, all entitled persons shall 
jointly file a patent application.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 45 (Scope of Single Patent Application)   (1)  A patent application shall be filed for each 
invention: Provided, That a patent application may be filed for a group of inventions linked so as 
to form a single general inventive concept.  
(2)  The requirements for filing a patent application for a group of inventions under the proviso 
to paragraph (1) shall be prescribed by Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 46 (Procedural Amendments)  
The Commissioner of the Korean Intellectual Property Office or the P resident of the Korean 
Intellectual Property Trial and Appeal Board shall order a relevant person to amend a 
patent -related procedure within a specified period if any of the following applies. Upon receipt of 
such order, the person may submit a written sta tement on the order to the Commissioner of the 
Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and 
Appeal Board during the period:  
1.  Where the person violates Article 3 (1) or 6;  
2.  Where the person violate s any formality specified in this Act or any order issued thereunder;   
 3.  Where the person fails to pay any fee required under Article 82.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 47 (Amendments to Patent Applications)   (1)  A  patent applicant may amend the 
specification or any drawing accompanying his/her patent application before a certified copy of a 
decision to grant a patent under Article 66 is served: Provided, That the patent applicant may 
make an amendment only during t he following applicable period (referring to the time in cases 
falling under subparagraph 3), if he/she has already received notice of the ground for rejection 
under Article 63 (1) (hereinafter referred to as "notice of the ground for rejection"):   
1.  Wh ere he/she has first received notice of the ground for rejection (excluding notice of the 
ground for rejection regarding the ground for rejection which has arisen in connection with the 
amendment made following any earlier notice of the ground for rejectio n) or notice of the 
ground for rejection that does not constitute notice of the ground for rejection under 
subparagraph 2: The period set for submitting a written statement in the notice of the ground 
for rejection;  
2.  Where he/she has received notice of the ground for rejection regarding the ground for 
rejection which has arisen in connection with the amendment made following any earlier notice 
of the ground for rejection: The period set for submitting a written statement in the notice of the 
ground for r ejection;  
3.  Where he/she files a request for re -examination under Article 67 -2: The time the request is 
filed.  
(2)  An amendment to the specification or drawings under paragraph (1) shall be made within 
the scope of the features described in the specification or drawings accompanying the initial 
patent application. An amendment to a patent application in a foreign language shall be made also 
within the scope of the features described in the final Korean translation (referring to the 
corrected Korean translation, if a correction is made under the former part of Article 42 -3 (6)) or 
in the drawings (excluding captions  in the drawings) accompanying the initial patent application.  
(3)  An amendment to the claims, among amendments made under paragraph (1) 2 and 3, may 
be made only in the following cases:  
1.  Where the claims is reduced by limiting, deleting, or adding cla ims;  
2.  Where any clerical error is rectified;  
3.  Where any ambiguous description is clarified;  
4.  Where an amendment is made regarding an earlier amendment that exceeds the claims under 
paragraph (2) to reinstate the claims prior to the amendment, or t o reinstate the claims prior to 
the amendment and to simultaneously amend the claims under subparagraphs 1 through 3.   
 (4)  Where a patent application is amended during the period specified in paragraph (1) 1 or 2, 
all amendments made at each stage of amend ment prior to the final amendment shall be deemed 
voluntarily withdrawn.  
(5)  Notwithstanding the main sentence of paragraph (1), the specification or drawings of a 
patent application in a foreign language may be amended only where a Korean translation has  
been submitted under Article 42 -3 (2).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 48 Deleted. <by Act No. 6411, Feb. 3, 2001>  
 
Article 49 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 50 Deleted. <by Act No. 5329, Apr. 10, 1997>  
 
Article 51 (Rejection of Amendments)   (1)  If an examiner finds that an amendment made 
under Article 47 (1) 2 or 3 violates paragraph (2) or (3) of the same Article, or that another 
ground for rejection arises due to such amendment (excluding an ame ndment to delete a claim 
among amendments made under paragraph (3) 1 or 4 of the same Article), he/she shall determine 
to reject the amendment: Provided, That the foregoing shall not apply where an amendment made 
before filing a request for re -examination under Article 67 -2.   
(2)  A determination to reject an amendment under paragraph (1) shall be made in writing, 
stating the grounds therefor.  
(3)  No appeal shall be permitted against a determination to reject an amendment under 
paragraph (1): Provided, Th at the foregoing shall not apply where a determination to reject an 
amendment (excluding a determination to reject an amendment prior to filing a request for 
re-examination under Article 67 -2) is contested in a trial on the ruling to reject the claim of a 
patent under Article 132 -3. 
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 52 (Divisional Patent Applications)   (1)  An applicant who has filed a single patent 
application for two or more inventions may divide the application into t wo or more applications 
within the scope of the features described in the specification or drawings accompanying the  
 initial patent application, within either of the following periods: Provided, That if such patent 
application has been filed in a foreign l anguage, it may be divided only where the patent 
application has been accompanied by the Korean translation required under Article 42 -3 (2): 
<Amended by Act No. 13096, Jan. 28, 2015>  
1.  A period during which amendments can be made under Article 47 (1);  
2.  A period not exceeding 30 days from the date when a certified copy of the ruling to reject the 
claim of a patent is served (referring to an extension, if the period specified in Article 132 -3 has 
been extended under Article 15 (1));  
3.  A period of not more than three months from the date when the certified copy of a written 
decision to grant a patent under Article 66 or the certified copy of a written judgment to revoke 
the decision to reject a patent application under Article 176 (1 ) (limited to a judgment made to 
register a patent but including a judgment on a retrial) is served: Provided, That the period shall 
end on the day when it is intended to have the grant of a patent registered under Article 79, if 
the period up to such day is less than three months.  
(2)  A patent application divided under paragraph (1) (hereinafter referred to as "divisional 
application") shall be deemed filed at the time the initial patent application was filed: Provided, 
That a divisional application shall  be deemed filed at the time the divisional application is filed in 
any of the following cases:  
1.  Where the divisional application constitutes a separate patent application referred to in 
Article 29 (3) of this Act or a patent application referred to in Article 4 (4) of the Utility Model 
Act, and Article 29 (3) of this Act or Article 4 (4) of the Utility Model Act shall apply to the 
divisional application;  
2.  Where Article 30 (2) applies to the divisional application;  
3.  Where Article 54 (3) applies to the divisional application;  
4.  Where Article 55 (2) applies to the divisional application.  
(3)  A person who intends to file a divisional application under paragraph (1) shall state his/her 
intention and indicate the patent application to be divided in th e divisional patent applications.  
(4)  A person who claims priority under Article 54 for a divis ional application may submit the 
documents specified in paragraph (4) of the aforesaid Article to the Commissioner of the Korean 
Intellectual Property Office within three months from the filing date of the divisional application, 
even after the expiration of the period specified in paragraph (5) of the aforesaid Article.  
(5)  If a divisional application is filed in a foreign language, the patent applicant can submit a 
Korean translation under Article 42 -3 (2) or another Korean translation referred to in the  main 
sentence of Article 42 -3 (3) by not later than 30 days from the filing date of the divisional 
application, even after the expiration of the period specified in paragraph (2) of the aforesaid 
Article: Provided, That another Korean translation is not a llowed in cases specified in any  
 subparagraph of Article 42 -3 (3).  
(6)  If a divisional application has been filed regarding a patent application filed without stating 
the claims in the specification accompanying the initial patent application, the patent applicant 
may make an amendment to state the claims in the specification by not later than 30 days from the 
filing date of the divisional application, even after the expiration of the period specified in Article 
42-2 (2).  
[This Article Wholly Amended by Ac t No. 12753, Jun. 11, 2014]  
 
Article 53 (Conversion of Applications)   (1)  An applicant for registration of a utility model may 
convert the application for registration of the utility model into a patent application within the 
scope of the features describ ed in the specification or drawings accompanying the initial 
application for registration of the utility model: Provided, That the foregoing shall not apply in the 
following cases: <Amended by Act No. 12753, Jun. 11, 2014>   
1.  Where 30 days (referring to  an extension, if the period specified in Article 132 -3 has been 
extended under Article 15 (1), which shall apply mutatis mutandis pursuant to Article 3 of the 
Utility Model Act) have passed since the date when a certified copy of the initial ruling to rej ect 
the application to register the utility model was served;  
2.  Where the application for registration of the utility model has been filed in a foreign language 
under Article 8 -3 (2) of the Utility Model Act, and its Korean translation required under the  
aforesaid paragraph has not be submitted along with the application filed for conversion.  
(2)  An application converted into a patent application under paragraph (1) (hereinafter referred 
to as "converted application") shall be deemed filed at the time th e application for registration of 
the utility model was filed: Provided, That the foregoing shall not apply in the following cases: 
<Amended by Act No. 12753, Jun. 11, 2014>  
1.  Where Article 29 (3) of this Act or Article 4 (4) of the Utility Model Act app lies to the 
converted application as it constitutes a separate patent application referred to in Article 29 (3) 
of this Act, or a patent application under Article 4 (4) of the Utility Model Act;  
2.  Where Article 30 (2) applies to the converted application ; 
3.  Where Article 54 (3) applies to the converted application;  
4.  Where Article 55 (2) applies to the converted application.  
(3)  A person who intends to file a converted application under paragraph (1) shall state his/her 
intention and indicate the app lication for registration of the utility model to be converted in the 
patent application. <Amended by Act No. 12753, Jun. 11, 2014>  
(4)  When a converted application is filed, the application for registration of the utility model 
shall be deemed withdrawn.  <Amended by Act No. 12753, Jun. 11, 2014>   
 (5)  Deleted. <by Act No. 12753, Jun. 11, 2014>  
(6)  A person who claims priority under Article 54 for a converted application may submit the 
documents specified in paragraph (4) of the aforesaid Article to the Co mmissioner of the Korean 
Intellectual Property Office within three months from the filing date of the converted application, 
even after the expiration of the period specified in paragraph (5) of the aforesaid Article. 
<Amended by Act No. 11654, Mar. 22, 20 13>  
(7)  If a converted application is filed in a foreign language, the patent applicant can submit its 
Korean translation under Article 42 -3 (2) or another Korean translation referred in the main 
sentence of Article 42 -3 (3) by not later than 30 days from the  filing date of the converted 
application, even after the expiration of the period specified in paragraph (2) of the aforesaid 
Article: Provided, That another Korean translation is not allowed in cases specified in any 
subparagraph of Article 42 -3 (3). <Ne wly Inserted by Act No. 12753, Jun. 11, 2014>  
(8)  If a converted application has been filed regarding a patent application filed without stating 
the claims in the specification accompanying the initial converted application, the patent applicant 
may make an amendment to state the claims in the specification by not later than 30 days from the 
filing date of the converted application, even after the expiration of the period specified in Article 
42-2 (2). <Newly Inserted by Act No. 12753, Jun. 11, 2014>  
[This  Article Wholly Amended by Act No. 7871, Mar. 3, 2006]  
 
Article 54 (Priority Claims Under Treaty)   (1)  Where any of the following applies under a 
treaty, the filing date of a patent application in the relevant foreign country shall be deemed the 
filing da te of the patent application in the Republic of Korea for purposes of Article 29 or 36:  
1.  Where a citizen of a foreign country that recognizes the priority of citizens of the Republic of 
Korea for a patent application files a patent application for an i nvention after filing a patent 
application in the foreign country or in another foreign country for the same invention and 
claims priority;  
2.  Where a citizen of the Republic of Korea files a patent application in the Republic of Korea 
after filing a pate nt application for the same invention in a foreign country that recognizes the 
priority of citizens of the Republic of Korea for a patent application and claims priority.  
(2)  No person who intends to claim priority under paragraph (1) shall claim priority , unless 
he/she files a patent application within one year from the filing date of the initial application on 
which the priority claim is based.  
(3)  A person who intends to claim priority under paragraph (1) shall state his/her intention, the 
name of the country in which the application was initially filed, and the filing date of the 
application in the patent application that he/she files in the Republic of Korea.   
 (4)  A person who claims priority under paragraph (3) shall submit the documents specified in  
subparagraph 1 or the written statement specified in subparagraph 2 to the Commissioner of the 
Korean Intellectual Property Office: Provided, That the written statement specified in 
subparagraph 2 may be submitted only if the relevant foreign country is o ne of the countries 
specified by Ordinance of the Ministry of Trade, Industry and Energy:  
1.  A written statement with the filing date of the patent application initially filed with the 
government of the foreign country, certified copies of the specificati on and drawings of the 
relevant invention, which have been certified by the government of the foreign country;  
2.  A written statement with the file number of the patent application initially filed in the foreign 
country, the information with which the fil ed application can be verified, and other matters 
specified by Ordinance of the Ministry of Trade, Industry and Energy.  
(5)  Documents or written statements referred to in paragraph (4) shall be submitted within one 
year and four months from the earliest a mong the following dates:  
1.  The initial filing date of the application in a country that is a party to a treaty;  
2.  The filing date of the application on which the priority claim is based, where a patent 
application contains a priority claim under Artic le 55 (1);  
3.  The filing date of the application on which the priority claim is based, where a patent 
application contains a priority claim under paragraph (3).  
(6)  If a person who claims priority under paragraph (3) fails to submit the documents require d 
under paragraph (4) within the period specified in paragraph (5), the priority claim shall become 
void.  
(7)  A person who claims priority under paragraph (1) and meets the requirements under 
paragraph (2) may amend or add a priority claim within one year  and four months from the 
earliest date specified in paragraph (5).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 55 (Priority Claims Based on Patent Applications, etc.)   (1)  A person who intends to 
obtain a patent may claim prior ity on the invention described in the specification or drawings 
initially accompanying a separate application filed earlier (hereinafter referred to as "earlier 
application") for a patent or for registration of a utility model, on which he/she is entitled to the 
patent or registration of a utility model: Provided, That the foregoing shall not apply in the 
following cases:   
1.  Where the relevant patent application is filed one year after the filing date of the earlier 
application;  
2.  Where the earlier app lication is a divisional application defined under Article 52 (2)  
 (including cases to which the aforesaid provisions apply mutatis mutandis pursuant to Article 
11 of the Utility Model Act) or a converted application defined under Article 53 (2) of this Act  or 
Article 10 (2) of the Utility Model Act;  
3.  Where the earlier application has been abandoned, invalidated, or withdrawn at the time the 
relevant patent application is filed;  
4.  Where a trial ruling on whether to grant or refuse a patent for the earlier application or on 
whether to accept or refuse the earlier application for registration of a utility model becomes 
final and conclusive before the relevant patent application is  filed.  
(2)  A person who intends to claim priority under paragraph (1) shall state his/her intention and 
indicate the earlier application in the patent application subsequently filed.  
(3)  In applying Article 29 (1) and (2), the main bodies of Article 29 (3) and (4), Articles 30 (1), 
36 (1) through (3), 96 (1) 3, 98, 103, 105 (1) and (2), 129, and 136 (4) of this Act (including cases 
to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 133 -2 (4)), 
Articles 7 (3) and (4) and 25  of the Utility Model Act, and Articles 95 and 103 (3) of the Design 
Protection Act to the same invention as described in the specification or drawings initially 
accompanying the earlier application claiming the relevant priority, among inventions describe d 
in a patent application claiming priority under paragraph (1), the patent application filed 
subsequently shall be deemed to have been filed at the time the earlier application was filed.  
(4)  The main sentence of Article 29 (3) or (4) of this Act or the main sentence of Article 4 (3) or 
(4) of the Utility Model Act shall apply to an invention identical to the invention described in the 
specification or drawings initially accompanying the earlier application claiming the relevant 
priority, among inventions  described in the specification or drawings accompanying the initial 
patent application claiming priority under paragraph (1), deeming that the earlier application 
claiming the priority is laid open at the time the relevant patent application is laid open or the 
patent is registered and published.  
(5)  In either of the following cases, paragraphs (3) and (4 ) shall not apply to an invention 
described in the specification or drawings initially accompanying the earlier application claiming 
priority, among inventions described in the specification or drawings initially accompanying the 
earlier application:  
1.  W here the earlier application contains a priority claim under paragraph (1);  
2.  Where the earlier application contains a priority claim under Article 4 -D (1) of the Paris 
Convention for the Protection of Industrial Property.  
(6)  For the purposes of paragr aph (4), Article 29 (7) shall not apply even where the earlier 
application falls under either of the following:  
1.  Where the earlier application is an international patent application deemed voluntarily 
withdrawn under Article 201 (4);   
 2.  Where the earli er application is an international application for registration of a utility model 
deemed voluntarily withdrawn under Article 35 (4) of the Utility Model Act.  
(7)  A person who meets the requirements under paragraph (1) and claims priority may amend 
or add  the priority claim within one year and four months from the filing date of the earlier 
application (referring to the earliest filing date, if at least two earlier applications have been filed).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 56 (Withdrawal, etc. of Earlier Applications)   (1)  The earlier application claiming 
priority under Article 55 (1) shall be deemed withdrawn at the time one year and three months 
elapse from the filing date of the earlier application: Provided, T hat the foregoing shall not apply 
in any of the following cases:   
1.  Where the earlier application has been abandoned, invalidated, or withdrawn;  
2.  Where a trial ruling on whether to grant or refuse a patent or on whether to accept or refuse 
the regist ration of a utility model has become final and conclusive;  
3.  Where the priority claim based on the earlier application has been withdrawn.  
(2)  No applicant for a patent application claiming priority under Article 55 (1) shall withdraw 
the priority claim  upon expiration of the period of one year and three months from the filing date 
of the earlier application.  
(3)  If a patent application claiming priority under Article 55 (1) is withdrawn within one year 
and three months from the filing date of the earli er application, the priority claim shall be deemed 
withdrawn simultaneously.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
CHAPTER III EXAMINATIONS  
 
Article 57 (Examinations by Examiners)   (1)  The Commissioner of the Korean Intellectual 
Property Office shall authorize examiners to examine patent applications.   
(2)  Ma tters necessary for qualification as examiners shall be prescribed by Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 58 (Designation, etc. of Specialized Agencies)   (1)  If the Commissioner of the Korean 
Intelle ctual Property Office deems it necessary for a patent applicant to file a patent application or 
for examining patent applications (including international investigations and international 
preliminary examinations with regard to international applications),  he/she may designate a 
specialized agency to conduct affairs specified by Presidential Decree, including storing and  
 distribution of microorganisms, searches for prior art, and the issuance of patent classification 
codes.   
(2)  If the Commissioner of the  Korean Intellectual Property Office deems it necessary for 
examining a patent application, he/she may request cooperation or seek advice from a related 
administrative agency, organization specializing in the relevant technical field, or expert having 
abun dant knowledge and experience in patents. In such cases, the Commissioner of the Korean 
Intellectual Property Office may pay them allowances or reimburse them for expenses, within 
budgetary limits.  
(3)  Standards for the designation of specialized agencies , and matters necessary for requesting 
searcher for prior art or issuing patent classification codes under paragraph (1) shall be 
prescribed by Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 58 -2 (Revocation of Designation of Specialized Agencies, etc.)   (1)  If a specialized 
agency under Article 58 (1) falls under subparagraph 1, the Commissioner of the Korean 
Intellectual Property Office shall revoke the designation of the specialized agency, while he/she 
may r evoke the designation of the specialized agency or may order it to completely or partially 
suspend its business operations for a specified period not exceeding six months, if it falls under 
subparagraph 2:  
1.  If the specialized agency has obtained design ation by fraud or other improper means;  
2.  If the specialized agency fails to meet the standards for designation under Article 58 (3).  
(2)  The Commissioner of the Korean Intellectual Property Office shall hold a hearing before 
revoking the designation of  a specialized agency or ordering the suspension of business 
operations under paragraph (1).  
(3)  Detailed guidelines and procedures for the dispositions referred to in paragraph (1), and 
other necessary matters shall be prescribed by Ordinance of the Mini stry of Trade, Industry and 
Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 59 (Requests for Examinations of Patent Applications)   (1)  A patent application shall 
be examined only upon receipt of a request for examination.  
(2)  Any person may file a request for examination of a patent application with the Commissioner 
of the Korean Intellectual Property Office within five years from the filing date of the patent 
application: Provided, That no patent applicant shall file a req uest for examination of the patent 
application in either of the following cases:   
 1.  If the patent applicant fails to state the claims in the specification;  
2.  If the patent applicant fails to submit a Korean translation under Article 42 -3 (2) (limited to  
patent applications filed in a foreign language).  
(3)  A legitimate right -holder who has filed a patent application, divisional application, or 
converted application under Article 34 or 35 may file a request for examination of the application 
within 30 da ys from the filing date of the patent application, divisional application, or converted 
application, even after the expiration of the period specified in paragraph (2).  
(4)  No request for examination of an application shall be withdrawn.  
(5)  If no reques t for examination of an application is filed during the period set for filing a 
request for examination of the application under paragraph (2) or (3), the patent application shall 
be deemed withdrawn.  
[This Article Wholly Amended by Act No. 12753, Jun. 11,  2014]  
 
Article 60 (Procedure for Requesting Examinations)   (1)  A person who intends to request 
examination of an application shall submit a written request for examination of the application to 
the Commissioner of the Korean Intellectual Property Office, stating the following:  
1.  The name and domicile of the requesting person (if the requesting person is a corporation, its 
name and place of business);  
2.  A description of the patent application for which the request for examination is filed.  
(2)  If a request for examination of an application is filed before t he application is laid open, the 
Commissioner of the Korean Intellectual Property Office shall publish relevant facts in the Patent 
Gazette when the application is laid open, whereas he/she shall publish relevant facts in the 
Patent Gazette without delay, if such request is filed after the application is laid open.  
(3)  Upon receipt of an applicatio n for examination of an application from any person other than 
the relevant patent applicant, the Commissioner of the Korean Intellectual Property Office shall 
notify the patent applicant of such facts.  
[This Article Wholly Amended by Act No. 12753, Jun. 1 1, 2014]  
 
Article 61 (Expedited Examinations)  
In either of the following cases, the Commissioner of the Korean Intellectual Property Office may 
instruct an examiner to examine a patent application in preference to other patent applications:  
1.  Where it is  found that any person, other than the patent applicant, is commercially or 
industrially executing the invention claimed in the patent application after it is laid open under 
Article 64;  
2.  Where it is deemed necessary to urgently process a patent applica tion specified by  
 Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 62 (Determinations to Reject Patent Applications)  
An examiner shall determine to reject a patent application if the patent application falls under  any 
of the following grounds for rejection (hereinafter referred to as "grounds for rejection"):  
1.  If an invention is unpatentable under any provision of Articles 25, 29, 32, 36 (1) through (3), 
and 44;  
2.  If the applicant is unentitled to a patent und er the main sentence of Article 33 (1) or is 
unentitled to a patent under the proviso to the aforesaid paragraph;  
3.  If the patent application violates a treaty;  
4.  If the patent application fails to meet any of the requirements prescribed by Article 42 (3), (4), 
or (8) or Article 45;  
5.  If an amendment to the patent application exceeds the scope described in Article 47 (2);  
6.  If the patent application is a divisional application that exceeds the scope described in Article 
52 (1);  
7.  If the patent app lication is a converted application that exceeds the scope described in Article 
53 (1).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 63 (Notice of Grounds for Rejection)   (1)  When an examiner intends to determine to 
reject a patent application under Article 62, he/she shall notify the applicant of the grounds for 
rejection and provide the applicant with an opportunity to submit written arguments within a 
specified period : Provided, That the foregoing shall not apply where an examiner intends to 
determine to reject an amendment under Article 51 (1).   
(2)  When an examiner notifies an applicant of the ground for rejection of a patent application 
containing at least two cla ims in the claims prescribed under the main sentence of paragraph (1), 
he/she shall clearly state the rejected claims in the notice, and specify the grounds for rejection of 
such claims.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Articl e 63 -2 (Provision of Information about Patent Applications)  
Any person may provide the Commissioner of the Korean Intellectual Property Office with 
information that a patent application is ineligible for a patent as it falls under a ground for  
 rejection, a long with evidentiary documents: Provided, That the foregoing shall not apply where 
the patent application fails to meet any of the requirements prescribed under Articles 42 (3) 2 and 
(8) and Article 45.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 64 (Laying -Open of Applications)   (1)  The Commissioner of the Korean Intellectual 
Property Office shall publish a patent application in the Patent Gazette to lay it open, as prescribed 
by Ordinance of the Ministry of Trade, Industry and  Energy, after the lapse of one year and six 
months from the date specified in any of the following, or upon receipt of a request from the 
patent applicant even before the lapse of such period:  
1.  A patent application claiming priority under Article 54 ( 1): The filing date of the application 
claiming the priority;  
2.  A patent application claiming priority under Article 55 (1): The filing date of the earlier 
application;  
3.  A patent application containing at least two priority claims under Article 54 (1)  or 55 (1): The 
earliest date among the filing dates of the applications on which the priority claims are based;  
4.  A patent application that does not fall under any of subparagraphs 1 through 3: The filing date 
of the patent application.  
(2)  Notwithstan ding paragraph (1), no patent application shall be laid open in any of the 
following cases:  
1.  If the applicant fails to state the scope of claims in the specification;  
2.  If the applicant fails to submit a Korean translation under Article 42 -3 (2) (limi ted to patent 
applications in a foreign language);  
3.  If the patent has been registered and published under Article 87 (3).  
(3)  If the invention claimed in a patent application shall be kept confidential under Article 41 (1), 
the patent application shall  not be laid open until the invention is released from confidentiality, 
but shall be laid open under paragraph (1) without delay when the invention is released from 
confidentiality: Provided, That no patent application shall be laid open, if the grant of t he patent 
claimed in the patent application has been registered.  
(4)  Matters that shall be published in the Patent Gazette regarding the laying -open of 
applications under paragraph (1), including the name and domicile of an applicant and the 
application n umber, shall be prescribed by Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 65 (Effects of Laying -Open of Applications)   (1)  After a patent application is laid open,  
 the applicant may give a person who has com mercially or industrially executed the invention 
claimed in the application, a written warning stating that a patent application has been filed for 
the invention.  
(2)  A patent applicant may claim compensation equivalent to an amount to which he/she is 
ordinarily entitled for executing the patented invention, from a person who has commercially or 
industrially executed the invention claimed in the patent application, after receipt of a written 
warning given under paragraph (1), or knowing that the patent ap plication for the invention has 
been laid open under Article 64, for the period from the time of the written warning, or the time 
he/she becomes aware thereof until the time the grant of the patent is registered.  
(3)  The right to claim compensation under paragraph (2) may be exercised only after the grant 
of the patent on the invention claimed in the patent application is registered.  
(4)  The exercise of the right to claim compensa tion under paragraph (2) shall not affect the 
executing of the patent.  
(5) Articles 127, 129, and 132 of this Act and Articles 760 and 766 of the Civil Act shall apply 
mutatis mutandis to the exercise of the right to claim compensation under paragraph (2).  In such 
cases, "date when the injured party or his/her legal representative becomes aware of damage and 
of the identity of the person who has inflicted the damage" in Article 766 (1) of the Civil Act shall 
be construed as "date when the grant of the paten t right is registered."  
(6)  If any of the following applies to a patent application after it has been laid open under Article 
64, the right to claim compensation under paragraph (2) shall be deemed never to have occurred:  
1.  If the patent application is abandoned, invalidated, or withdrawn;  
2.  If a determination to reject the patent application under Article 62 becomes final and 
conclusive;  
3.  If a trial ruling invalidating the relevant patent under Article 133 (excluding cases specified in 
Article 133 (1) 4) becomes final and conclusive.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 66 (Determination to Grant Patent)  
If an examiner finds no ground to reject a patent application, he/she shall determine to grant a 
patent.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 66 -2 (Ex Officio Amendments, etc.)   (1)  If an examiner finds an obvious clerica l error in 
the specification, drawings, or abstract accompanying a patent application, he/she may rectify 
such clerical error ex officio (hereinafter referred to as "ex officio amendment") when deciding to  
 grant a patent thereon under Article 66.  
(2)  Whe n an examiner makes an ex officio amendment under paragraph (1), he/she shall notify 
the patent applicant of the ex officio amendment when serving a certified copy of the decision to 
grant the patent on the patent applicant under Article 67 (2).  
(3)  If a patent applicant will not accept all or some of an ex officio amendment, he/she shall 
submit a written argument thereon to the Commissioner of the Korean Intellectual Property Office 
before paying patent fees under Article 79 (1).  
(4)  If a patent applican t submits a written argument under paragraph (3), all or some of the ex 
officio amendment shall be deemed never to have existed.  
(5)  If an ex officio amendment is made to any matter, other than an obvious clerical error, the ex 
officio amendment shall be deemed never made.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 67 (Formalities for Decision on Patentability)   (1)  A decision to either grant or reject a 
patent application (hereinafter referred to as "decision on patentability" ) shall be made in writing 
stating the grounds therefor.   
(2)  When a decision on patentability is made, the Commissioner of the Korean Intellectual 
Property Office shall serve a certified copy of the decision on the patent applicant.  
[This Article Wholly  Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 67 -2 (Requests for Re -Examinations)   (1)  A patent applicant may file a request to 
re-examine his/her patent application (hereinafter referred to as "re -examination") after 
amending the specification or dr awings of the patent application within 30 days (referring to an 
extension, if the period specified in Article 132 -3 is extended under Article 15 (1)) after receipt of 
a certified copy of the decision to reject the patent application: Provided, That the fo regoing shall 
not apply where a decision to reject the patent application has already been made after 
re-examination or a petition for trial has been filed under Article 132 -3.  
(2)  A patent applicant may submit a written argument when filing a request for re -examination 
under paragraph (1).  
(3)  If a request for re -examination is filed under paragraph (1), the previous decision to reject 
the patent application shall be deemed revoked: Provided, That the foregoing  shall not apply 
where the procedure for filing the request for re -examination becomes invalid under Article 16 
(1).  
(4)  No request for re -examination under paragraph (1) shall be withdrawn.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]   
  
Article 67 -3 (Restoration of Patent Application)   (1)  If it is recognized that a patent 
application has been withdrawn or a decision to refuse a patent has become final and conclusive 
because of the patent applicant’s failure to comply with any of the foll owing time limits due to a 
cause not imputable to the patent applicant, the patent applicant may request the examination or 
re-examination of the patent application within two months from the date when such cause ceases 
to exist: Provided, That this shall not apply where one year has elapsed since such period expired:  
1.  The period during which a request for the examination of a patent application may be filed 
pursuant to Article 59 (2) or (3);  
2.  The period during which a request for the re -examination may be filed pursuant to Article 
67-2 (1).  
(2)  Notwithstanding Article 59 (5), if a request for the examination or re -examination of a patent 
application is filed pursuant to paragraph (1), the patent application shall be deemed not to have 
been withdrawn  or the decision to refuse a patent not to have become final and conclusive.  
[This Article Newly Inserted by Act No. 11654, Mar. 22, 2013]  
 
Article 68 (Application Mutatis Mutandis of Provisions concerning Trials to Examination)  
Subparagraphs 1 through 5 a nd 7 of Article 148 shall apply mutatis mutandis to examination of 
patent applications.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 69 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 70 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 71 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 72 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 73 Deleted. <by Act No. 7871, Mar. 3, 2006>   
  
Article 74 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 75 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 76 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 77 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 78 (Suspension of Examination or Litigation Procedures)   (1)  The examination 
procedure may be suspended unti l a trial ruling becomes final and conclusive or until the relevant 
legal proceedings are complete, if necessary for examining a patent application.  
(2)  If necessary, a court may suspend the legal proceedings until a decision on patentability of a 
patent  application becomes final and conclusive.  
(3)  No appeal may be filed against suspension under paragraph (1) or (2).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 78 -2 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
CHAPTER IV PATENT FE ES, PATENT REGISTRATIONS, ETC.  
 
Article 79 (Patent Fees)   (1)  A person who intends to obtain grant of a patent registered under 
Article 87 (1) shall pay patent fees for three years from the date when he/she intends to obtain 
grant of the patent registered (hereinafter referred to as "registration date of grant "), and a 
patentee shall pay patent annuities each year for subsequent years, based on the anniversary of 
the registration date of grant of the relevant right.   
(2)  Notwithstanding paragraph (1), a patentee may pay patent fees for several or all years in  the 
order of consecutive payment years in lump sum.  
(3)  Patent fees payable under paragraphs (1) and (2), the methods of, and deadline for the 
payment thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of  
 Trade, Industr y and Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 80 (Payment of Patent Fees by Interested Party)   (1)  Any interested party may pay 
patent fees, regardless of the wishes of a person liable to pay the patent fees.  
(2)  A n interested party who has paid patent fees under paragraph (1) may claim the 
reimbursement of the expenses against the person liable to pay the patent fees up to the extent 
that the person liable to pay the patent fees currently gain benefits through the patent.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 81 (Late Payment, etc. of Patent Fees)   (1)  A person who intends to obtain grant of a 
patent registered or a patentee may make late payment of a patent fee within six months upon 
expiration of the period for payment specified in Article 79 (3) (hereinafter referred to as "period 
for late paym ent").   
(2)  In cases of late payment of a patent fee under paragraph (1), an amount specified by 
Ordinance of the Ministry of Trade, Industry and Energy shall be paid, which shall not exceed 
double the amount of the patent fee originally due.  
(3)  If a p erson who intends to obtain grant of a patent registered fails to pay a patent fee 
(referring to where a person fails to pay an under -paid patent fee during the period for payment, if 
the period for late payment has expired, but the period for payment of a n under -paid patent fee 
under Article 81 -2 (2) has not expired), the person shall be deemed to abandon the patent 
application, and the patent granted to the patentee shall be deemed to have expired retroactively 
on the day immediately following the expirat ion of the period for which patent fees were paid 
under Article 79 (1) or (2).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 81 -2 (Payment of Under -Paid Patent Fees)   (1)  If a person who intends to obtain grant 
of a patent registe red or a patentee fails to fully pay a patent fee within the period specified in 
Article 79 (3) or 81 (1), the Commissioner of the Korean Intellectual Property Office shall order 
the person or patentee to pay the under -paid patent fee.   
(2)  Upon receipt of an order issued under paragraph (1), a person may pay an under -paid patent 
fee within one month after receipt of such order (hereinafter referred to as "period for payment of 
under -paid patent fees").  
(3)  A person who shall pay an under -paid patent fee  under paragraph (2) shall pay an amount  
 specified by Ordinance of the Ministry of Trade, Industry and Energy, which shall not exceed 
double the amount of the unpaid patent fee.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 81 -3 (R einstatement, etc. of Patent Applications or Patents by Making Late Payment of 
Patent Fees or Payment of Under -Paid Patent Fees)   (1)  If a person who intends to obtain 
grant of a patent registered or a patentee fails to pay a patent fee during the period for late 
payment or fails to pay an under -paid patent fee during the period for payment of the under -paid 
patent fee, due to a cause not attributable to him/her, the person may pay the patent fee or 
under -paid patent fee within two months from the date whe n the cause ceases to exist: Provided, 
That the foregoing shall not apply if one year has elapsed since the expiration of the period for late 
payment or for payment of the under -paid patent fee, whichever occurs later.   
(2)  Notwithstanding Article 81 (3) , a person who has paid a patent fee or under -paid patent fee 
pursuant to paragraph (1) shall be deemed not to have abandoned the patent application, and the 
patent shall be deemed to survive.  
(3)  If the patent on an invention has expired due to a patente e's failure to pay a patent fee 
during the period for late payment or an under -paid patent fee during the period for payment of 
the under -paid patent fee, the patentee may pay double the patent fee payable under Article 79 
within three months from the expi ration of the period for late payment or the period for payment 
of the under -paid patent fee, and files an application for reinstating the expired right. In such cases, 
the patent shall be deemed to survive.  
(4)  No patent application or patent referred to  in paragraph (2) or (3) shall affect any third 
person's executing of the invention claimed in the patent application or the patented invention 
during the period following the expiration of the period for late payment or the period for 
payment of a deficie ncy until the date the overdue patent fee or deficiency is paid (hereafter 
referred to as "period of limited effect" in this Article).  
(5)  A person who commercially or industrially executes, or prepares to execute, an invention 
claimed in a patent applica tion or a patented invention under paragraph (2) or (3) in good faith in 
the Republic of Korea during a period of limited effect shall have a non -exclusive license over the 
invention claimed in the patent application within the scope of objectives of the p atented 
invention that the person executes or prepares to execute or objectives of the business.  
(6)  A non -exclusive license holder prescribed under paragraph (5) shall pay equitable 
remuneration to the patentee or exclusive licensee.  
(7)  Matters necessa ry for making late payment or payment of an under -paid patent fee under 
the main sentence of paragraph (1) or for filing applications under the former part of paragraph  
 (3) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 82 (Official Fees)   (1)  Each person who initiates a patent -related procedure shall pay 
official fees.  
(2)  If the number of claims is increased by amending the specification accompanying  a patent 
application after a person, other than the applicant, files a request for examination of the 
application, the applicant shall pay the fees payable for the request for examination of the 
increased claims.  
(3)  Official fees referred to in paragrap h (1), the methods of, and deadline for the payment 
thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, 
Industry and Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 83 (Exemption or Reduction of Patent Fees or Official Fees)   (1)  Notwithstanding 
Articles 79 and 82, the Commissioner of the Korean Intellectual Property Office shall exempt the 
payment of following patent fees or official fees:  
1.  Official fees  or patent fees for a patent application or patent that belongs to the State;  
2.  Official fees for a petition for an administrative trial on an examiner's invalidation under 
Article 133 (1), 134 (1) or (2), or 137 (1).  
(2)  Notwithstanding Articles 79 and  82, the Commissioner of the Korean Intellectual Property 
Office may reduce or exempt the payment of the patent fees and official fees specified by 
Ordinance of the Ministry of Trade, Industry and Energy imposed on a recipient of medical 
benefits under the  National Basic Living Security Act or a person specified by Ordinance of the 
Ministry of Trade, Industry and Energy for patent applications or patents granted following patent 
applications, filed by such persons. <Amended by Act No. 14112, Mar. 29, 2016>  
(3)  A person who seeks the benefit of reduction or exemption of patent fees or official fees under 
paragraph (2) shall submit documents specified by Ordinance of the Ministry of Trade, Industry 
and Energy to the Commissioner of the Korean Intellectual Pro perty Office.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 84 (Refunds of Patent Fees, etc.)   (1)  Patent fees or official fees already paid shall be 
refunded only in any of the following cases at the payer’s request: <Amended by Act No. 13317, 
May 18, 2015; Act No. 14112, Mar. 29, 2016>   
 1.  Patent fees or official fees paid erroneously;  
2.  Portions of patent fees for the years subsequent to the year in which a trial ruling invalidating 
the patent becomes final and conclusive;  
3.  Portions of patent fees for the years subsequent to the year in which a trial ruling invalidating 
registration of patent term extension becomes final and conclusive;  
4.  Official fees for filing a patent application or for filing a priority claim for a p atent application, 
out of the official fees already paid where the patent application is voluntarily withdrawn or 
abandoned within one month after filing the patent application (excluding a divisional 
application, amended application, or patent application  for which a request for expedited 
examination has been filed under Article 61);  
5.  Official fees already paid for a request for the examination of a patent application, where the 
patent application is voluntarily withdrawn (including cases where a patent  application is 
deemed to be voluntarily withdrawn under Article 53 (4) or under the main sentence of Article 
56 (1)) or abandoned after a request for the examination of the patent application is filed but 
before any of the following dispositions is made:  
(a)  The order to report the results of agreement under Article 36 (6) (limited to patent 
applications filed by one and the same person);  
(b)  The notice of the results of the search for prior art requested under Article 58 (1);  
(c)  The notice of grounds for rejection under Article 63;  
(d)  Service of the certified copy of a decision to grant a patent under Article 67 (2);  
6.  Portions of patent fees for the years subsequent to the year in which the patent was 
abandoned;  
7.  Offi cial fees for a petition for a trial (referring to official fees for a petition for a retrial in cases 
of a retrial; hereafter the same shall apply in this Article), among the official fees already paid, 
where the ruling rejecting the patent application or  the ruling refusing to register the extended 
term of the patent is revoked pursuant to Article 176 (1) (including the cases where it applies 
mutatis mutandis to the procedure for retrials pursuant to Article 184, but excluding the cases 
where there is an amendment under Article 47 (1) 1 or 2, which shall apply mutatis mutandis 
pursuant to Article 170 (1), in trials or retrials);  
8.  Half the amount of the already paid official fees for a petition for a trial where the petition for 
a trial is dismissed by d etermination pursuant to Article 141 (2) and such determination 
becomes final (including the cases where it applies mutatis mutandis to the procedure for 
retrials pursuant to Article 184);  
9.  Half the amount of the official fees for a petition for an inte rvention, among the official fees 
already paid, where a petition for an intervention pursuant to Article 155 (1) is withdrawn 
before the closing of the trial review is notified (including the cases where it applies mutatis  
 mutandis to the procedure for ret rials pursuant to Article 184);  
10.  Half the amount of the official fees for a petition for an intervention, among the official fees 
already paid, where a petition for an intervention pursuant to Article 155 (1) is rejected by 
determination (including the  cases where it applies mutatis mutandis to the procedure for 
retrials pursuant to Article 184);  
11.  Half the amount of the official fees for a petition for a trial, among the official fees already 
paid, where a petition for a trial is withdrawn before the closing of the trial review is notified 
(including the cases where it applies mutatis mutandis to the procedure for retrials pursuant to 
Article 184).  
(2)  If any subparagraph of paragraph (1) applies to a patent fee or official fee paid, the 
Commissioner of the Korean Intellectual Property Office or the President of the Intellectual 
Property Trial and Appeal Board shall give notice thereof to the relevant payer. <Amended by Act 
No. 14112, Mar. 29, 2016>  
(3)  No claim for refund of a patent fee or official fee referred to in paragraph (1) may be filed 
after three years from the date when a person rec eives notice under paragraph (2).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 85 (Patent Register)   (1)  The Commissioner of the Korean Intellectual Property Office 
shall keep the Patent Register at the Korean Intellectual Proper ty Office and shall enter the 
following matters therein:   
1.  The grant, transfer, expiration, and reinstatement of patents, restrictions on the disposal of 
patents, and the extension of patent terms;  
2.  The grant, preservation, transfer, amendment, and expiration of exclusive or non -exclusive 
licenses and restrictions on the disposal of exclusive or non -exclusive licenses;  
3.  The establishment, transfer, amendment, and expiration of pledge rights on a patent or on an 
exclusive or non -exclusive license a nd restrictions on the disposal of such pledge rights.  
(2)  The Patent Register prescribed in paragraph (1) may be fully or partially stored on 
electronic recording medium, etc.  
(3)  Except as otherwise expressly provided for in paragraphs (1) and (2), mat ters necessary for 
the facts to be registered, procedures for registration, etc. shall be prescribed by Presidential 
Decree.  
(4)  Specifications and drawings of patented inventions, and other documents specified by 
Presidential Decree shall be deemed part of the Patent Register.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
  
 Article 86 (Issuance of Patent Registration Certificates)   (1)  When the grant of a patent is 
registered, the Commissioner of the Korean Intellectual Property Office sha ll issue a patent 
registration certificate to the patentee.  
(2)  If any discrepancy exists between a patent registration certificate and the Patent Register or 
any other document, the Commissioner of the Korean Intellectual Property Office shall recover t he 
certificate, upon request or ex officio, and shall rectify it or re -issue the patent registration 
certificate.  
(3)  When a trial ruling on a correction under Article 136 (1) becomes final and conclusive, the 
Commissioner of the Korean Intellectual Prope rty Office shall re -issue the patent registration 
certificate in accordance with the trial ruling.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
CHAPTER V PATENT RIGHTS  
 
Article 87 (Registration of Grant of Patents and Publication of Regis tration)   (1)  A patent 
shall take effect when the grant of the patent is registered.  
(2)  The Commissioner of the Korean Intellectual Property Office shall register the grant of a 
patent in any of the following cases:  
1.  Where patent fees are paid under  Article 79 (1);  
2.  Where the late payment of patent fees is made under Article 81 (1);  
3.  Where an under -paid patent fee is paid under Article 81 -2 (2);  
4.  Where a patent fee or an under -paid patent fee is paid under Article 81 -3 (1);  
5.  Where the payment of patent fees is exempted under Article 83 (1) 1 or 83 (2).  
(3)  When the grant of a patent is registered under paragraph (2), the Commissioner of the  
Korean Intellectual Property Office shall give public notice of the registration by publishing the 
name and domicile of the patentee, the patent number, and other matters specified by Presidential 
Decree in the Patent Gazette.  
(4)  The publication of regi stration of a patented invention to be kept confidential shall be 
reserved until it is declassified, and upon declassification, the registration shall be published 
without delay in accordance with paragraph (3).  
(5)  The Commissioner of the Korean Intellec tual Property Office shall make available application 
documents and accompanying materials to the general public for inspection for three months 
from the publication date of the registration.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
  
 Article 88 (Term of Patent)   (1)  The term of a patent shall begin on the registration date of the 
grant of the patent right under Article 87 (1) and last for 20 years from the filing date of the patent 
application.  
(2)  Where a patent is granted for a pat ent application filed by the legitimate right -holder under 
Article 34 or 35, the term of the patent under paragraph (1) shall begin on the day immediately 
following the filing date of the patent application filed by the unentitled person.  
[This Article Who lly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 89 (Extension of Patent Terms by Permission, etc.)   (1)  Notwithstanding Article 88 (1), 
the term of a patent on an invention may be extended only once by up to five years to compensate 
for the period d uring which the invention cannot be executed, if the invention is specified by 
Presidential Decree and requires permission, registration, etc. under any other statute 
(hereinafter referred to as "permission, etc.") to execute patented invention but it take s a long 
time to undergo necessary tests for validity, safety, etc. for such permission, registration, etc.   
(2)  For the purposes of paragraph (1), the period required due to a cause attributable to the 
person who has obtained permission, etc. shall not be included in "period during which the 
invention cannot be executed" in paragraph (1).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 90 (Applications for Registration of Extended Patent Terms by Permission, etc.)   (1)  
A person who intends to obtain an extension of the term of a patent registered under Article 89 
(1) (hereafter referred to as "applicant for registration of an extension" in this Article and Article 
91) shall file an application for registration of an extension of a patent with the Commissioner of 
the Korean Intellectual Property Office, stating the following therein:   
1.  The name and domicile of the applicant for registration of the extended term (if the applicant 
is a corporation, its name and pl ace of business);  
2.  The name and domicile, or place of business of an agent, if the applicant for registration of an 
extension is represented by an agent (if the agent is a patent firm or a limited -liability patent 
firm, its name and place of business, a nd the name of the designated patent attorney);  
3.  The patent number of the patent, the term of which is to be extended, and descriptions of the 
claims for which the term is to be extended;  
4.  The length of extension requested;  
5.  Details of permission,  etc. under Article 89 (1);  
6.  The ground for extension, specified by Ordinance of the Ministry of Trade, Industry and 
Energy (accompanied by materials substantiating the ground).   
 (2)  An application for registration of an extension of a patent under paragraph (1) shall be filed 
within three months from the date when permission, etc. is granted under Article 89 (1): Provided, 
That no application for registration of an extension of a  patent may be filed six months prior to the 
expiration of the term of the patent under Article 88.  
(3)  If a patent is jointly held, an application for registration of the extended term of the patent 
shall be jointly filed by all entitled persons.  
(4)  Wh en an application for registration of an extension of a patent is filed under paragraph (1), 
the term shall be deemed extended: Provided, That the foregoing shall not apply where a decision 
to reject an application for registration of an extension under Ar ticle 91 becomes final and 
conclusive.  
(5)  Upon receipt of an application for registration of an extension of a patent under paragraph 
(1), the Commissioner of the Korean Intellectual Property Office shall publish information 
specified in paragraph (1) in  the Patent Gazette.  
(6)  An applicant for registration of an extension may amend any matter specified in paragraph 
(1) 3 through 6, which are stated in the application for registration of an extension (excluding the 
patent number allocated to the patent, the term of which is to be extended under subparagraph 3), 
before the Commissioner of the Korean Intellectual Property Office serves a certified copy of a 
decision on registration of rejection of the extension on the applicant: Provided, That he/she may 
make an amendment only during the period set for submission of written arguments on the notice 
of the ground for rejection, if the notice of the ground for rejection, to which relevant provisions 
shall apply mutatis mutandis pursuant to Article 93, has been already served.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 91 (Determination to Reject Applications for Registration of Extended Patent Term by 
Permission, etc.)  
In any of the following cases, an examiner shall determine to reje ct an application for registration 
of an extended patent term under Article 90:  
1.  Where it is found unnecessary to obtain permission, etc. under Article 89 (1) for executing the 
relevant patented invention;  
2.  Where a patentee or an exclusive license ho lder or a registered non -exclusive license holder 
on the relevant patent fails to obtain permission, etc. under Article 89 (1);  
3.  Where the length of extension requested exceeds the period during which the relevant patent 
invention could not be executed under Article 89;  
4.  Where the applicant for registration of an extension is not the patentee;  
5.  Where the application for registration of an extension is filed in violation of Article 90 (3).   
 [This Article Wholly Amended by Act No. 12753, Jun. 11, 2014 ] 
 
Article 92 (Determination, etc. to Register Extended Patent Term by Permission, etc.)   (1)  If 
an examiner finds that a ground set forth in any subparagraph of Article 91 does not apply to an 
application for registration of an extended patent term under  Article 90, he/she shall determine to 
register the extended term.  
(2)  When the Commissioner of the Korean Intellectual Property Office has decided to register an 
extended patent term under paragraph (1), he/she shall register the extended term in the Pa tent 
Register.  
(3)  When the Commissioner of the Korean Intellectual Property Office completes the 
registration under paragraph (2), he/she shall publish the following information in the Patent 
Gazette:  
1.  The name and domicile of the patentee (if the pat entee is a corporation, its name and place of 
business);  
2.  The patent number;  
3.  The date when the extension is registered;  
4.  The extended patent term;  
5.  Details of permission, etc. under Article 89 (1).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 92 -2 (Extension of Term of Patent Right Following Delayed Registration)   (1)  When 
the registration of establishment of a patent right is delayed than the date when four years lapse 
after the date of a patent application or the date when three years lapse after a request for the 
examination of an application is made, whichever is later, the term of the relevant patent right 
may be extended as much as the delayed period, notwithstanding A rticle 88 (1).   
(2)  In applying the provisions of paragraph (1), the period delayed due to an applicant shall be 
excluded from the extension of the term of a patent right under paragraph (1): Provided, That 
when the period delayed due to an applicant ove rlaps with the abovementioned delayed period, 
the period excluded from the extension of the term of a patent right shall not exceed the actual 
period delayed due to an applicant.  
(3)  Matters concerning "the period delayed due to an applicant" under paragr aph (2) shall be 
prescribed by Presidential Decree.  
(4)  When four years are reckoned from the date of a patent application pursuant to paragraph 
(1), any of the following dates shall be deemed the date of a patent application, notwithstanding 
Articles 34,  35, 52 (2), 53 (2), 199 (1), and 214 (4):   
 1.  The date when a legitimate right -holder applies for a patent, in cases of a patent application 
by the legitimate right -holder pursuant to Article 34 or 35;  
2.  The date when a divisional application is filed, in cases of a divisional application under 
Article 52;  
3.  The date when a converted application is filed, in cases of a converted application under 
Article 53;  
4.  The date when a document containing the matters referred to in the subparagraphs of Article  
203 (1) is submitted, in cases of an international application construed as a patent application 
pursuant to Article 199 (1);  
5.  The date when an applicant who filed an international application requests the Commissioner 
of the Korean Intellectual Proper ty Office to make a decision pursuant to Article 214 (1), in cases 
of an international application construed as a patent application pursuant to Article 214;  
6.  The date when a patent application is filed, in cases of a patent application which does not f all 
under any of the subparagraphs 1 through 5.  
[This Article Newly Inserted by Act No. 11117. Dec. 2, 2011]  
 
Article 92 -3 (Application to Register Extension of Term of Patent Right Following Delayed 
Registration)   (1)  Any person who intends to apply to r egister extension of the term of a 
patent right under Article 92 -2 (hereafter referred to as "applicant for registration of extension" in 
this Article and Article 92 -4) shall submit an application for registration of extension of the term 
of a patent right  stating the following matters to the Commissioner of the Korean Intellectual 
Property Office: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11962, Jul. 30, 2013>  
1.  The name and domicile of an applicant for registration of extension (if the applican t is a 
corporation, its name and the location of its business office);  
2.  The name and domicile of an agent, if any, or the location of his/h er business office (if the 
agent is a patent firm or a limited -liability patent firm, its name, the location of its business 
office and the designated patent attorney’s name);  
3.  The number of a patent whose term is subject to extension;  
4.  The period of  application for extension;  
5.  Grounds for extension prescribed by Ordinance of the Ministry of Trade, Industry and Energy 
(materials substantiating such grounds shall be attached thereto).  
(2)  An application to register extension of the term of a patent  right pursuant to paragraph (1) 
shall be filed within three months from the date of registration of a patent right.  
(3)  Where a patent right is owned by joint owners, an application to register extension of the 
term of a patent right shall be filed by al l joint owners.   
 (4)  Any applicant for registration of extension may amend matters falling under paragraph (1) 4 
and 5, among matters stated in a written application for registration of extension, before an 
examiner decides whether extension of the term of  a patent right shall be registered: Provided, 
That after he/she receives a notice of grounds for rejection, which are applied mutatis mutandis 
under Article 93, he/she may amend such matters only during a period for submission of opinions 
following the re levant notice of grounds for rejection.  
[This Article Newly Inserted by Act No. 11117. Dec. 2, 2011]  
 
Article 92 -4 (Decision to Reject Application for Registration of Extension of Term of Patent 
Right Following Delayed Registration)  
When an application for registration of extension of the term of a patent right pursuant to Article 
92-3 falls under any of t he following subparagraphs, an examiner shall decide to reject the 
application:  
1.  When the length of extension requested exceeds a period of extension recognized pursuant to 
Article 92 -2; 
2.  When an applicant for registration of extension is not the rel evant patentee;  
3.  When the application for registration of extension is filed, in violation of Article 92 -3 (3).  
[This Article Newly Inserted by Act No. 11117, Dec. 2, 2011]  
 
Article 92 -5 (Decision, etc. to Register Extension of Term of Patent Right Foll owing Delayed 
Registration)   (1)  When an examiner cannot find a ground falling under any of the 
subparagraphs of Article 92 -4, with regard to any application for registration of extension of the 
term of a patent right pursuant to Article 92 -3, he/she shal l decide to register such extended term.   
(2)  When a decision is made to register extension of the term of a patent right pursuant to 
paragraph (1), the Commissioner of the Korean Intellectual Property Office shall register such 
extension with the patent  original register.  
(3)  When any registration is made pursuant to paragraph (2), the following matters shall be 
published in the Patent Gazette:  
1.  The name and domicile of a patentee (if a patentee is a corporation, its name and place of 
business);  
2.  The patent number;  
3.  The date when the extension of term of a patent right is registered;  
4.  The period of extension.  
[This Article Newly Inserted by Act No. 11117, Dec. 2, 2011]  
  
 Article 93 (Provisions Applicable Mutatis Mutandis)  
 
Article 94 (Effects of Patent)  
A patentee shall have the exclusive right to commercially and industrially execute his/her 
patented invention: Provided, That the foregoing shall not apply where an exclusive license of the 
patent has been granted so that the exclusive licensee can have the exclusive right to execute the 
patented invention under Article 100 (2).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 95 (Effects of Patent with Extended Term by Permission, etc.)  
The effects of a patent, the term of which has been extended under Article 90 (4), shall extend only 
to executing the patented invention on the things on which permission, etc. for registration of the 
extension is based (things used for specified purposes,  if the purposes of such things are specified 
in the permission, etc.).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 96 (Limitations on Effects of Patents)   (1)  The effects of a patent shall not extend to the 
following:   
1.  Exe cution of a patented invention for the purpose of research or testing (including research 
and testing for obtaining permission for items of medicines or reporting items of medicines by 
under the Pharmaceutical Affairs Act or for registering pesticides unde r the Pesticide Control 
Act);  
2.  Ships, aircraft, vehicles merely passing through the Republic of Korea, or machines, 
instruments, equipment, or other articles used therein;  
3.  Articles existing in the Republic of Korea as at the time the relevant patent  application was 
filed.  
(2)  The effects of a patent on the invention of a medicine manufactured by mixing at least two 
medicines (referring to products used for the diagnosis, relief, treatment, therapy, or prevention 
of human diseases; hereinafter the sa me shall apply) or on the invention of a process for 
manufacturing medicines by mixing at least two medicines shall not extend to the preparation of 
prescriptions and medicines prepared according to such prescriptions under the Pharmaceutical 
Affairs Act.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
  
 Article 97 (Scope of Protection of Patented Inventions)  
The scope of protection of a patented invention shall be determined by the descriptions of the 
claims.  
[This Article Wholly Amended by Ac t No. 12753, Jun. 11, 2014]  
 
Article 98 (Relationships to others' Patented Inventions, etc.) No patentee, exclusive licensee, 
nor non -exclusive licensee shall commercially or industrially execute any patented invention on 
which he/she has the right to execu te, without permission from the patent holder, the holder of a 
registered utility model, design, or trademark, if the patented invention uses another person's 
patented invention or registered utility model or design claimed in an application filed prior to  the 
filing date of the patent application for the patented application, or any similar design or infringes 
another person's registered design or trademark claimed in an application filed prior to the filing 
date of the patent application for the patented application.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 99 (Transfer and Joint Ownership of Patents)   (1)  A patent is transferable.  
(2)  If a patent is jointly owned, no joint owner of the patent may transfer his/her share or 
establish any pledge right over his/her share, without the consent of all other joint owners.  
(3)  Except as otherwise agreed in writing, no joint owner of a patent may independently execute 
the patented invention without the consent of all other joint own ers.  
(4)  If a patent is jointly owned, no joint owner of the patent may grant an exclusive or 
non -exclusive license of the patent, without the consent of all other joint owners.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 100 (E xclusive Licenses)   (1)  A patentee may grant an exclusive license of the patent to 
other persons.  
(2)  An exclusive licensee with the  exclusive license shall have the sole right to commercially or 
industrially execute the patented invention to the extent prescribed at the grant of the license.  
(3)  Except in the following cases, no exclusive licensee may transfer the exclusive license, 
without the consent of the patentee:  
1.  Where the exclusive license is transferred with the underlying business;  
2.  Where the exclusive license is transferred by inheritance or other universal succession.  
(4)  No exclusive licensee may establish a pledge  right over the exclusive license or grant a 
non -exclusive license, without the consent of the patentee.   
 (5) Article 99 (2) through (4) shall apply mutatis mutandis to exclusive licenses.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Artic le 101 (Effects of Registration of Patents and Exclusive Licenses)   (1)  The following 
dispositions shall take effect upon registration:   
1.  The transfer (excluding transfer by inheritance or other universal succession) of a patent, the 
expiration of a p atent by relinquishment, or restrictions on the disposal of a patent;  
2.  The grant, transfer (excluding transfer by inheritance or other universal succession), 
amendment, or expiration (excluding expiration by confusion) of an exclusive license or 
restric tions on the disposal of an exclusive license;  
3.  The establishment, transfer (excluding transfer by inheritance or other universal succession), 
amendment, or expiration (excluding expiration by error) of a pledge right over a patent or an 
exclusive licen se or restrictions on the disposal of such pledge right.  
(2)  When a patent, exclusive license, or pledge right is transferred by inheritance or other 
universal succession as referred to in paragraph (1), a report thereon shall be filed without delay 
with the Commissioner of the Korean Intellectual Property Office.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 102 (Non -Exclusive Licenses)   (1)  A patentee may grant a non -exclusive license of the 
patent to others.  
(2)  A non -exclusi ve licensee shall have the right to commercially or industrially execute the 
patented invention to the extent provided for in this Act or prescribed at the grant of the license.  
(3)  A non -exclusive license granted under Article 107 may be transferred, onl y if it is transferred 
with the underlying business.  
(4)  A non -exclusive license granted under Article 138 of this Act, Article 32 of the Utility Model 
Act, or Article 123 of the Design Protection Act shall be transferred with the relevant patent, utility  
model right, or design right of the non -exclusive licensee, and shall expire simultaneously with the 
expiration of the relevant patent, utility model right, or design right.  
(5)  No non -exclusive license, other than non -exclusive licenses referred to in p aragraphs (3) and 
(4), shall be transferred without the consent of the patentee (or the consent of the patentee and 
the exclusive licensee, if the non -exclusive license is based on an exclusive license), unless it is 
transferred with the underlying busines s or by inheritance or other universal succession.  
(6)  No pledge right may be established over a non -exclusive license, other than non -exclusive 
licenses referred to in paragraphs (3) and (4), without the consent of the patentee (or the consent 
of the pat entee and the exclusive licensee, if the non -exclusive license is based on an exclusive  
 license).  
(7) Article 99 (2) and (3) shall apply mutatis mutandis to non -exclusive licenses.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 103 (Non -Exclusive Licenses Based on Prior Use)  
A person who has created the same invention as a patent claimed in an application filed for 
registration of the patent without prior knowledge of the invention claimed in the patent 
application, or wh o has become aware of such patent from the person who had created it before 
the patent application was filed, and commercially or industrially executes, or prepares to execute, 
the patent within the Republic of Korea shall be granted a non -exclusive licens e of the patent on 
the invention claimed in the patent application within the scope of objectives of the invention that 
the person executes or prepares to execute and of the business.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 1 04 (Non -Exclusive Licenses Based on Executing Prior to Registration of Petitions for 
Trial on Invalidity)   (1)  If any of the following persons has executed, or has prepared to 
execute, his/her patented invention or registered utility model commercially or  industrially 
within the Republic of Korea, without knowing that the patented invention or registered utility 
model is invalid, before a petition seeking a trial to invalidate the patent or the registration of the 
utility model is filed, the person shall b e granted a non -exclusive license of the patent or the 
exclusive license of the patent existing as at the time the patent or the registration of the utility 
model was invalidated, within the scope of objectives of the invention or design that the person 
has executed or has prepared to execute and of the business:  
1.  The original patentee of the invalidated patent, where one of at least two patents on the 
identical invention is invalidated;  
2.  The original owner of a registered but invalidated utility mod el, where the registered utility 
model is invalidated because it is identical to a patented invention;  
3.  The original patentee of an invalidated patent, where the patent is invalidated, and another 
patent is granted to the legitimate right -holder of the identical invention;  
4.  The original owner of an invalidated utility model, where the registration of his/her utility 
model is invalidated and a patent is granted to the legitimate right -holder on the invention 
identical to the design;  
5.  A person who ha s already acquired and registered an exclusive license, a non -exclusive 
license, or a non -exclusive license of the exclusive license before a petition seeking a trial to 
invalidate the patent or utility model, which is invalidated under any provision of  
 subparagraphs 1 through 4, is filed: Provided, That the person who has acquired a non -exclusive 
license under Article 118 (2) shall need not be registered.  
(2)  A person granted a non -exclusive license under paragraph (1) shall pay equitable 
remuneration to the patentee or exclusive licensee.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 105 (Non -Exclusive Licenses after Expiration of Design Rights)   (1)  If a design right 
claimed in an application filed on or before the filing date o f a patent application and registered 
accordingly conflicts with the patent, the holder of the design right at the expiration of the term of 
the design right shall have a non -exclusive license of the patent within the scope of the design 
right or a non -exclusive license of the exclusive license that exists on the patent at the expiration 
of the term of the design right, within the scope of the design right.  
(2)  If a design right claimed in an application filed on or before the filing date of a patent 
appl ication and registered accordingly conflicts with the patent, the holder of either of the 
following rights at the expiration of the design right shall have a non -exclusive license of the 
patent within the scope of the design right or a non -exclusive licens e of the exclusive license that 
exists on the patent at the expiration of the design right, within the scope of the original right:  
1.  An exclusive license of the design right that exists at the expiration of the term of the design 
right;  
2.  A non -exclus ive license in effect over the design right or an exclusive license of the design 
right under Article 104 (1) of the Design Protection Act.  
(3)  A non -exclusive license holder under paragraph (2) shall pay equitable remuneration to the 
patentee or exclusiv e licensee.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 106 (Expropriation of Patents)   (1)  The Government may expropriate patents if 
deemed necessary for national defense at the time of a war, incident, or similar emergency.  
(2)  If a patent is expropriated, all rights to the invention, except the patent, shall be 
extinguished.  
(3)  When the Government expropriates a patent under paragraph (1), it shall pay reasonable 
compensation to the patentee, exclusive licensee, or non -exclusive licensee.  
(4)  Matters necessary for expropriating patents and paying compensation therefor shall be 
prescribed by Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
  
 Article 106 -2 (Execution of Patented Inventions by Government, etc.)   (1)  If the Government 
deems it necessary to non -commercially execute a patented invention due to a national or dire 
emergency, or for the public interests, it may directly execute the patented invention or authorize 
any person other than the Government to execute it on its behalf.  
(2)  When the Government or any person other than the Government referred to in paragraph 
(1) knew or becomes aware that any other person's patent exists, the Government or the person 
other than the Government shall immediatel y notify the patentee, exclusive licensee, or 
non -exclusive licensee of the execution under paragraph (1).  
(3)  When the Government or any person other than the Government referred to in paragraph 
(1) executes a patented invention under paragraph (1), the Government or the person other than 
the Government shall pay reasonable compensation to the patentee, exclusive licensee, or 
non -exclusive licensee.  
(4)  Matters necessary for executing a patented invention and paying compensation therefor 
shall be prescri bed by Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 107 (Adjudication on Grant of Non -Exclusive Licenses)   (1)  If a patented invention 
falls under any of the following, and a person who intends to execute the  patented invention fails, 
or is unable, to reach agreement with the patentee or exclusive licensee of the patented invention 
on the grant of a non -exclusive license (hereafter referred to as "agreement" in this Article) under 
reasonable terms and conditio ns, although the person has negotiated the agreement, the person 
may file a petition for adjudication on the grant of the non -exclusive license (hereinafter referred 
to as "adjudication") with the Commissioner of the Korean Intellectual Property Office: Pr ovided, 
That such a person may file a non -negotiated petition for adjudication, if he/she intends to 
non -commercially execute a patented invention for the public interests or in cases falling under 
subparagraph 4:  
1.  If the patented invention has not bee n executed in the Republic of Korea for at least three 
consecutive years, except in cases of a natural disaster, force majeure event, or due to other just 
grounds specified by Presidential Decree;  
2.  If the patented invention has not been executed commerc ially in the Republic of Korea on a 
substantial scale for at least three consecutive years without any just grounds, or fails to meet 
the demand in the Republic of Korea to an appropriate extent under reasonable terms and 
conditions;  
3.  If it is particula rly necessary to execute the patented invention for the public interests;  
4.  If it is necessary to execute the patented invention to rectify unfair trade practices found  
 through judicial or administrative proceedings;  
5.  If it is necessary to execute the  patented invention to export medicines to a country that 
intends to import (hereafter referred to as "importing country" in this Article) the medicines 
(including effective ingredients necessary for producing the medicines and diagnostic kits 
necessary fo r using such medicines) to treat diseases that threaten the health of the majority of 
its citizens.  
(2)  Paragraph (1) 1 and 2 shall not apply to a patented invention, unless four years have passed 
since the filing date of the patent application for the pa tented invention.  
(3)  When the Commissioner of the Korean Intellectual Property Office adjudicates on petitions, 
he/she shall examine the necessity to grant a non -exclusive license for each petition.  
(4)  When the Commissioner of the Korean Intellectual P roperty Office adjudicates on a petition 
under any of the provisions of paragraph (1) 1 through 3 and 5, he/she shall impose the following 
conditions upon the petitioner:  
1.  In cases of adjudication under any of the provisions of paragraph (1) 1 through 3 , the 
non-exclusive license shall be executed primarily for the purpose of supply to meet domestic 
demand;  
2.  In cases of adjudication under paragraph (1) 5, the produced medicines shall be exported 
entirely to the importing county.  
(5)  When the Commissi oner of the Korean Intellectual Property Office adjudicates on a petition, 
he/she shall ensure that a reasonable price is paid therefor. In such cases, he/she may consider 
the following factors in determining the price when he/she is petitioned to adjudica te under 
paragraph (1) 4 or 5:  
1.  In cases of adjudication under paragraph (1) 4, the purpose to rectify unfair trade practices;  
2.  In cases of adjudication under paragraph (1) 5, the economic value created in the importing 
country by executing the paten ted invention.  
(6)  A petition for adjudication regarding semi -conductor technology may be filed only in cases 
falling under paragraph (1) 3 (limited to where a patented invention shall be non -commercially 
executed for the public interests) or 4.  
(7)  The importing countries shall be limited to the World Trade Organization member countries 
that have notified the World Trade Organization of the following matters, or non -WTO member 
countries that have notified the Government of the Republic of Korea of the fo llowing matters, 
among the countries specified by Presidential Decree:  
1.  The names and quantities of medicines required by each importing country;  
2.  Each importing country's confirmation that it is incapable of producing the relevant medicines 
or lacks the ability if the relevant country is not among the least developed countries listed in a 
resolution by the General Assembly of the United Nations;   
 3.  Each importing country's confirmation that it has granted, or is willing to grant, a compulsory 
license, if the relevant medicines are patented in the importing country.  
(8)  Medicines referred to in paragraph (1) 5 shall be as follows:  
1.  Patented m edicines;  
2.  Medicines produced by patented manufacturing methods;  
3.  Patented effective ingredients necessary for producing medicines;  
4.  Patented diagnostic kits necessary for using medicines.  
(9)  Documents to be submitted by petitioners for adjudica tion and other matters necessary for 
adjudication shall be prescribed by Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 108 (Submission of Responses)  
Upon receipt of a petition for adjudication, the Commissioner  of the Korean Intellectual Property 
Office shall serve a duplicate of the written petition on the patentee, exclusive licensee, and other 
persons who have any registered right or interest in the patent, and shall provide them with an 
opportunity to submit  a response within a specified period.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 109 (Seeking Opinions from the Committee for Mediation of Disputes over Industrial 
Property Rights and from Heads of Related Ministries and Admini strative Agencies)  
The Commissioner of the Korean Intellectual Property Office may seek opinions from the 
Committee for Mediation of Disputes over Industrial Property Rights under Article 41 of the 
Invention Promotion Act, and from the heads of related Min istries, and may request cooperation 
from related administrative agencies or relevant persons, if deemed necessary for adjudication.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 110 (Formalities, etc. of Adjudication)   (1)  Adjudi cation shall be made in writing and 
shall detail the grounds therefor.  
(2)  Adjudication made under paragraph (1) shall detail the following:  
1.  The scope and term of the non -exclusive license;  
2.  The consideration for the license, method of, and timing  for payment of the consideration;  
3.  In cases of adjudication under Article 107 (1) 5, packaging and labels with which the products 
can be externally distinguished from the medicines supplied by the patentee, exclusive licensee, 
or non -exclusive licensee  (excluding the holder of a non -exclusive license granted through  
 adjudication) of the relevant patented invention, and the address of the web -site on which the 
matters settled in adjudication are to be disclosed;  
4.  Other matters to be observed by the person for whom adjudication is made to implement the 
provisions of the relevant statutes or a relevant treaty in executing the patented invention.  
(3)  The Commissioner of the Korean Intellectual Property Office shall make adjudication within 
six months from the filing date of a petition for adjudication, unless just grounds exist.  
(4)  If Article 107 (7) or (8) is applicable to a petition filed for adjudication under Article 107 (1) 
5, and all documents specified in Article 107 (9) have been submitted, the Commissioner of the 
Korean Intellectual Property Office shall make adjudication to grant a non -exclusive license, 
unless just grounds exist.  
[This  Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 111 (Service of Certified Copies of Adjudications)   (1)  Where the Commissioner of the 
Korean Intellectual Property Office makes adjudication, he/she shall serve a certified copy of the 
adju dication on each party to the dispute and other persons who have a registered right or 
interest in the patent.  
(2)  When a certified copy of adjudication is served on the parties under paragraph (1), 
agreement shall be deemed reached between the parties u nder the terms and conditions stated in 
the adjudication.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 111 -2 (Amendment of Written Adjudication)   (1)  If a person for whom adjudication 
has been made needs to amend the adjudication  regarding the matter specified in Article 110 (2) 
3, he/she may file a request for amendment with the Commissioner of the Korean Intellectual 
Property Office, with documents evidencing the ground for such amendment.   
(2)  If the Commissioner of the Korea n Intellectual Property Office finds that a request filed 
under paragraph (1) has merit, he/she may amend the relevant matter in the adjudication. In such 
cases, the Commissioner of the Korean Intellectual Property Office shall hear opinions of 
interested parties thereon.  
(3) Article 111 shall apply mutatis mutandis to cases falling under paragraph (2).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 112 (Deposit of Consideration)  
A party obliged to pay consideration under Article 110  (2) 2 shall pay it into the competent court  
 in any of the following cases:  
1.  Where the party entitled to the consideration refuses, or is unable, to receive it;  
2.  Where legal proceedings have been filed with respect to the consideration under Article 190 
(1);  
3.  Where the relevant patent or exclusive license is the subject -matter of a pledge right: 
Provided, That the foregoing shall not apply where the pledgee consents to payment.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 113 (Annulment of Adjudication)  
If a person for whom adjudication has been made fails to pay the consideration (the initial 
installment, if the consideration is to be paid periodically or in installments) or fails to pay it into 
the competent court, the ad judication shall become null and void.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 114 (Revocation of Adjudications)   (1)  In any of the following cases, the Commissioner 
of the Korean Intellectual Property Office may revoke adjudication upon request from an 
interested party or ex officio: Provided, That subparagraph 2 shall only apply where the rightful 
interests of the non -exclusive licensee, for whom the adj udication has been made, can be 
protected:  
1.  Where the non -exclusive licensee fails to execute the patented invention within the scope of 
the adjudication;  
2.  Where the ground for adjudication granting the non -exclusive license disappears and it is 
deemed that such ground will not reoccur;  
3.  Where the non -exclusive licensee breaches any term or condition prescribed under Article 
110 (2) 3 or 4 in the written adjudication without just grounds.  
(2) Articles 108, 109, 110 (1), and 111 (1) shall apply mut atis mutandis to cases falling under 
paragraph (1).  
(3)  A non -exclusive license shall be extinguished upon the revocation of the relevant 
adjudication under paragraph (1).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 115 (Restric tion on Grounds for Objection to Adjudication)  
Where an appeal for a trial is filed against adjudication in accordance with the Administrative 
Appeals Act or legal proceedings seeking the revocation of adjudication are filed in accordance  
 with the Administ ration Litigation Act, the consideration determined by the adjudication shall not 
be a ground for the appeal.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 116 Deleted. <by Act No. 11117, Dec. 2, 2011>  
 
Article 117 Deleted. <by Act  No. 6411, Feb. 3, 2001>  
 
Article 118 (Effects of Registration of Non -Exclusive Licenses)   (1)  Where a non -exclusive 
license has been registered, it shall also be effective against any person who subsequently obtains 
the patent or an exclusive license.  
(2)  A non -exclusive license granted under any of the provisions of Articles 81 -3 (5), 103 through 
105, 122, 182, and 183 of this Act and Article 10 (1) of the Invention Promotion Act shall have the 
same effect as prescribed under paragraph (1), even where it is unregistered.  
(3)  No person may have a valid claim or defense against a third party on the ground of the 
transfer, amendment, or extinguishment of a non -exclusive license, restriction on the disposal of a 
non -exclusive license, the establishment, tr ansfer, amendment, or extinguishment of a pledge 
right over a non -exclusive license, or restriction on the disposal of a pledge right over a 
nonexclusive license, unless it is registered.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Artic le 119 (Restriction on Abandonment of Patents, etc.)   (1)  No patentee may abandon 
his/her patent without the consent of all the following persons:   
1.  The exclusive licensee, if any;  
2.  The pledgee, if any;  
3.  Non -exclusive licensees referred to in Article 100 (4), if any;  
4.  Non -exclusive licensees referred to in Article 102 (1), if any;  
5.  Non -exclusive licensees referred to in Article 10 (1) of the Invention Promotion Act, if any.  
(2)  No exclusive lice nsee may abandon his/her exclusive license without the consent of the 
pledgee or non -exclusive licensees referred to in Article 100 (4).  
(3)  No non -exclusive licensee may abandon his/her non -exclusive license without the consent of 
the pledgee.  
[This Arti cle Wholly Amended by Act No. 12753, Jun. 11, 2014]   
  
Article 120 (Effects of Abandonment)  
A patent or exclusive or non -exclusive license shall be extinguished at the time the patent or the 
exclusive or non -exclusive license is abandoned.  
[This Article Whol ly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 121 (Pledge Right)  
Where a patent or exclusive or non -exclusive license is pledged,  the pledgee shall not execute the 
patented invention, unless otherwise expressly agreed in writing.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 122 (Non -Exclusive Licenses Subsequent to Transfer of Patent by Exercise of Pledge 
Right)  
If a patentee has executed a patented invention before a pledge right is established on the patent, 
the patentee shall have a non -exclusive license of the patented invention, even after the patent is 
transferred to any third person by an auction or s imilar proceeding. In such cases, the patentee 
shall pay equitable remuneration to the person who obtains the patent by the auction or any 
similar proceeding.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 123 (Subrogation of Pledge  Right)  
A pledge right may be exercised against compensation under this Act or against consideration or 
goods receivable in return for executing the patented invention: Provided, That such 
consideration or goods shall be attached before paid or delivered.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 124 (Extinguishment of Patent in Absence of Heir)  
A patent shall be extinguished if no heir exists when the relevant inheritance proceeding 
commences.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 125 (Reporting on Executing of Patent)  
The Commissioner of the Korean Intellectual P roperty Office may require a patentee or an  
 exclusive or non -exclusive licensee to report whether he/she has executed the patented invention, 
the extent to which he/she has executed it, etc.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 125 -2 (Title of Execution on Compensation and Consideration)  
A final and conclusive decision on the amount of compensation or consideration determined by 
the Commissioner of the Korean Intellectual Property Office under this Act shall have the same 
effect as an enforceable title of execution. In such cases, the enforceable writ shall be issued by a 
public official of the Korean Intellectual Property Office.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
CHAPTER VI PROTECTION OF PATENTE ES 
 
Article 126 (Right to Seek Injunction against Infringement, etc.)   (1)  A patentee or an 
exclusive licensee may file a complaint to seek injunction against, or prevention of, infringement 
against a person who infringes, or is likely to infringe, his/he r rights.   
(2)  When a patentee or an exclusive licensee files a complaint under paragraph (1), he/she may 
demand the destruction of the means by which the infringement has been committed (including 
the products obtained by infringement if the relevant in vention is a process for manufacturing the 
products), the removal of the facilities used for infringement, and other measures necessary to 
prevent infringement.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 127 (Conduct Deemed Infr ingement)  
Conducting either of the following activities commercially or industrially shall be deemed 
infringement of a patent or an exclusive license:  
1.  If the patent is for the invention of a thing: Producing, selling, leasing, or importing a thing 
used  exclusively for producing such thing or offering to sell or lease such thing;  
2.  If the patent is for the invention of a process: Producing, selling, leasing, or importing a thing 
used exclusively for executing the process or offering to sell or lease su ch thing.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 128 (Claim for Compensation for Loss)   (1)  A patentee or exclusive licensee may claim 
compensation for a loss inflicted by a person who has intentionally or negligently infringed the  
 patent or exclusive license. <Newly Inserted by Act No. 14112, Mar. 29, 2016>  
(2)  Where a compensation for a loss is claimed pursuant to paragraph (1), but the infringer has 
sold the infringing products to third parties, the amount of loss that the patentee or exclusive 
licensee has sustained may be calculated by multiplying the quantity of products so sold by the 
profit per unit of the products that the patentee or the exclusive licensee could have sold, but for 
the infringement. <Amended by Act No. 14112, Mar. 29, 2016>  
(3)  The amount of loss referred to in paragraph (2) shall not exceed the amount calculated  by 
multiplying the quantity of products that the patentee or exclusive licensee could have produced, 
less the quantity of products actually sold, by the profit per unit: Provided, That the quantity of 
products that the patentee or exclusive licensee could  not sold due to any cause or event other 
than the infringement shall be subtracted therefrom, if such cause or event, in addition to the 
infringement, prevented the patentee or exclusive licensee from selling the products. <Amended 
by Act No. 14112, Mar. 29, 2016>  
(4)  Where a compensation for a loss is claimed pursuant to paragraph (1), the profits that a 
person who has intentionally or negligently infringed the patent or exclusive license has gained 
due to the infringement, if any, shall be deemed the lo ss that the patentee or exclusive licensee has 
sustained. <Amended by Act No. 14112, Mar. 29, 2016>  
(5)  Where a compensation for a loss is claimed pursuant to paragraph (1), the patentee or 
exclusive licensee may claim the amount that he/she would usually  be entitled to receive for 
executing the patented invention as the loss that he/she has sustained. <Amended by Act No. 
14112, Mar. 29, 2016>  
(6)  Notwithstanding paragraph (5), the amount of loss exceeding the amount specified in the 
same paragraph may al so be claimed as damages. In such cases, the court may consider the fact 
that there was no intentional conduct or gross negligence on the part of the person who infringed 
the patent or exclusive license in determining the damages. <Amended by Act No. 14112 , Mar. 29, 
2016>  
(7)  If the court finds, in legal proceedings on infringement of a patent or exclusive license, that a 
loss has been incurred due to the infringement but it is extremely impracticable to verify the facts 
necessary for evidencing the loss i n light of the nature of relevant facts, it may award reasonable 
damages based on the gist of entire arguments and the results of examination of evidence, 
notwithstanding paragraphs (2) through (6). <Amended by Act No. 14112, Mar. 29, 2016>  
[This Article W holly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 128 -2 (Duty of Explaining Matters for Appraisal)  
Where the court orders an appraisal in legal proceedings on infringement of a patent or exclusive  
 license for the calculation of the amount of losses c aused by the infringement, a party shall explain 
the matters necessary for the appraisal to an appraiser.  
[This Article Newly Inserted by Act No. 14112, Mar. 29, 2016]  
 
Article 129 (Presumption of Manufacturing Process)  
Where a patent has been granted for inventing a manufacturing process of a thing, any product 
identical to the thing shall be deemed manufactured by the patented process: Provided, That the 
foregoing shall not apply to any of the following:  
1.  A thing that has been publicly known or execute d in the Republic of Korea prior to the filing of 
the patent application;  
2.  A thing that has been published in a publication distributed in the Republic of Korea or in any 
foreign country or has been disclosed to the public domain through telecommunicati on lines 
prior to the filing of the patent application.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 130 (Presumption of Negligence)  
A person who infringes a patent or exclusive license of any third person shall be presumed 
neglig ent regarding such infringement.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 131 (Reinstatement of Reputation of Patentee, etc.)  
Upon requ est of a patentee or exclusive licensee, the court may order the person who has 
degraded the business reputation of the patentee or exclusive licensee by intentionally or 
negligently infringing the patent or exclusive license to take necessary measures to reinstate the 
business reputation of the said patentee or exclusive licensee, in lieu of damages therefor or in 
addition to damages.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 132 (Submission of Materials)   (1)  Upon receipt of a request from either party to legal 
proceedings on infringement of a patent or exclusive license, the court may order the other party 
to submit materials necessary for proving the relevant infringement or calculating the amount of 
losses caused by the rel evant infringement: Provided, That the foregoing shall not apply where the 
person possessing the materials has a reasonable ground to refuse to submit them. <Amended by 
Act No. 14112, Mar. 29, 2016>   
 (2)  Where a person possessing the materials argues that he/she has a reasonable ground to 
refuse to submit them pursuant to paragraph (1), the court may order the presentation of the 
materials to determine whether the argument is right or wrong. In such c ases, the court shall not 
allow other persons to see such materials. <Newly Inserted by Act No. 14112, Mar. 29, 2016>  
(3)  Where the materials that shall be submitted pursuant to paragraph (1) falls under the trade 
secret (referring to the trade secret def ined under subparagraph 2 of Article 2 of the Unfair 
Competition Prevention and Trade Secret Protection Act; hereinafter the same shall apply) but it 
is necessary to prove the infringement or calculate the amount of losses, it shall not be considered 
a res onable ground pursuant to the proviso of paragraph (1). In such cases, the court shall 
designate a scope in which an inspection is allowed or a person for whom an inspection is allowed 
within the purpose of the submission order. <Newly Inserted by Act No. 14112, Mar. 29, 2016>  
(4)  Where a party fails to follow the order to submit materials without any reasonable grounds, 
the court may deem that the claim of the other party on the record of materials is true. <Newly 
Inserted by Act No. 14112, Mar. 29, 2016>  
(5)  In cases of falling under paragraph (4), when a party who filed a petition for the submission 
of materials has a situation where it is extremely impracticable to make a detailed assertion on the 
records of materials and it is also difficult to expect  that the fact to be proved by the materials may 
be proved by any other evidence, the court may deem that the assertion of the party on the fact 
which he/she intends to prove by the records of the materials is true. <Newly Inserted by Act No. 
14112, Mar. 2 9, 2016>  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 133 (Trial on Invalidity of Patents)   (1)  In any of the following cases, an interested 
party or examiner may file a petition for trial to seek invalidation of a patent. In suc h cases, when 
the claim contains at least two claims, a petition for trial for invalidation may be filed for each 
claim: Provided, That any person may file a petition for trial for invalidation on any of the 
following grounds (excluding the ground specifie d in subparagraph 2), if three months have not 
passed since the date when the registration of the patent is published after the grant of the patent 
is registered.  
1.  If the patent violates any of the provisions of Articles 25, 29, 32, 36 (1) through (3),  42 (3) 1, 
or Article 42 (4);  
2.  If the patentee is unentitled to the patent under the main sentence of Article 33 (1), or violates 
Article 44;  
3.  If the patentee is not eligible for the patent under the proviso to Article 33 (1);  
4.  If the patentee bec omes unentitled to the patent under Article 25 after the grant of the patent,  
 or the patent violates a treaty;  
5.  If a person is unentitled to the patent because of his/her violation of a treaty;  
6.  If an amendment exceeds the scope specified in the form er part of Article 47(2);  
7.  If the relevant application is a divisional application that exceeds the scope specified in Article 
52 (1);  
8.  If the relevant application is a converted application that exceeds the scope specified in Article 
53 (1).  
(2)  A petition for trial referred to in paragraph (1) may be filed even after the relevant patent is 
extinguished.  
(3)  If a trial ruling invalidating a patent becomes final and conclusive, the patent shall be 
deemed never to have existed: Provided, That if a tr ial ruling invalidating a patent under 
paragraph (1) 4 becomes final and conclusive, the patent shall be deemed never to have existed 
since the patentee or the patent fell under the aforesaid subparagraph.  
(4)  Upon receipt of a petition for trial under pa ragraph (1), the presiding judge shall notify the 
exclusive licensee of the patent and other persons who hold a registered right or interest in the 
patent, as to the details of the petition.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 133 -2 (Correction of Patents during Trial for Invalidation of Patent)   (1)  A defendant 
in trial under Article 133 (1) may request a correction of the specification or any drawing of the 
relevant patented invention within the period specified in Ar ticle 147 (1) or the latter part of 
Article 159 (1) only in cases specified in any subparagraph of Article 136 (1). In such cases, the 
presiding judge may permit the defendant to request a correction within a specified period even 
after the lapse of the pe riod specified in Article 147 (1), if he/she deems it necessary to accept the 
request for correction based upon the petitioner's presentation of evidentiary documents.  
(2)  When a request for correction is filed under paragraph (1), any request for correc tion made 
before the request for correction during the relevant trial for invalidation shall be deemed 
withdrawn.  
(3)  Upon receipt of a request for correction under paragraph (1), the presiding judge shall serve 
a duplicate of the request on the petitione r for the trial under Article 133 (1).  
(4) Article 136 (2) through (5) and (7) through (11), Article 139 (3), and Article 140 (1), (2), and 
(5) shall apply mutatis mutandis to requests for correction under paragraph (1). In such cases, 
"before notice of cl osing of hearings is given under Article 162 (3) (or before notice of closing of 
hearings is given under Article 162 (3), where hearings have been recommenced under Article 
162 (4))" in Article 136 (9) shall be construed as "within a specified period where  notice under  
 Article 136 (5) is given."  
(5)  In applying paragraph (4), Article 136 (4) shall not apply mutatis mutandis where a 
correction is made to a claim concerning which a petition for trial for invalidation of a patent is 
filed under Article 133 (1 ). 
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 134 (Trial to Invalidate Registration for Extension of Patent)   (1)  In any of the 
following cases, an interested party or examiner may file a petition for trial to invalidate the 
registration of an extension of a patent under Article 92:   
1.  Where the extension has been registered with respect to an application that does not require 
permission, etc. under Article 89 to execute the relevant patented invention;  
2.  Where the extensio n has been registered with respect to an application for which the patentee, 
or exclusive licensee or a registered nonexclusive licensee on the patent has not obtained 
permission, etc. under Article 89;  
3.  Where the registered extension exceeds the period  during which the patented invention was 
not executable;  
4.  Where the extension has been registered for an application filed by any person, other than the 
patentee;  
5.  Where the extension has been registered for an application filed in violation of Artic le 90 (3).  
(2)  In any of the following cases, an interested party or examiner may file a petition for trial to 
invalidate the registration of the extension of a patent under Article 92 -5: 
1.  Where the term extended following registration exceeds the leng th of extension permitted 
under Article 92 -2; 
2.  Where the extension has been registered for an application filed by any person, other than the 
patentee;  
3.  Where the extension has been registered for an application filed in violation of Article 92 (3).  
(3) Article 133 (2) and (4) shall apply mutatis mutandis to petitions for a trial under paragraphs 
(1) and (2).  
(4)  If a trial ruling invalidating the registration of an extension becomes final and conclusive, the 
term extended following registration shal l be deemed never to have existed: Provided, That only 
the relevant period shall be deemed never extended in either of the following cases:  
1.  Where the registration of an extension is invalidated under paragraph (1) 3: The period 
extended beyond the peri od during which the patented invention was not executable;  
2.  Where the registration of an extension is invalidated under paragraph (2) 1: The period 
extended beyond the length of extension permitted under Article 92 -2.  
 [This Article Wholly Amended by Act  No. 12753, Jun. 11, 2014]  
 
Article 135 (Trials to Confirm Scope of Rights)   (1)  A patentee, exclusive licensee, or 
interested party may file a petition for trial to confirm the scope of rights in a patent to have the 
scope of protection of the patented i nvention confirmed.  
(2)  If a petition is filed for trial to confirm the scope of at least two claims in a petiti on under 
paragraph (1), a petition may be filed for each claim separately.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 136 (Trials for Corrections)   (1)  In any of the following cases, a patentee may file a 
petition for trial to correct the specification or drawings of his/her patented invention: Provided, 
That the foregoing shall not apply where a trial to invalidate a patent or to invalidate a correction 
is pending in the Korean Intellectual Property Trial and Appeal Board:   
1.  Where he/she intends to reduce the number of claims;  
2.  Where he/she intends to rectify a clerical error;  
3.  Where he/she intends to clarify an ambiguous description.  
(2)  Correction of a specification or drawings under paragraph (1) shall be limited  to the 
descriptions in the specification or drawings of a patented invention: Provided, That rectification 
of clerical errors under paragraph (1) 2 may be permitted only for the descriptions in the 
specification or drawings initially accompanying the appl ication.  
(3)  No correction of a specification or drawing under paragraph (1) shall substantially extend or 
amend the claims.  
(4)  A correction made under paragraph (1) 1 or 2 shall be patentable at the time of filing the 
patent application regarding the m atters described in the claims after the correction.  
(5)  If an administrative patent judge deems that a petition filed for a trial under paragraph (1) 
falls under any of the following, he/she shall notify the petitioner of the ground therefor and shall 
provide the petitioner with an opportunity to submit a written argument thereon within a 
specified period:  
1.  If the petition does not fall under any subparagraph of paragraph (1);  
2.  If the petition exceeds the extent prescribed in paragraph (2);  
3.  If t he petition violates paragraph (3) or (4).  
(6)  A petition for correction under paragraph (1) may be filed even after the relevant patent is 
extinguished: Provided, That the foregoing shall not apply where a trial ruling invalidating a 
patent (excluding in validation under Article 133 (1) 4) has become final and conclusive.  
(7)  No patentee may file trial for correction under paragraph (1) without the consent of the  
 exclusive licensee, pledgee, and non -exclusive licensees under Articles 100 (4) and 102 (1) o f this 
Act and Article 10 (1) of the Invention Promotion Act.  
(8)  When a trial ruling to correct the specification or drawings of a patented invention becomes 
final and conclusive, it shall be deemed that filing and laying open the relevant patent applica tion, 
a decision or trial ruling to grant a patent, and the registration of the grant of the patent have been 
made according to the corrected specification or drawings.  
(9)  A petitioner may amend the corrected specification or drawings appended to a petit ion filed 
for a trial under Article 140 (5) before notice of closing of hearings is given under Article 162 (3) 
(or before notice of closing of hearings is given under Article 162 (3), if hearings have been 
recommenced under Article 162 (4)).  
(10)  When a trial ruling to correct the specification or drawings of a patented invention is 
rendered, the President of the Korean Intellectual Property Trial and Appeal Board shall notify the 
Commissioner of the Korean Intellectual Property Office of the details ther eof.  
(11)  Upon receipt of notice under paragraph (10), the Commissioner of the Korean Intellectual 
Property Office shall publish it in the Patent Gazette.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 137 (Trials to Invalidate Cor rections)   (1)  If a correction of the specification or 
drawings of a patented invention under Article 133 -2 (1), 136 (1), or paragraph (3) of this Article 
violates either of the following provisions, any interested party or the examiner may file a petitio n 
for trial to invalidate the correction:  
1.  Any provision of Article 136 (1);  
2.  Any provision of Article 136 (2) through (4) (including cases to which the a foresaid 
provisions shall apply mutatis mutandis pursuant to Article 133 -2 (4)).  
(2) Article 133 (2) and (4) shall apply mutatis mutandis to petitions for a trial under paragraph 
(1).  
(3)  A defendant in trial for invalidation under paragraph (1) may reque st correction of the 
specification or drawings of a patented invention within the period specified in Article 147 (1) or 
the latter part of Article 159 (1) only in cases falling under any subparagraph of Article 136 (1).  
(4) Article 133 -2 (2) through (4) s hall apply mutatis mutandis to requests for correction under 
paragraph (3). In such cases, "Article 133 (1)" in Article 133 -2 (3) shall be construed as "Article 
137 (1)."  
(5)  Where a trial ruling invalidating a correction under paragraph (1) becomes final  and 
conclusive, the correction shall be deemed never made.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]   
  
Article 138 (Trial for Grant of Non -Exclusive Licenses)   (1)  If a patentee, or exclusive or 
non -exclusive licensee intends to obtain  a license from another patentee or the holder of a 
registered utility model, design, trademark to execute the patented invention because the 
patented invention falls under Article 98, but the other patentee or the right -holder refuses to 
grant a license, or it is impossible to obtain a license from the other patentee or the right -holder, 
he/she may file a petition for trial to seek grant of a non -exclusive license within the extent 
necessary for executing the patented invention.   
(2)  Where a petition is filed under paragraph (1), no non -exclusive license shall be granted, 
unless the relevant patented invention constitutes any important technical advance of substantial 
economical value in comparison with the patented invention or registered utility model c laimed in 
the application filed by the other person prior to the filing date of the patent application for the 
relevant patented invention.  
(3)  If a person who has granted a non -exclusive license in trial under paragraph (1) needs to 
execute the patented invention of the non -exclusive licensee, but if the non -exclusive licensee 
refuses to grant a license or it is impossible to obtain a license, the person may file a petition for 
trial to seek grant of a non -exclusive license within the scope of the patente d invention that the 
person intends to execute with the non -exclusive license.  
(4)  A non -exclusive licensee falling under paragraph (1) or (3) shall pay consideration to the 
relevant patentee or the utility model right -holder or design right -holder, or th e exclusive licensee 
thereof: Provided, That if the non -exclusive licensee is unable to pay such consideration due to a 
cause not attributable to him/her, he/she shall deposit the consideration in the competent court.  
(5)  No non -exclusive licensee falling  under paragraph (4) may execute the patented invention or 
registered utility model or design, or similar design, unless he/she has paid considerations or pay 
such considerations into the competent court.  
[This Article Wholly Amended by Act No. 12753, Jun.  11, 2014]  
 
Article 139 (Joinder of Petitions for Trial, etc.)   (1)  If at least two persons intend to file a 
petition for trial to invalidate an identical patent under Article 133 (1), 134 (1) or (2), or 137 (1), 
or to confirm the scope of rights in a pat ent under Article 135 (1), all such petitioners may jointly 
file a petition for trial.  
(2)  When a petition is filed for trial against patentees who jointly hold a patent, all such 
joint -holders shall be made defendants.  
(3)  When joint -holders of a paten t or an entitlement to a patent file a petition for trial on the 
jointly -held right, all joint -holders shall file the petition jointly.   
 (4)  If any of the petitioners referred to in paragraph (1) or (3), or any of the defendants referred 
to in paragraph (2 ) has grounds to suspend or discontinue the trial, such suspension and 
discontinuation shall also be valid for all petitioners and defendants.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 140 (Formalities of Petitions for Trials)   (1)  A person who intends to file a petition for 
trial shall file the petition with the President of the Korean Intellectual Property Trial and Appeal 
Board, stating the following matters:  
1.  The names and domiciles of the parties (if a party is a corpo ration, its name and place of 
business);  
2.  The name and the domicile or place of business of an agent, if a party is represented by an 
agent (if the agent is a patent firm or a limited -liability patent firm, its name and place of 
business, and the name o f the designated patent attorney);  
3.  A description of the case on trial;  
4.  The purport of the petition and the grounds for filing the petition.  
(2)  No amendment to a petition for trial filed under paragraph (1) shall be made to the intent of 
the petition: Provided, That the foregoing shall not apply to the following:  
1.  Where an amendment (including the addition of patentees, but limited to wher e the added 
patentees consent to the addition, if the petitioner is also a patentee) is made to correct the 
description of a patentee, among the parties referred to in paragraph (1) 1;  
2.  Where an amendment is made to amend the grounds for the petition re ferred to in paragraph 
(1) 4;  
3.  Where a defendant in a trial for which a patentee or exclusive licensee has filed a petition as a 
petitioner to seek confirmation of the scope of rights under Article 135 argues that the invention 
the defendant actually ex ecutes is different from the invention regarding which confirmation is 
sought in the petition (referring to the invention that belongs to the defendant according to the 
petitioner’s assertion) with reference to the specification or drawings of the inventio n and so 
the petitioner amends the specification or drawings of the invention regarding which 
confirmation is sought in the petition to make the specification or drawings conform to the 
invention that the defendant actually executes.  
(3)  A petition filed for a trial seeking confirmation of the scope of rights under Article 135 (1) 
shall be accompanied by the specification and necessary drawings with which the patented 
invention can be compared.  
(4)  A petition filed under Article 138 (1) for a trial seekin g the grant of a non -exclusive license 
shall state the following, in addition to the matters specified in paragraph (1):   
 1.  The number and title of the petitioner's patent that the petitioner intends to execute;  
2.  The number, title, and patent or regist ration date of the other person's patented invention or 
registered utility model or design that the petitioner needs to execute;  
3.  The scope and term of the non -exclusive license of the patented invention or registered utility 
model or design and the con sideration therefor.  
(5)  A petition filed under Article 136 (1) for a trial for correction shall be accompanied by the 
corrected specification or drawings.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 140 -2 (Formalities of Petiti ons for Trial on Rulings Rejecting Patent Applications)   
(1)  Notwithstanding Article 140 (1), a person who intends to file a petition for trial on a ruling 
rejecting a patent application under Article 132 -3 shall file a petition for the trial with the 
President of the Korean Intellectual Property Trial and Appeal Board, stating the following:  
1.  The name and domicile of the petitioner (if the petitioner is a corporation, its name and place 
of business);  
2.  The name and domicile or place of business of a n agent, if the petitioner is represented by an 
agent (if the agent is a patent firm or a limited -liability patent firm, its name and place of 
business or limited -liability patent firm, and the name of the designated patent attorney);  
3.  The filing date a nd number of the patent application;  
4.  The title of the invention;  
5.  The date when a ruling rejecting the patent application was rendered;  
6.  A description of the case on trial;  
7.  The purport of the petition and the grounds for filing the petition.  
(2)  No amendment to a petition for trial filed under paragraph (1) shall be made as to the intent 
of the petition: Provided, That the foregoing shall not apply to the following:  
1.  Where an amendment (including the addition of petitioners, but limited to  where the added 
petitioners consent to the addition) is made to correct the description of the petitioner referred 
to in paragraph (1) 1;  
2.  Where an amendment is made to amend any of the grounds for filing the petition under 
paragraph (1) 7.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 141 (Dismissal of Petitions for Trial)   (1)  In any of the following cases, the presiding 
judge shall issue an order to make an amendment within a specified period:   
1.  Where a petiti on filed for a trial violates any provision of Article 140 (1) and (3) through (5)  
 and Article 140 -2 (1);  
2.  Where any of the following events occurs in a trial proceeding:  
(a)  Where the trial proceeding violates Article 3 (1) or 6;  
(b)  Where official f ees payable under Article 82 have not been paid;  
(c)  Where the trial proceeding does not conform to any of the formalities prescribed by this 
Act or by an order issued under this Act.  
(2)  If a person in receipt of an order to make an amendment under para graph (1) fails to do so 
within a specified period, the presiding judge shall ruled the petition for trial dismissed.  
(3)  A ruling under paragraph (2) shall be made in writing, stating the grounds therefor.  
[This Article Wholly Amended by Act No. 12753, J un. 11, 2014]  
 
Article 142 (Trial Rulings Rejecting Petitions for Trial with Incurable Defects)  
If a petition for trial contains unlawful defects which cannot be corrected by amendment, such 
request may be rejected by a ruling without providing the defenda nt with an opportunity to 
submit a written response.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 143 (Administrative Patent Judges)   (1)  Upon receipt of a petition for trial, the 
President of the Korean Intellectual Property Tri al and Appeal Board shall allocate the case to 
administrative patent judges for trial.  
(2)  The qualification for administrative patent judges shall be prescribed by Presidential Decree.  
(3)  Administrative patent judges shall maintain independence in per forming their duties to 
examine a case on trial.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 144 (Designation of Administrative Patent Judges)   (1)  The President of the Korean 
Intellectual Property Trial and Appeal Board shall d esignate administrative patent judges who 
shall form a board under Article 146 for each case on trial.   
(2)  If any of the administrative patent judges designated under paragraph (1) is unable to 
participate in a trial, the President of the Korean Intellectual Property Trial and Appeal Board may 
designate another administrative patent judge in his/her replace.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 145 (Presiding Judges)   (1)  The President of the Korean Intellectual Property Trial and  
 Appeal Board shall appoint one of the administrative patent judges designated under Article 144 
(1) as the presiding judge.   
(2)  The presiding judge shall preside over all matters relating to the case on trial.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 146 (Board for Trial)   (1)  A trial shall be conducted by a board comprised of three or 
five administrative patent judges.   
(2)  The board referred to in paragraph (1) shall make rulings by a majority vote.  
(3)  No consultation among administrative patent judges shall be open  to the public.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 147 (Submission of Written Response, etc.)   (1)  Upon receipt of a petition for trial, the 
presiding judge shall serve the defendant with a duplicate of the petition, an d shall provide the 
defendant with an opportunity to submit a written response within a specified period.  
(2)  Upon receipt of a written response, the presiding judge shall serve the petitioner with a 
duplicate of the written response.  
(3)  The presiding judge may directly examine the parties in a trial.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 148 (Exclusion of Administrative Patent Judges)  
In any of the following cases, an administrative patent judge shall be excluded from p articipating 
in a trial:  
1.  Where an administrative patent judge or his/her current or former spouse is a party to, or an 
intervenor in, the case on trial;  
2.  Where an administrative patent judge is or was a relative of a party to, or an intervenor in, t he 
case on trial;  
3.  Where an administrative patent judge is or was the legal representative of a party to, or an 
intervenor in, the case on trial;  
4.  Where an administrative patent judge is summoned as a witness or an expert witness, or was 
an expert wi tness to the case on trial;  
5.  Where an administrative patent judge is or was the agent of a party to, or an intervenor in, the 
case on trial;  
6.  Where an administrative patent judge was involved as an examiner or administrative patent 
judge in a decision or a trial ruling on whether to grant or refuse a patent in the case on trial;   
 7.  Where an administrative patent judge has a direct interest in the case on trial.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 149 (Requests for Exclusion)  
If a party or an intervenor finds that an administrative patent judge falls under any ground for 
exclusion provided for in Article 148 , he/she may file a request for exclusion of the administrative 
patent judge.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 150 (Challenge against Administrative Patent Judges)   (1)  If any circumstance exists 
wherein the participa tion of an administrative patent judge would compromise the fairness of the 
proceedings in a trial, a party or an intervenor may submit challenge against the administrative 
patent judge.  
(2)  No party or intervenor shall submit challenge against an admini strative patent judge after 
he/she has made a written or oral statement regarding the case on trial before the administrative 
patent judge: Provided, That the foregoing shall not apply where a party or an intervenor did not 
know that a ground for challenge  existed, or where a ground to challenge arose subsequently.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 151 (Vindication of Exclusion or Challenge)   (1)  A person who intends to request 
exclusion or challenge with regard to an a dministrative patent judge under Article 149 or 150 
shall submit a written motion stating the ground therefor with the President of the Korean 
Intellectual Property Trial and Appeal Board: Provided, that such motion may be submitted orally 
in a trial.  
(2)  Vindication of exclusion or challenge shall be made within three days from the filing date of 
the motion.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 152 (Rulings on Motion for Exclusion or Challenge)   (1)  A ruling on a motion  for 
exclusion of or challenge against an administrative patent judge shall be made in a trial.  
(2)  An administrative patent judge against whom a motion for exclusion or challenge is pending 
shall not participate in the trial on the exclusion or challeng e: Provided, That the administrative 
patent judge may make arguments thereon.  
(3)  A ruling under paragraph (1) shall be made in writing, stating the grounds therefor.   
 (4)  No appeal shall be made against a ruling made under paragraph (1).  
[This Article Wh olly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 153 (Suspension of Trial Proceedings)  
If a motion for exclusion or challenge is filed, trial proceedings shall be suspended until a ruling on 
the motion is made: Provided, That the foregoing shall not apply in cases of urgency.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 153 -2 (Administrative Patent Judges’ Refrainment)  
If an administrative patent judge falls under Article 148 or 150, he/she may refrain from the trial 
of the relevant case with permission from the President of the Korean Intellectual Property Trial 
and Appeal Board therefor.  
[This Article Wholly Amended by  Act No. 12753, Jun. 11, 2014]  
 
Article 154 (Hearings, etc.)   (1)  Trial proceedings shall be conducted by oral hearing or 
examination of documents: Provided, That where a party requests an oral hearing, trial 
proceedings shall be conducted by oral hearing  except where it is deemed that a ruling can be 
made on the basis of examination of documents alone. <Amended by Act No. 12753, Jun. 11, 
2014>  
(2)  Deleted. <by Act No. 6411, Feb. 3, 2001>  
(3)  An oral hearing shall be open to the public: Provided, That t he foregoing shall not apply 
where public order or morality is likely to be compromised. <Amended by Act No. 12753, Jun. 11, 
2014>  
(4)  When the presiding judge intends to hold an oral hearing under paragraph (1), he/she shall 
determine the date and venue for the hearing, and serve the parties and intervenors with a 
written notice thereof: Provided, That the foregoing shall not apply where such notice is given to 
the parties and intervenors present at an earlier hearing for the case. <Amended by Act No. 127 53, 
Jun. 11, 2014>  
(5)  When the presiding judge presides over an oral hearing under paragraph (1), he/she shall 
require an official assigned by the President of the Korean Intellectual Property Trial and Appeal 
Board to prepare a report on the proceedings  of the hearing and other necessary facts in each 
hearing. <Amended by Act No. 12753, Jun. 11, 2014>  
(6)  The presiding judge and the official who prepares a report on proceedings under paragraph 
(5) shall affix their signatures and seals thereon. <Amended  by Act No. 12753, Jun. 11, 2014>   
 (7) Articles 153, 154, and 156 through 160 of the Civil Procedure Act shall apply mutatis mutandis 
to proceeding reports prepared under paragraph (5). <Amended by Act No. 12753, Jun. 11, 2014>  
(8) Articles 143, 259, 299, a nd 367 of the Civil Procedure Act shall apply mutatis mutandis to 
administrative patent trials. <Amended by Act No. 12753, Jun. 11, 2014>  
(9)  The presiding judge shall maintain order in the trial tribunal during oral hearings. <Newly 
Inserted by Act No. 1 2753, Jun. 11, 2014>  
 
Article 155 (Intervention)   (1)  A person entitled to file a petition for trial under Article 139 (1) 
may intervene in the trial before the closing of hearings.   
(2)  An intervenor under paragraph (1) may continue trial proceedings even after the party in 
whose favor the intervenor enters the proceedings voluntarily withdraws his/her petition for the 
trial.  
(3)  A person who has an interest in the result of a trial  may intervene in the trial proceedings to 
assist either party before the closing of hearings.  
(4)  An intervenor under paragraph (3) may take part in all trial proceedings.  
(5)  If an intervenor under paragraph (1) or (3) has a ground to suspend or discon tinue trial 
proceedings, such suspension or discontinuance shall be effective also in relation to the party in 
whose favor the intervenor entered the proceedings.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 156 (Petitions for Int ervention and Rulings thereon)   (1)  A person who intends to 
intervene in a trial shall file a petition for intervention with the presiding judge.  
(2)  Upon receipt of a petition for intervention, the presiding judge shall serve each party and 
other inter venors with a duplicate of the petition for intervention, and shall provide them with an 
opportunity to submit a written argument thereon within a specified period.  
(3)  Upon receipt of a petition for intervention, a ruling on whether to permit interventio n shall 
be made in a trial.  
(4)  A ruling under paragraph (3) shall be made in writing, stating the grounds therefor.  
(5)  No appeal shall be permitted against a ruling made under paragraph (3).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 157 (Examination and Preservation of Evidence)   (1)  Evidence may be examined or 
preserved, upon request by a party, intervenor, or interested party, or ex officio, in trial 
proceedings .   
 (2)  The provisions of the Civil Procedure Act concerning the examination and preservation of 
evidence shall apply mutatis mutandis to the examination and preservation of evidence under 
paragraph (1): Provided, That an administrative patent judge shall not take any of the following 
actions:  
1.  Making a decision to impose an administrative fine;  
2.  Issuing an order to remand a person in custody;  
3.  Requiring a person to make a deposit into the competent court.  
(3)  A request to preserve evidence shall be filed with the President of the Korean Intellectual 
Property Trial and Appeal Board before filing a petition for trial, or with the presiding judge if the 
trial is pending.  
(4)  Upon receipt of a request to preserve evidence under paragraph (1) before a  petition for trial 
is filed, the President of the Korean Intellectual Property Trial and Appeal Board shall appoint an 
administrative patent judge to take charge of examining the request.  
(5)  When the presiding judge ex officio examines or preserves evid ence under paragraph (1), 
he/she shall notify the parties, intervenors, and interested parties of the results thereof, and shall 
provide them with an opportunity to submit their arguments thereon within a specified period.  
[This Article Wholly Amended by A ct No. 12753, Jun. 11, 2014]  
 
Article 158 (Continuation of Trial Proceedings)  
The presiding judge may proceed with trial proceedings, even though a party or intervenor fails to 
take proceedings by the relevant statutory deadline or specified deadline, or f ails to appear on the 
date of hearing set under Article 154 (4).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 159 (Ex Officio Examination)   (1)  Grounds not pleaded by a party or intervenor may be 
examined in trial proceedings. In  such cases, the parties and intervenors shall be provided with an 
opportunity to submit their arguments thereon within a specified period.  
(2)  In a trial, no examination shall be made as to the intention of a claim not requested by the 
petitioner.  
[This  Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 160 (Joinder or Separation of Hearings or trial rulings)  
Administrative patent judges may conduct hearings or render trial rulings jointly or separately for 
at least two trials in which both  parties or either party is the same one.   
 [This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 161 (Withdrawal of Petitions for Trial)   (1)  A petition for trial may be voluntarily  
withdrawn before a trial ruling becomes final and conclusive: Provided, That once the defendant 
has submitted a response, his/her consent shall be obtained to withdraw such petition.  
(2)  If a petition has been filed for trial for invalidation under Arti cle 133 (1) or on confirmation 
of the scope of rights under Article 135 regarding at least two claims, the petitioner may withdraw 
the petition for each claim separately.  
(3)  If a petition for trial or each of the claims is withdrawn under paragraph (1) o r (2), the 
petition shall be deemed never to have been filed.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 162 (Trial Rulings)   (1)  Except as otherwise expressly provided for in any Act, a patent 
trial shall be closed by a trial ruling.  
(2)  The trial ruling under paragraph (1) shall be made in writing, stating the following, on which 
administrative patent judges participating who have rendered the decision shall affix their names 
and seals:  
1.  The case number;  
2.  The names and  domiciles of the parties and intervenors (if a party or intervenor is a 
corporation, its name and place of business);  
3.  The name and the domicile or place of business of an agent, if a party or intervenor is 
represented by an agent (if the agent is a pa tent firm or a limited -liability patent firm, its name 
and place of business, and the name of the patent attorney designated for the case);  
4.  A description of the case on trial;  
5.  The text of the trial ruling (including the scope and term of the releva nt non -exclusive license 
and the consideration therefor, if the ruling is rendered in a trial under Article 138);  
6.  Grounds for the trial ruling (including the purport of the petition, and a summary of the 
grounds for the petition);  
7.  The date of the t rial ruling.  
(3)  When a case has been thoroughly reviewed and is ready to be ruled, the presiding judge shall 
notify the parties and intervenors of the closing of the trial review.  
(4)  If deemed necessary, th e presiding judge may reopen a case for review, upon request from a 
party or intervenor or ex officio, even after he/she has given notice of the closing of trial review 
under paragraph (3).  
(5)  The trial ruling shall be rendered within 20 days from the da te notice of the closing of trial  
 review is given under paragraph (3).  
(6)  When a trial ruling or ruling is rendered, the presiding judge shall serve the parties, 
intervenors, and the persons whose application for intervention in the trial was rejected wi th a 
certified copy of the trial ruling or ruling, respectively.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 163 (Non Bis In Idem)  
If a trial ruling rendered under this Act becomes final and conclusive, no person may demand 
re-trial, based on the same facts and evidence: Provided, That the foregoing shall not apply where 
the final and conclusive trial ruling is a rejection.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 164 (Relationship to Litigation)   (1)  If necessary for a trial, a presiding judge may 
suspend a trial proceeding until a trial ruling rendered in another trial in connection with the c ase 
on trial or the legal proceedings filed in connection with the relevant case are completed.  
(2)  A court may suspend the legal proceedings until a trial ruling rendered on a patent becomes 
final and conclusive, if necessary for the legal proceedings.  
(3)  Where legal proceedings are filed regarding an infringement of a patent or an exclusive 
license, the court shall notify the President of the Korean Intellectual Property Trial and Appeal 
Board of the claims asserted in the legal proceedings. The same shall also apply when the legal 
proceedings are completed.  
(4)  Where a petition is filed for trial seeking invalidation of a patent in response to legal 
proceedings filed regarding an infringement of a patent or an exclusive license under paragraph 
(3), t he President of the Korean Intellectual Property Trial and Appeal Board shall notify the 
competent court referred to in paragraph (3) of the claims thereof. The same shall also apply 
when a decision or trial ruling dismissing the petition for trial is rend ered or when the petition for 
trial is voluntarily withdrawn.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 165 (Costs of Trial)   (1)  The allocation of costs incurred in relation to a trial under 
Article 133 (1), 134 (1) or (2), 1 35, or 137 (1) shall be determined by a trial ruling if a trial ruling 
is rendered at the close of trial, or by decision, if the trial is not closed by a trial ruling.  
(2) Articles 98 through 103, 107 (1) and (2), 108, 111, 112, and 116 of the Civil Proce dure Act 
shall apply mutatis mutandis to costs incurred in relation to a trial under paragraph (1).   
 (3)  Costs incurred in relation to a trial under Article 132 -3, 136, or 138 shall be borne by the 
petitioner for the trial.  
(4) Article 102 of the Civil Pro cedure Act shall apply mutatis mutandis to costs to be borne by a 
petitioner under paragraph (3).  
(5)  The amount of costs incurred in a trial shall be determined by the President of the Korean 
Intellectual Property Trial and Appeal Board, upon request fro m a party, after the relevant trial 
ruling or decision becomes final and conclusive.  
(6)  Relevant provisions of the Costs of Civil Procedure Act shall apply to the scope, amount, and 
payment of costs incurred in a trial, and the payment of the cost requir ed for engaging in 
procedural acts in a trial, unless such provisions violate the nature of the cost.  
(7)  Fees a party has paid or is payable to a patent attorney who has represented the party in a 
trial shall be deemed costs incurred in the trial up to t he amount specified by the President of the 
Korean Intellectual Property Trial and Appeal Board. Even where a party has been represented by 
several patent attorneys in a trial, the party shall be deemed to have been represented by one 
patent attorney for t he purposes of this paragraph.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 166 (Title of Enforcement of Trial Costs or Consideration)  
A final and conclusive ruling on costs incurred in a trial rendered by the President of the Kor ean 
Intellectual Property Trial and Appeal Board, or on consideration determined by administrative 
patent judges under this Act shall have the same effect as an enforceable title of execution. In such 
cases, the enforceable writ shall be issued by a public  official of the Korean Intellectual Property 
Office.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 167 Deleted. <by Act No. 4892, Jan. 5, 1995>  
 
Article 168 Deleted. <by Act No. 4892, Jan. 5, 1995>  
 
Article 169 Deleted. <by Act No . 4892, Jan. 5, 1995>  
 
Article 170 (Application Mutatis Mutandis of Provisions concerning Examination to Trial on  
 Ruling Rejecting Patent Applications)   (1) Article 47 (1) 1 and 2, Articles 51, 63, 63 -2, and 66 
shall apply mutatis mutandis to a trial on a ruling rejecting a patent application. In such cases, 
“amendment under Article 47 (1) 2 or 3" in the main sentence of Article 51 (1) shall be construed  
as "amendment under Article 47 (1) 2 (excluding amendments made before a petition is filed for a 
trial on a ruling rejecting a patent application under Article 132 -3)," and "Commissioner of the 
Korean Intellectual Property Office" in the main sentence of Article 63 -2 as "President of the 
Korean Intellectual Property Trial and Appeal Board,” respectively.  
(2) Article 63, applicable mutatis mutandis pursuant to paragraph (1), shall apply only where a 
ground for rejection is found differently from the ground  for the ruling rejecting a patent 
application.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 171 (Special Provisions of Trial against Rulings Rejecting Patent Applications)  
Article 147 (1) and (2), 155 and 156 shall not apply to a  trial against a decision to reject a patent 
application or against a decision to refuse to register an extension of the term of a patent right.  
[This Article Wholly Amended by Act No. 9381, Jan. 30, 2009]  
 
Article 172 (Effects of Examinations)  
Patent -rela ted procedures previously taken in the course of examination shall also remain 
effective in a trial on a ruling rejecting a patent application or on a ruling refuse to register the 
extended term of a patent.  
[This Article Wholly Amended by Act No. 12753, J un. 11, 2014]  
 
Article 173 Deleted. <by Act No. 9381, Jan. 30, 2009>  
 
Article 174 Deleted. <by Act No. 9381, Jan. 30, 2009>  
 
Article 175 Deleted. <by Act No. 9381, Jan. 30, 2009>  
 
Article 176 (Revocation of Ruling Rejecting Patent Applications, etc.)   (1)  When an 
administrative patent judge upholds claims asserted in a petition filed for a trial under Article  
 132 -3, he/she shall render a trial ruling revoking the ruling rejecting the patent application or the 
ruling refusing to register the extended term o f the patent.   
(2)  When an administrative patent judge revokes a ruling rejecting a patent application or a 
ruling refusing to register the extended term of the patent in a trial, he/she may render a trial 
ruling that the case shall be subject to examina tion.  
(3)  In ruling on a trial under paragraph (1) or (2), a ground based on which revocation is 
rendered shall be binding upon examiners with respect to the relevant case.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 177 Deleted . <by Act No. 4892, Jan. 5, 1995>  
 
CHAPTER VIII RETRIAL  
 
Article 178 (Petitions for Retrial)   (1)  Any party may file a petition for retrial against the final 
and conclusive trial ruling.  
(2) Articles 451 and 453 of the Civil Procedure Act shall apply mutatis mutandis to petitions for 
retrial under paragraph (1).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 179 (Third Party's Petitions for Retrial)   (1)  If the parties to a trial acted in collusion 
for the purpose of causing a trial ruling to be rendered which infringes a third party’s right or 
interest, the third party may file a petition for retrial on the final and conclusive trial ruling.  
(2)  In a petition filed for retrial under paragraph (1), the parties to the relevant trial shall be 
named as joint defendants.  
[This Article Wholly Amended by Act No. 12753, Jun. 1 1, 2014]  
 
Article 180 (Period for Filing Petitions for Retrial)   (1)  A petition for retrial shall be filed 
within 30 days from the date when the petitioner becomes aware of the grounds for retrial after 
the relevant trial ruling becomes final and conclusi ve.  
(2)  Where a petition for retrial is filed on the ground of a defect in the agency authority, the 
period referred to in paragraph (1) shall be counted from the day immediately after the date when 
the petitioner or his/her legal representative becomes aware that a trial ruling was rendered, 
upon receipt of a certified copy of the trial ruling.  
(3)  No petition for retrial may be filed after the lapse of three years from the date when the  
 relevant trial ruling becomes final and conclusive.  
(4)  If the gr ound for retrial arises after the relevant trial ruling becomes final and conclusive, the 
period referred to in paragraph (3) shall be counted from the day immediately after the date when 
such ground arises.  
(5)  Paragraphs (1) and (3) shall not apply wher e a petition for retrial is filed on the ground that 
the relevant trial ruling conflicts with another trial ruling that had become final and conclusive 
before the relevant trial ruling was rendered.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2 014]  
 
Article 181 (Restriction on Effects of Patents Reinstated by Retrial)   (1)  In any of the 
following cases, no effect of a patent shall extend to the goods imported, or domestically produced 
or acquired in the Republic of Korea, in good faith, after t he relevant trial ruling becomes final and 
conclusive, but before a petition filed for retrial is registered:  
1.  Where an invalidated patent (including a patent with extension of its term registered) is 
reinstated in the retrial;  
2.  Where a trial ruling  that a thing did not fall within the scope of rights in a patent became final 
and conclusive, but a subsequent ruling rendered in retrial to reverse the former ruling, 
becomes final and conclusive;  
3.  Where the grant of a patent or an extended term of a patent is registered as a result of retrial 
on a patent application or on an extension of the term of a patent, which was rejected by a trial 
ruling.  
(2)  No effect of a patent in any case falling under paragraph (1) shall extend to any of the 
following:  
1.  Executing the relevant invention in good faith after the relevant trial ruling becomes final and 
conclusive, but before the petition filed for retrial is registered;  
2.  Manufacturing, selling, leasing, or importing, in good faith, a thing used only for  
manufacturing the product protected by the patent as an invention, or offering to sell or lease 
such thing, in good faith, after the relevant trial ruling becomes final and conclusive, but before 
the petition filed for retrial is registered, if the patent  is for the invention of the product.  
3.  Manufacturing, selling, leasing, or importing, in good faith, a thing used only for executing a 
process, or offering to sell or lease such thing, in good faith, after the relevant trial ruling 
becomes final and conclusive, but before the petition filed  for retrial is registered, if the patent is 
for the invention of the process.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
  
 Article 182 (Non -Exclusive Licenses for Prior Users of Patent Reinstated through Retrial)  
In any case falling unde r Article 181 (1), a person who executes, or prepares to execute, the 
relevant patent commercially or industrially, in good faith, in the Republic of Korea after the 
relevant trial ruling becomes final and conclusive, but before the petition filed for retr ial is 
registered shall be granted a non -exclusive license of the patent within the scope of subject matter 
of the patented invention that the person executes or prepares to execute, or the objectives of the 
business.  
[This Article Wholly Amended by Act No . 12753, Jun. 11, 2014]  
 
Article 183 (Non -Exclusive Licenses for Former Right -Holders, Deprived of Non -Exclusive 
Licenses by Retrial)   (1)  If a trial ruling granting a non -exclusive license to a person under 
Article 138 (1) or (2) became final and conclus ive, but a ruling reversing such trial ruling 
rendered in retrial, the person who executes, or prepares to execute, the relevant patent 
commercially or industrially, in good faith, in the Republic of Korea before the petition filed for 
retrial was register ed shall be granted a non -exclusive license of the patent or exclusive license 
existing as at the time the trial ruling rendered in the retrial becomes final and conclusive, within 
the scope of the subject matter of the business relevant to the original no n-exclusive license, or the 
objectives of the invention.  
(2)  A person granted a non -exclusive license under paragraph (1) shall pay equitable 
remuneration to the patentee or exclusive licensee of the relevant patent.  
[This Article Wholly Amended by Act N o. 12753, Jun. 11, 2014]  
 
Article 184 (Application Mutatis Mutandis of Trial -Related Provisions to Retrial)  
The provisions concerning the procedure for trials shall apply mutatis mutandis to the procedure 
for retrials on a trial, except where incompatible.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 185 (Application Mutatis Mutandis of the Civil Procedure Act)  
Article 459 (1) of the Civil Procedure Act shall apply mutatis mutandis to petitions for retrial.  
[This Article Wholly Ame nded by Act No. 12753, Jun. 11, 2014]  
 
CHAPTER IX LITIGATION  
 
Article 186 (Legal Proceedings against Trial Rulings, etc.)   (1)  The Patent Court of Korea shall  
 have exclusive jurisdiction over legal proceedings filed against a trial ruling or decision dism issing 
a petition for trial or retrial.   
(2)  Any of the following persons shall have standing to file legal proceedings under paragraph 
(1):  
1.  A party;  
2.  An intervenor;  
3.  A person whose petition for trial or retrial has been rejected.  
(3)  Legal proceedings referred to in paragraph (1) shall be filed within 30 days from the date 
when a certified copy of the relevant trial ruling or decision is served.  
(4)  The period re ferred to in paragraph (3) is invariable.  
(5)  With respect to the invariable period referred to in paragraph (3), the presiding judge may, 
ex officio, extend the period, for the benefit of a person living in a remote area or in an area with 
poor access to  transport.  
(6)  No legal proceedings may be filed unless related to matters for which a petition for an 
administrative patent trial may be filed.  
(7)  No legal proceedings referred to in paragraph (1) may be independently filed on a trial 
ruling on the consideration set under Article 162 (2) 5 or a trial ruling or decision on costs 
incurred in trial under Article 165 (1).  
(8)  A ruling rendered by t he Patent Court of Korea under paragraph (1) may be appealed to the 
Supreme Court of the Republic of Korea.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 187 (Standing to be Sued)  
In legal proceedings filed under Article 186 (1), t he Commissioner of the Korean Intellectual 
Property Office shall be named as the defendant: Provided, That the petitioner or defendant shall 
be sued as the defendant in legal proceedings filed against a trial ruling rendered in a trial or 
retrial under Art icle 133 (1), 134 (1) or (2), 135 (1), 137 (1), or 138 (1) or (3).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 188 (Notification of Legal Proceedings and Service of Certified Copy of Written 
Judgment)    (1)  Upon receipt of legal  proceedings filed under Article 186 (1) or an appeal 
under Article 186 (8), the court shall notify the President of the Korean Intellectual Property Trial 
and Appeal Board of the details thereof without delay.   
(2)  When the legal proceedings filed under  the proviso to Article 187 are completed, the court 
shall forward a certified copy of the written judgment rendered by the court at each instance in  
 the case to the President of the Korean Intellectual Property Trial and Appeal Board without 
delay.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 188 -2 (Exclusion, Challenge, or Refrainment of Technical Examiners)   (1) Article 148 
of this Act and Articles 42 through 45, 47, and 48 of the Civil Procedure Act shall apply mutatis 
mutandis  to exclusion of, or a challenge to, technical examiners under Article 54 -2 of the Court 
Organization Act.   
(2)  A decision on exclusion of, or a challenge to, technical examiners under paragraph (1) shall 
be made in a trial by the court to which the tech nical examiner belongs.  
(3)  If a technical examiner has a ground for exclusion of, or challenge to, him/herself, he/she 
may voluntarily refrain from participation in the case on trial with permission from the Chief 
Judge of the Patent Court.  
[This Article  Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 189 (Revocation of Trial Rulings or Decisions)   (1)  If a court upholds claims asserted 
in legal proceedings filed under Article 186 (1), it shall revoke the relevant trial ruling or decision 
by rul ing.  
(2)  When a court ruling revoking a  trial ruling or decision under paragraph (1) becomes final 
and conclusive, administrative patent judges shall review the case and render another trial ruling 
or decision.  
(3)  In ruling on a trial under paragraph (1), the ground based on which revocation was rendered 
shall be binding upon the Korean Intellectual Property Trial and Appeal Board with respect to the 
relevant case.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 190 (Legal Proceedings against Decisions on Compensation or  Consideration)    (1)  
A person who has an objection to a trial ruling, decision, or adjudication rendered on 
compensation or consideration under Article 41 (3) or (4), 106 (3), 106 -2 (3), 110 (2) 2, or 138 
(4) may file legal proceedings with the competent  court.  
(2)  Legal proceedings referred to in paragraph (1) shall be filed within 30 days from the date 
when a certified copy of the relevant trial ruling, decision, or adjudication is served.  
(3)  The period referred to in paragraph (2) is invariable.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]   
  
Article 191 (Defendants in Legal Proceedings on Compensation or Consideration)  
In legal proceedings filed under Article 190, any of the following persons shall be named as a 
defendant:  
1.  The he ad of the central administrative agency or applicant, who is liable to pay compensation, 
if such compensation is payable under Article 41 (3) or (4);  
2.  The head of a central administrative agency, patentee, or exclusive or non -exclusive licensee 
who is l iable to pay compensation, if such compensation is payable under Article 106 (3) or 
106-2 (3);  
3.  The non -exclusive or exclusive licensee, patentee, or owner of a registered utility model or 
design, if the legal proceedings are about the consideration und er Articles 110 (2) 2 and 138 (4).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 191 -2 (Patent Attorney’s Fees and Costs of Litigation)  
Article 109 of the Civil Procedure Act shall apply to fees payable to patent attorneys represen ting 
a party to legal proceedings. In such cases, "attorney at law" shall be construed as "patent 
attorney."  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
CHAPTER X INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY  
 
SECTION 1 Inte rnational Application Procedure  
 
Article 192 (Persons Eligible to File International Applications)  
Any of the following persons may file an international application with the Commissioner of the 
Korean Intellectual Property Office:  
1.  A national of the Republic of Korea;  
2.  A foreigner domiciled or having a place of business in the Republic of Korea;  
3.  A person not falling under subparagraph 1 or 2, who files an international application in the 
name of a representative falling under subparagraph 1 or 2;  
4.  A person who meets the requirements prescribed by Ordinance of the Ministry of Trade, 
Industry a nd Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 193 (International Applications)   (1)  A person who intends to file an international  
 application shall submit a patent application prepared in the language specified by Ordin ance of 
the Ministry of Trade, Industry and Energy, accompanied by a description of the invention, the 
claims, drawings, and an abstract, to the Commissioner of the Korean Intellectual Property Office.   
(2)  Every application filed under paragraph (1) sha ll state the following:  
1.  An indication that the application is an international application made under the Patent 
Cooperation Treaty;  
2.  The designation of the contracting states to the Patent Cooperation Treaty in which the 
protection of the invention  claimed in the application is required;  
3.  The intention, if any, to obtain a regional patent defined under Article 2 (iv) of the Patent 
Cooperation Treaty in the contracting states designated under subparagraph 2 (hereinafter 
referred to as "designated states");  
4.  The name or title, the domi cile or place of business, and the nationality, of the applicant;  
5.  The name and the domicile or place of business of an agent, if any;  
6.  The title of the invention;  
7.  The name and domicile of the inventor (only applicable where the national law of a  
designated state requires that these indications be furnished).  
(3)  A description of an invention under paragraph (1) shall clearly and minutely describe the 
invention in such manner that any person with ordinary knowledge in the technical field of the 
relevant invention can easily execute the invention.  
(4)  Claims referred to in paragraph (1) shall clearly and concisely state the matters for which 
protection is sought, and shall be fully supported by the description of the invention.  
(5)  Except as othe rwise expressly provided for in paragraphs (1) through (4), matters necessary 
for filing international applications shall be prescribed by Ordinance of the Ministry of Trade, 
Industry and Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014 ] 
 
Article 194 (Recognition, etc. of International Filing Date)   (1)  The Commissioner of the 
Korean Intellectual Property Office shall recognize the date when an international application 
reaches the Korean Intellectual Property Office as the internationa l filing date defined under 
Article 11 of the Patent Cooperation Treaty (hereinafter referred to as "international filing date"): 
Provided, That the foregoing shall not apply in the following cases:   
1.  Where the applicant fails to meet the requirements provided for in Article 192;  
2.  Where the international application is not filed in the language specified in Article 193 (1);  
3.  Where the international application is no t accompanied by a description of the invention or 
the claims under Article 193 (1);   
 4.  Where any element listed in Article 193 (2) 1 or 2 or the name or title of the applicant is 
omitted.  
(2)  If an international application falls under any subparagraph of paragraph (1), the 
Commissioner of the Korean Intellectual Property Office shall order the applicant to amend the 
defect, in writing, within a specified period.  
(3)  If an international application refers to a drawing not included in that application, t he 
Commissioner of the Korean Intellectual Property Office shall notify the applicant thereof.  
(4)  If an applicant in receipt of an order to amend under paragraph (2) makes the amendment 
within a specified period, the Commissioner of the Korean Intellectu al Property Office shall 
recognize the date when the documents regarding the amendment arrive, as the international 
filing date, while the Commissioner of the Korean Intellectual Property Office shall recognize the 
date when a drawing arrives, as the inter national filing date, if a person notified under paragraph 
(3) submits the drawing within the period specified by Ordinance of the Ministry of Trade, 
Industry and Energy: Provided, That if an applicant notified under paragraph (3) fails to submit a 
drawing  within the period specified by Ordinance of the Ministry of Trade, Industry and Energy, 
the reference to the drawing shall be deemed nonexistent.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 195 (Orders to Amend)  
In any of the fo llowing cases, the Commissioner of the Korean Intellectual Property Office shall 
order an applicant to amend his/her international application within a specified period:  
1.  If the title of the invention is omitted;  
2.  If an abstract is omitted;  
3.  If th e international application violates Article 3 or 197 (3);  
4.  If the international application fails to comply with any of the requirements prescribed by 
Ordinance of the Ministry of Trade, Industry and Energy.  
[This Article Wholly Amended by Act No. 1275 3, Jun. 11, 2014]  
 
Article 196 (International Applications, etc. Deemed Withdrawn)   (1)  An international 
application shall be deemed withdrawn in any of the following cases:   
1.  Where the applicant ordered to amend the international application under Ar ticle 195 fails to 
do so within a specified period;  
2.  Where the applicant fails to pay an official fee for the international application within the 
period specified by Ordinance of the Ministry of Trade, Industry and Energy, and his/her 
international app lication becomes subject to Article 14 (3) (a) of the Patent Cooperation Treaty;   
 3.  Where it is found that the international application accorded an international filing date under 
Article 194 becomes subject to any subparagraph of Article 194 (1) during the period specified 
by Ordinance of the Ministry of Trade, Industry and Energy.  
(2)  If an applicant underpays any fees payable for an international application within the period 
specified by Ordinance of the Ministry of Trade, Industry and Energy, and hi s/her international 
application becomes subject to Article 14 (3) (b) of the Patent Cooperation Treaty, the designation 
of the designated state for which the applicant fails to pay the fees shall be deemed withdrawn.  
(3)  If an international application or  the designation of some of the designated states is deemed 
withdrawn under paragraph (1) or (2), the Commissioner of the Korean Intellectual Property 
Office shall notify the applicant thereof.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 197 (Representative, etc.)   (1)  If at least two applicants jointly file  an international 
application, the procedures prescribed under Articles 192 through 196 and 198 may be initiated 
by the representative of the applicants.  
(2)  If at least two applicants jointly file an international application without appointing a 
repres entative, the representative may be designated in the manner prescribed by Ordinance of 
the Ministry of Trade, Industry and Energy.  
(3)  If an applicant intends to authorize an agent to initiate the procedure referred to in 
paragraph (1), he/she shall appo int a patent attorney as his/her agent, except where the applicant 
is represented by a legal representative under Article 3.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 198 (Official Fees)   (1)  A person who intends to file an in ternational application shall 
pay official fees therefor.  
(2)  Official fees referred to in paragraph (1), the method and period for payment thereof, and 
other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and 
Energ y. 
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 198 -2 (International Searches and International Preliminary Examination)   (1)  The 
Korean Intellectual Property Office shall perform duties as an international search authority and 
international preliminary examination authority for international applications under the 
agreement entered into with the International Bureau (hereinafter referred to as the  
 "International Bureau") defined under Article 2 (xix) of the Patent Cooperation Tre aty.   
(2)  Matters necessary for performing duties referred to in paragraph (1) shall be prescribed by 
Ordinance of the Ministry of Trade, Industry and Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
SECTION 2 Special Provisions on International Patent Applications  
 
Article 199 (Patent Applications based on International Applications)   (1)  An international 
application allocated an international filing date under the Patent Cooperation Treaty that has 
designated the Republic of Korea as a designated state to obtain a patent in the Republic of Korea 
shall be deemed a patent application filed on the international filing date.   
(2) Articles 42 -2, 42 -3, and 54 shall not apply to an international application deemed a patent 
application under paragraph (1) (hereinafter referred to as "international patent application").  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 200 (Special Provisions concerning Inventions Not Deemed Publicly Known, 
etc.) Notwithstanding Article 30 (2), a person who seeks the benefit of Article 30 (1) 1 for an 
invention claimed in an international patent application may submit a written statement of such 
intention and documents evidencing relevant facts to the Commissioner of the Korean Intellectual 
Property Office within the period specified by Ordinance of the Ministry of Trade, Industry and 
Energ y.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 200 -2 (Applications, etc. Substituted by International Patent Applications)   (1)  An 
application filed by the international filing date of an international patent application shall be 
deemed a patent application filed under Article 42 (1).  
(2)  A description of an invention, claims, and drawings submitted by the international filing date 
of an international patent application shall be deemed the specification and drawings initially 
accompanying a patent application filed under Article 42 (1).  
(3)  In any of the following cases, the abstract or Korean translation of an international patent 
application shall be deemed an abstract under Article 42 (2):  
1.  If the abstract of an international patent application is written in Korean: The abstract of the 
international patent application;  
2.  If the abstract of an international patent application is written in a foreign language: The 
Korean translation of th e abstract of the international patent application submitted under  
 Article 201 (1) (referring to the last submitted Korean translation of the abstract of the 
international patent application, if a subsequent Korean translation has been submitted under 
the main sentence of Article 201 (3)).  
[This Article Newly Inserted by Act No. 12753, Jun. 11, 2014]  
 
Article 201 (Korean Translations of International Patent Applications)   (1)  An applicant 
who has filed an international patent application in a foreign langu age shall submit, to the 
Commissioner of the Korean Intellectual Property Office, a Korean translation of the following 
documents within two years and seven months from the priority date (hereinafter referred as 
"priority date") defined under Article 2 (xi ) of the Patent Cooperation Treaty (hereinafter referred 
to as "period for submitting domestic documents"): Provided, That if an applicant has submitted a 
document under Article 203 (1) to request the extension of the period for submitting the Korean 
trans lation, during the period commencing one month before the expiration of the period for 
submitting domestic documents until the expiration of the period (excluding where a Korean 
translation is submitted before submitting the document), the Korean translati on may be 
submitted by not later than one month from the expiration of the period for submitting domestic 
documents:   
1.  A Korean translation of a description of the invention, claims, and drawings (limited to the 
captions in the drawings) submitted by t he international filing date;  
2.  A Korean translation of the abstract of the international patent application.  
(2)  Notwithstanding paragraph (1), if an applicant who filed an international patent application 
in a foreign language has amended any of the c laims under Article 19 (1) of the Patent 
Cooperation Treaty, the applicant may submit a Korean translation of the amended claims in lieu 
of the Korean translation of the claims filed by the international filing date.  
(3)  An applicant who has submitted a K orean translation under paragraph (1) may submit a 
new translation replacing such Korean translation during the period for submitting domestic 
documents (referring to an extension for submitting domestic documents, if the applicant has 
submitted the statem ent of his/her intention under the proviso to paragraph (1); the same shall 
apply hereafter in this Article): Provided, That the foregoing shall not apply where the applicant 
has filed a request for examination of the application.  
(4)  If an applicant refe rred to in paragraph (1) fails to submit a Korean translation of a 
description of the invention and the claims under paragraph (1) within the period for submitting 
domestic documents, the applicant shall be deemed to have withdrawn his/her international 
patent application.  
(5)  If a patent applicant submits a Korean translation (referring to the last submitted Korean  
 translation, if a subsequent Korean translation has been submitted under the main sentence of 
paragraph (3); hereafter referred to as "final K orean translation" in this Article) of a description of 
the invention, claims, or drawings (limited to the captions in the drawings) under paragraph (1) 
by the last date of the period for submitting domestic documents (referring to the filing date of a 
petition, if the patent applicant files a request for examination of the application during the period 
for submitting domestic documents; hereinafter referred to as "reference date"), the patent 
applicant shall be deemed to amend the description of the invent ion, claims, or drawings on the 
international filing date under Article 47 (1) according to a final Korean translation.  
(6)  A patent applicant may correct any error in a final Korean translation in the manner 
prescribed by Ordinance of the Ministry of Tra de, Industry and Energy during the period in which 
the patent applicant is permitted to make amendments under Article 47 (1) or 208 (1). In such 
cases, paragraph (5) shall not apply to a corrected Korean translation.  
(7) Article 204 (1) and (2) shall not a pply where a Korean translation of the amended claims is 
submitted under paragraph (2).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 202 (Special Provisions concerning Priority Claims by Patent Applications, etc.)   (1) 
Articles 55  (2) and 56 (2) shall not apply to international patent applications.  
(2)  If a patent application claiming priority is an international application, "specification or 
drawings accompanying the initial patent application" in Article 55 (4) shall be constr ued as 
“description of the invention, claims, or drawings submitted by the international filing date," and 
"laid open" shall be construed as "laid open or published internationally under Article 21 of the 
Patent Cooperation Treaty," respectively, for the p urposes of the aforesaid paragraph: Provided, 
That Article 55 (4) shall not apply where such an international patent application is deemed 
withdrawn under Article 201 (4).  
(3)  For the purposes of Article 55 (1) and (3) through (5) and Article 56 (1), the following shall 
apply if an earlier application is an international patent application or an international application 
for registration of a utility model under Article 34 (2) of the Utility Model Act:  
1.  "Specification or drawings accompanying an initial  application" in the main sentence of Article 
55 (1) excluding the subparagraphs, Article 55 (3), and the main sentence of Article 55 (5) 
excluding the subparagraphs shall be construed as either of the following:  
(a)  If the earlier application is an inter national patent application: "Description of the 
invention claimed in the international application, the scope of claims, or drawings submitted 
by the international filing date";  
(b)  If the earlier application is an international application for registrat ion of a utility model  
 under Article 34 (2) of the Utility Model Act: "Description of the design claimed in the 
international application, the scope of claims, or drawings submitted by the international 
filing date";  
2.  "Specification or drawings initiall y accompanying the earlier application" in Article 55 (4) 
shall be construed as either of the following, and "laid open" shall be construed as "laid open or 
published internationally under Article 21 of the Patent Cooperation Treaty" with respect to the 
earlier application:  
(a)  If the earlier application is an international patent application: "Description of the 
invention claimed in the earlier application, the scope of claims , or drawings, filed by the 
international filing date as an international application";  
(b)  If the earlier application is an international application for registration of a utility model 
under Article 34 (2) of the Utility Model Act: "Description of the d esign claimed in the earlier 
application filed by the international filing date as an international application, the scope of 
claims, or drawings";  
3.  "At the time one year and three months elapse from the filing date of the earlier application" 
in the ma in sentence of Article 56 (1) excluding the subparagraphs shall be construed as "after 
the lapse of one year and three months from the international filing date or the reference date 
under 201 (5) of this Act or Article 35 (5) of the Utility Model Act, whi chever comes later."  
(4)  For the purposes of Article 55 (1) and (3) through (5) and Article 56 (1), the following shall 
apply if the earlier application filed under Article 55 (1) is an international patent application 
deemed a patent application under Ar ticle 214 (4) of this Act or an application for registration of a 
utility model under Article 40 (4) of the Utility Model Act:  
1.  "Specification or drawings accompanying an initial application" in the main sentence of Article 
55 (1) excluding the subparag raphs, Article 55 (3), and the main sentence of Article 55 (5) 
excluding the subparagraphs shall be construed as either of the following:  
(a)  If the earlier application is an international patent application deemed a patent application 
under Article 214 ( 4): "Description of the invention claimed in the earlier application, the 
scope of claims, or drawings on the date that would have been recognized as the international 
filing date under Article 214 (4)";  
(b)  If the earlier application is an international application deemed an application for 
registration of a utility model under Article 40 (4) of the Utility Model Act: "Description of the 
design claimed in the international application, the scope of claims, or drawings on the date 
that would have been reco gnized as the international filing date under Article 40 (4) of the 
Utility Model Act";  
2.  "Specification or drawings initially accompanying the earlier application" in Article 55 (4) 
shall be construed as either of the following:   
 (a)  If the earlier appl ication is an international patent application deemed a patent application 
under Article 214 (4): "Description of the invention claimed in the earlier application filed as 
an international application, the scope of claims, or drawings on the date that woul d have 
been recognized as the international filing date under Article 214 (4)";  
(b)  If the earlier application is an international application deemed an application for 
registration of a utility model under Article 40 (4) of the Utility Model Act: "Descri ption of the 
design claimed in the earlier application filed as an international application, the scope of 
claims, or drawings on the date that would have been recognized as the international filing 
date under Article 40 (4) of the Utility Model Act";  
3.  "At the time one year and three months lapse from the filing date" in the main sentence of 
Article 56 (1) excluding the subparagraphs shall be construed as "after the lapse of one year and 
three months from the date that would have been recognized as the i nternational filing date 
under Article 214 (4) of this Act or Article 40 (4) of the Utility Model Act or the date when a 
decision is made under Article 214 (4) of this Act or Article 40 (4) of the Utility Model Act, 
whichever comes later."  
[This Article Wh olly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 203 (Submission of Documents)   (1)  An international patent applicant shall submit to 
the Com missioner of the Korean Intellectual Property Office, the following matters in writing 
within the period for submitting domestic documents. In such cases, an applicant who has filed an 
international patent application in a foreign language shall also submi t a Korean translation of the 
international patent application under Article 201 (1):  
1.  The name and domicile of the applicant (if the applicant is a corporation, its name and place of 
business);  
2.  The name and the domicile or place of business of an agent, if the applicant is represented by 
an agent (if the agent is a patent firm or a limited -liability patent firm, its name and place of 
business, and the name of the designated patent attorney);  
3.  The title of the invention;  
4.  The name and domicile  of the inventor;  
5.  The international filing date and the international application number.  
(2)  If an applicant requests an extension of the period for submitting the Korean translation 
under the proviso to Article 201 (1) by the document submitted unde r the former part of 
paragraph, the applicant need not submit a Korean translation, notwithstanding the latter part of 
paragraph (1).  
(3)  The Commissioner of the Korean Intellectual Property Office shall request an applicant to  
 make an amendment within a specified period in either of the following circumstances:  
1.  Where an applicant fails to submit the document required under the former part of paragraph 
(1) during the period for submitting domestic documents;  
2.  Where the document  submitted under the former part of paragraph (1) does not comply with 
the formalities prescribed by this Act or by an order issued under this Act;  
(4)  If a person requested to make an amendment under paragraph (3) fails to do so within a 
specified period , the Commissioner of the Korean Intellectual Property Office may invalidate the 
international patent application filed by the person.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 204 (Amendments after Receipt of International Sea rch Reports)   (1)  If an 
international patent applicant amends any of the claims in his/her international patent 
application after having received the international search report under Article 19 (1) of the Patent 
Cooperation Treaty, he/she shall submit th e following documents to the Commissioner of the 
Korean Intellectual Property Office by the reference date (referring to the date when a request for 
examination of the application is filed, if the reference date is the filing date of the request for the 
examination of the application; the same shall apply hereafter in this Article and Article 205):   
1.  If he/she has filed an international application in a foreign language: A Korean translation of 
the amendment;  
2.  If he/she has filed an international app lication in Korean: A copy of the amendment.  
(2)  When a Korean translation or a copy of an amendment is submitted under paragraph (1), the 
claims referred to in Article 47 (1) shall be deemed amended as stated in the Korean translation 
or said copy of the  amendment: Provided, That the claims shall be deemed amended as stated in 
the amendment, if the amendment (limited to where an international patent application has been 
filed in Korean) reaches the Korean Intellectual Property Office by the reference date  under 
Article 20 of the Patent Cooperation Treaty.  
(3)  Where an international patent applicant has filed with the International Bureau, a brief 
statement under Article 19 (1) of the Patent Cooperation Treaty, he/she shall submit the following 
documents t o the Commissioner of the Korean Intellectual Property Office by the reference date:  
1.  If he/she has filed an international application in a foreign language: A Korean translation of 
the brief statement;  
2.  If he/she has filed an international applicati on filed in Korean: A copy of the brief statement.  
(4)  If an international patent applicant fails to take the procedure under paragraph (1) or (3) by 
the reference date, the amendment or brief statement prescribed under Article 19 (1) of the 
Patent Cooper ation Treaty shall be deemed never submitted: Provided, That the foregoing shall  
 not apply where the amendment or brief statement of an international patent application filed in 
Korean reaches the Korean Intellectual Property Office by the reference date u nder Article 20 of 
the Patent Cooperation Treaty.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 205 (Amendments before Preparation of International Preliminary Examination 
Reports)   (1)  Where an international patent applicant amen ds the description of the invention 
claimed in his/her international patent application, the claims, or drawings under Article 34 (2) 
(b) of the Patent Cooperation Treaty, he/she shall submit the following documents to the 
Commissioner of the Korean Intell ectual Property Office by the reference date:  
1.  If the amendment is in a foreign language: A Korean translation of the amendment;  
2.  If the amendment is in Korean: A copy of the amendment.  
(2)  When a Korean translation or a copy of an amendment is sub mitted under paragraph (1), the 
specification or drawings referred to in Article 47 (1) shall be deemed amended as stated in the 
Korean translation or copy of the amendment: Provided, That if such amendment (limited to 
where the amendment is in Korean) is delivered to the Korean Intellectual Property Office by the 
reference date under Article 36 (3) (a) of the Patent Cooperation Treaty, the specification or 
drawings shall be deemed amended as stated in the amendment.  
(3)  If an international patent applican t fails to take the procedure under paragraph (1) by the 
reference date, the amendment referred to in Article 34 (2) (b) of the Patent Cooperation Treaty 
shall be deemed never submitted: Provided, That the foregoing shall not apply where the 
amendment (lim ited to where the amendment is in Korean) is delivered to the Korean Intellectual 
Property Office by the reference date under Article 36 (3) (a) of the Patent Cooperation Treaty.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 206 (S pecial Provisions concerning Patent Administrators for Overseas Residents)   
(1)  Notwithstanding Article 5 (1), an overseas resident who has filed an international patent 
may initiate a patent -related procedure by the reference date, unless represented by a patent 
administrator.  
(2)  An overseas resident who has submitted a Korean translation under Article 201 (1) shall 
appoint a patent administrator and report the appointment to the Commissioner of the Korean 
Intellectual Property Office by the deadline s pecified by Ordinance of the Ministry of Trade, 
Industry and Energy.  
(3)  An international application shall be deemed withdrawn if the appointment of a patent 
administrator is not reported under paragraph (2).   
 [This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 207 (Special Provisions concerning Timing and Effects of Laying Open Applications)   
(1)  Where Article 64 (1) applies to laying -open of an international patent application, "after the 
lapse of one year and six months from the date specified in any of the following" shall be 
construed as "after the end of the period for submitting domestic documents (referring to an 
extension for submitting a Korean translation, if a written request for a n extension of such period 
has been submitted under the proviso to Article 201 (1) excluding the subparagraphs; the same 
shall apply hereafter in this paragraph) (or after the lapse of one year and six months from the 
priority date or the filing date of a request for examination of the application, whichever comes 
later, if an international patent application is published internationally under Article 21 of the 
Patent Cooperation Treaty after the international patent applicant files a request for examinatio n 
of the application during the period for submitting domestic documents)."  
(2)  Notwithstanding paragraph (1), if an international patent application filed in Korean has 
been published internationally under Article 21 of the Patent Cooperation Treaty bef ore the 
application is laid open under paragraph (1), the international patent application shall be deemed 
laid open at the time of international publication.  
(3)  After an international patent application is published (referring to international publicati on 
under Article 21 of the Patent Cooperation Treaty, if the international patent application is in 
Korea; hereafter the same shall apply in this Article), the international patent applicant may issue 
a person who has commercially or industrially executed the invention a written warning that an 
international patent application is pending for the invention.  
(4)  The applicant of an international patent application may claim compensation, equivalent to 
an amount to which he/she is usually entitled for executi ng the patented invention, against a 
person who has commercially or industrially executed the invention claimed in the international 
patent application even after receiving a written warning under paragraph (1) or knowing that 
the international patent appl ication for the invention has been published, for a period from the 
time the person receives the written warning, or becomes aware thereof until the time the grant 
of the patent is registered: Provided, That the right to claim compensation may be exercised  only 
after the grant of the patent on the invention is registered.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 208 (Special Provisions concerning Amendments, etc.)   (1)  Notwithstanding Article 
47 (1), no international patent ap plication may be amended (excluding amendments under 
Articles 204 (2) and 205 (2)), unless all of the following requirements are satisfied: <Amended by  
 Act No. 12753, Jun. 11, 2014>  
1.  Official fees are to be fully paid under Article 82 (1);  
2.  A Korean  translation is to be submitted under Article 201 (1): Provided, That the foregoing 
shall not apply to an international patent application filed in Korean;  
3.  The reference date shall have passed (referring to the filing date of a request for examination 
of the application, if filing date of a request for examination of an application is the reference 
date).  
(2)  Deleted. <by Act No. 6411, Feb. 3, 2001>  
(3)  When the former part of Article 47 (2) applies to the amendable scope of an international 
patent ap plication filed in a foreign language, "specification or drawings accompanying the initial 
patent application" shall be construed as "description of the invention, the scope of claims, or 
drawings submitted by the international filing date." <Amended by Ac t No. 12753, Jun. 11, 2014>  
(4)  Where the latter part of Article 47 (2) applies to the amendable scope  of an international 
patent application filed in a foreign language, "patent application in a foreign language" shall be 
construed as "international patent application in a foreign language," and "final Korean translation 
(referring to the corrected Korean  translation, if a correction is made under the former part of 
Article 42 -3 (6)) or the drawings (excluding captions in the drawings) accompanying the initial 
patent application" as "final Korean translation under Article 201 (5) (referring to the correcte d 
Korean translation, if a correction is made under the former part of Article 201 (6)) or the 
drawings (excluding captions in the drawings) submitted by the international filing date," 
respectively. <Newly Inserted by Act No. 12753, Jun. 11, 2014>  
(5)  De leted. <by Act No. 6411, Feb. 3, 2001>  
 
Article 209 (Restriction on Timing for Conversion of Applications) Notwithstanding Article 53 
(1) of this Act, if an applicant intends to convert his/her international application deemed an 
application for registering  a utility model filed on the international filing date under Article 34 (1) 
of the Utility Model Act into a patent application, he/she may do so only after he/she fully pays the 
official fees under Article 17 (1) of the Utility Model Act, and submits the Korean translation (not 
applicable to an international application for registering a utility model filed in Korean) under 
Article 35 (1) of the aforesaid Act (or after a decision is rendered under Article 40 (4) of the Utility 
Model Act, if the converted i nternational application is deemed filed on the date that would have 
been recognized as the international filing date under the aforesaid paragraph of the aforesaid 
Act).  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
  
 Article 210 (Restrict ion on Timing for Filing Requests for Examination of 
Applications) Notwithstanding Article 59 (2), a request for examination of an international patent 
application may be filed only at either of the following times:  
1.  After a Korean translation is submitt ed under Article 201 (1) (excluding an international 
patent application filed in Korean) and official fees under Article 82 (1) are fully paid, if the 
request is made by the international patent applicant;  
2.  After the lapse of the period for submitting d omestic documents (referring to an extension for 
submitting Korean translations, if a written request has been filed for an extension of such 
period under the proviso to Article 201 (1) excluding the subparagraphs), if the request is made 
by a person other  than an international patent applicant.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 211 (Orders to Submit References Cited in International Search Reports, etc.)  
The Commissioner of the Korean Intellectual Property Office may require an international patent 
applicant to submit copies of the references cited in the international se arch report under Article 
18 of the Patent Cooperation Treaty, or the international preliminary examination report under 
Article 35 of the aforesaid Treaty by a specified deadline.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 212 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
Article 213 Deleted. <by Act No. 12753, Jun. 11, 2014>  
 
Article 214 (International Applications Decided as Patent Applications)   (1)  In any of the 
following cases, an international application (limited to a paten t application) that includes the 
Republic of Korea as a designated state under Article 4 (1) (ii) of the Patent Cooperation Treaty, 
the applicant of the international application may request the Commissioner of the Korean 
Intellectual Property Office to de cide as provided for in Article 25 (2) (a) of the aforesaid Treaty in 
the manner prescribed by Ordinance of the Ministry of Trade, Industry and Energy within the 
period specified by Ordinance of the Ministry of Trade, Industry and Energy:  
1.  Where the re ceiving Office defined under Article 2 (xv) of the Patent Cooperation Treaty has 
refused as provided for in Article 25 (1) (a) of the same Treaty regarding the international 
application;   
 2.  Where the receiving Office defined under Article 2 (xv) of the Pa tent Cooperation Treaty has 
declared as provided for in Article 25 (1) (a) or (b) of the aforesaid Treaty regarding the 
international application;  
3.  Where the International Bureau has recognized the international application under Article 25 
(1) (a) of t he aforesaid Treaty.  
(2)  A person who intends to make a request under paragraph (1) shall submit to the 
Commissioner of the Korean Intellectual Property Office a Korean translation of a description of 
the invention, scope of claims, or drawings (limited t o the captions in the drawings), and other 
documents specified by Ordinance of the Ministry of Trade, Industry and Energy as relevant to the 
international application.  
(3)  Upon receipt of a request under paragraph (1), the Commissioner of the Korean Intel lectual 
Property Office shall decide whether the refusal, declaration, or recognition of the relevant 
application has been made appropriately in accordance with the Patent Cooperation Treaty and 
regulations thereunder.  
(4)  If the Commissioner of the Korea n Intellectual Property Office has decided under paragraph 
(3) that the refusal, declaration, or recognition has not been made appropriately in accordance 
with the Patent Cooperation Treaty and regulations thereunder, the international application at 
issue  shall be deemed a patent application filed on the date which would have been recognized as 
the international filing date, if no refusal, declaration, or recognition had been made with respect 
of the international application.  
(5)  When the Commissioner of  the Korean Intellectual Property Office makes a decision on 
appropriateness under paragraph (3), he/she shall serve a certified copy of the decision on the 
relevant international patent applicant.  
(6) Articles 199 (2), 200, 200 -2, 201 (5) through (7), 202  (1) and (2), 208, and 210 shall apply 
mutatis mutandis to international applications deemed patent applications under paragraph (4).  
(7)  For the purposes of laying open an international application deemed a patent application 
under paragraph (4), "date s pecified in any of the following" in Article 64 (1) shall be construed as 
"priority date under Article 201 (1).”  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
CHAPTER XI SUPPLEMENTARY PROVISIONS  
 
Article 215 (Special Provisions concerning Patents or Patent Rights with at Least Two Claims)   
For the purposes of Article 65 (6), 84 (1) 2 or 6, 85 (1) 1 (limited to extinguishment), 101 (1) 1,  
104 (1) 1, 3 or 5, 119 (1), 133 (2) or (3), 136 (6), 139 (1), 181, or 182 of this Act or Article 26 (1) 2, 
4, or 5 of the Utility Model Act, a patent or a patent right with at least two claims shall be deemed  
 granted for each claim. <Amended by Act No. 141 12, Mar. 29, 2016>  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 215 -2 (Special Provisions concerning Registration of Patent Applications with at Least 
Two Claims)   (1)  When a person who has received a decision on the grant of a p atent for a 
patent application with at least two claims pays registration fees, he/she may relinquish any of the 
claims individually.  
(2)  Matters necessary for relinquishing claims under paragraph (1) shall be prescribed by 
Ordinance of the Ministry of T rade, Industry and Energy.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 216 (Inspection of Documents, etc.)   (1)  A person who intends to obtain a certificate 
with respect to a patent or trial or a certified transcript or abstract  of a document or to inspect or 
photocopy the entries in Patent Register or documents may file a request therefor with the 
Commissioner of the Korean Intellectual Property Office or the President of the Korean 
Intellectual Property Trial and Appeal Board.  
(2)  Upon receipt of a request under paragraph (1), the Commissioner of the Korean Intellectual 
Property Office or the President of the Korean Intellectual Property Trial and Appeal Board may 
refuse to grant permission as requested, if the documents reque sted are related to a patent 
application, a grant of patent for which has not been registered or a patent application that has not 
been laid open, or a trial on a ruling rejecting a patent application under Article 132 -3, or if the 
requested information co mpromise public order or morality, or is likely to harm public health.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 217 (Prohibition of Disclosure, Appraisal, etc, of Documents Relating to Patent 
Applications, etc.)   (1)  Document s relating to patent applications, examinations, trials, or 
retrials or the Patent Register may be disclosed only in any of the following circumstances:  
1.  Where documents relating to patent applications or examinations are disclosed for the 
purpose of s earching prior art, etc. under Article 58 (1) or (2);  
2.  Where documents relating to patent applications, examinations, trials, and retrials or the 
Patent Register are disclosed to entrust the digitization of patent documents under Article 217 -2 
(1);  
3.  Where documents relating to patent applications, examinations, trials, and retrials or the 
Patent Register are disclosed for the online remote service under Article 32 (2) of the Electronic  
 Government Act.  
(2)  No expert opinion, testimony, or answer may b e given in response to an inquiry about a case 
for which a patent application, examination, trial, or retrial is pending, or an inquiry about a 
decision or trial ruling on whether to grant or refuse a patent, or about the details of a decision.  
[This Artic le Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 217 -2 (Agency for Digitization of Patent Documents)   (1)  If deemed necessary for 
efficiently conducting patent -related procedures, the Commissioner of the Korean Intellectual 
Property Office may entrust the digitization of documents relating to patent applications, 
examinations, trials, and retrials or the Patent Register or any similar tasks (her einafter referred 
to "digitization of patent documents") through an electronic information processing system and 
technologies applied to the electronic information processing system to a corporation equipped 
with the facilities and human resources specifie d by Ordinance of the Ministry of Trade, Industry 
and Energy. <Amended by Act No. 12753, Jun. 11, 2014>  
(2)  Deleted. <by Act No. 7871, Mar. 3, 2006>  
(3)  No current or former executive or employee of the corporation entrusted with the 
digitization of pat ent documents under paragraph (1) (hereinafter referred to as "agency 
entrusted with the digitization of patent documents") shall divulge confidential information on 
any invention claimed in a patent application he/she has become aware of in the course of 
performing his/her duties, or misappropriate such confidential information. <Amended by Act No. 
12753, Jun. 11, 2014>  
(4)  Pursuant to paragraph (1), the Commissioner of the Korean Intellectual Property Office may 
digitize patent applications not submitted  in electronic document under Article 28 -3 (1), or other 
documents specified by Ordinance of the Ministry of Trade, Industry and Energy and may store 
such documents as files of the electronic information processing system operated by the Korean 
Intellectua l Property Office or the Korean Intellectual Property Trial and Appeal Board. <Amended 
by Act No. 12753, Jun. 11, 2014>  
(5)  The data stored as files referred to in paragraph (4) shall be deemed the same as that 
recorded in the relevant paper documents. <A mended by Act No. 12753, Jun. 11, 2014>  
(6)  The methods for digitization of patent documents and other matters necessary for the 
digitization of patent documents shall be prescribed by Ordinance of the Ministry of Trade, 
Industry and Energy. <Amended by A ct No. 12753, Jun. 11, 2014>  
(7)  If the agency entrusted with the digitization of patent documents fails to meet an y of the 
standards for facilities and human resources prescribed by Ordinance of the Ministry of Trade, 
Industry and Energy under paragraph (1), the Commissioner of the Korean Intellectual Property  
 Office may request the agency to take measures for rectifi cation, or may revoke the entrustment of 
digitization of patent documents if such agency fails to take measures as requested. In such cases, 
the Commissioner of the Korean Intellectual Property Office shall provide the agency with an 
opportunity to explain  before revocation. <Amended by Act No. 12753, Jun. 11, 2014>  
[This Article Newly Inserted by Act No. 5329, Apr. 10, 1997]  
 
Article 218 (Service of Documents)  
Matters necessary for the procedure for service of documents, etc. specified in this Act shall be  
prescribed by Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 219 (Public Notice in Lieu of Service)   (1)  If it is impossible to serve a document on a 
person because his/her address or place of business of the person is unknown, public notice shall 
be given in lieu of service.  
(2)  Public notice in lieu of service shall be given by publishing the statement that the relevant 
document is available at any time for delivery to the person on whom it is to be served,  in the 
Patent Gazette.  
(3)  Initial public notice in lieu of service shall take effect two weeks after the date of publication 
in the Patent Gazette: Provided, That subsequent public notice in lieu of service to the same party 
shall take effect on the day  immediately after the date of publication in the Patent Gazette.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 220 (Service on Overseas Residents)   (1)  Documents to be served on an overseas 
resident shall be served on his/her pat ent administrator, if the overseas resident has appointed a 
patent administrator.  
(2)  Documents to be served on an overseas resident may be posted to the overseas resident by 
registered airmail, if the overseas resident has not appointed a patent adminis trator.  
(3)  Documents posted by registered airmail under paragraph (2) shall be deemed served on the 
mailing date of the documents.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 221 (Patent Gazette)   (1)  The Commissioner of the K orean Intellectual Property Office 
shall publish the Patent Gazette, as prescribed by Presidential Decree.   
(2)  The Patent Gazette may be published by electronic media, as prescribed by Ordinance of the  
 Ministry of Trade, Industry and Energy.  
(3)  If the  Patent Gazette is published by electronic media, the Commissioner of the Korean 
Intellectual Property Office shall give public notice of the issuance of the Patent Gazette, an 
executive summary thereof, and matters concerning service via information and c ommunications 
networks.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 222 (Submission, etc. of Documents)  
The Commissioner of the Korean Intellectual Property Office or an examiner may order a party to 
submit documents and articles  necessary for any procedure, other than a procedure for trial or 
retrial.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 223 (Patent Marking)  
A patentee or exclusive or non -exclusive licensee may mark his/her products as patented in any of 
the following relevant manners:  
1.  If the patent is for the invention of a thing: The patent shall be marked on the thing;  
2.  If the patent is for the inven tion of a process for manufacturing a thing: The patent shall be 
marked on the thing manufactured by the process;  
3.  If it is impossible to mark the patent on a thing: The patent shall be marked on the containers 
or packaging of the thing.  
[This Article W holly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 224 (Prohibition of False Marking) No person shall commit any of the following acts:  
1.  Marking "patented" or "patent pending" or any similar misleading word on any unpatented 
thing, any thing for whi ch no patent application has been filed, any thing produced by any 
unpatented process or by any process for which no patent application has been filed, or any 
container or packaging of such thing;  
2.  Selling, leasing, or displaying a thing bearing a marki ng referred to in subparagraph 1;  
3.  Marking a thing referred to in subparagraph 1 with any such words indicating that the thing is 
patented, that a patent is pending for the thing, or that the thing has been manufactured by a 
patented process or by a pro cess for which a patent is pending or with any similar misleading 
word, in an advertisement, sign, or name tag to manufacture, use, sell, or lease the thing;  
4.  Marking any unpatented process or any process for which no patent application has been filed,  
 as "patented" or "patent pending," or any similar misleading word, in an advertisement, sign, or 
name tag to use, sell, or lease the process.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 224 -2 (Unappealability)   (1)  No appeal may  be filed under any other Act against a 
decision dismissing an amendment without prejudice, a decision or trial ruling on patentability, or 
a decision dismissing a petition for trial or retrial without prejudice, and no appeal may be filed 
under any other Act against any disposition against which no appeal is permitted under this Act.   
(2)  An appeal against any disposition, other than those referred to in paragraph (1), shall be 
governed by the Administrative Appeals Act or the Administrative Litigation A ct. 
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 224 -3 (Orders to Maintain Confidentiality)   (1)  If a party establishes a prima facie case 
of the party's trade secret on any of the following grounds in legal proceedings on infrin gement of 
a patent or exclusive license, the court may, upon the party's request, order the other party (if the 
party is a corporation, its representative), the person who represents the other party in the legal 
proceedings, or any other person who becomes  aware of the trade secret in the course of the legal 
proceedings not to use the trade secret for any purpose other than continuance of the legal 
proceedings, and not to disclose the trade secret to any person other than the persons in receipt of 
the order  under this paragraph in connection with the trade secret: Provided, That the foregoing 
shall not apply where the other party (if the party is a corporation, its representative), the person 
who represents the other party in the legal proceedings, or any ot her person who becomes aware 
of the trade secret in the course of the legal proceedings has already acquired the trade secret by 
any means other than inspection of trial briefs and examination of evidence referred to in 
subparagraph 1 before the request is  filed: <Amended by Act No. 14112, Mar. 29, 2016>  
1.  The trade secret is included in a trial brief already submitted or to be submitted, in an 
evidentiary material already examined or to be examined, or materials submitted or to be 
submitted pursuant to Article 132 (3);  
2.  The trade secret referred to in subparagraph 1 is likely to hinder the party's business 
operations, if used or disclosed for any purpose other than the continuance of the relevant legal 
proceedings, and thus the use or disclosure of su ch trade secret needs to be restricted to 
prevent such hindrance.  
(2)  A request for an order under paragraph (1) (hereinafter referred to as "order to maintain 
confidentiality") shall be filed in writing, stating the following matters:  
1.  The person to w hom the order to maintain confidentiality shall be issued;   
 2.  Fa cts sufficient for specifying the trade secret to be protected by the order to maintain 
confidentiality;  
3.  The facts relevant to the ground under any subparagraph of paragraph (1).  
(3)  When a court decides to issue an order to maintain confidentiality, it shall serve a written 
decision on the persons to whom the order to maintain confidentiality is issued.  
(4)  An order to maintain confidentiality shall take effect when the written decision under 
paragraph (3) is served on the persons to whom the order to maintain confidentiality is issued.  
(5)  An immediate appeal may be filed against a decision to reject a request for an order to 
maintain confidentiality, with or without prejudice.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 224 -4 (Revocation of Orders to Maintain Confidentiality)   (1)  If a person who has 
filed a request for an order to maintain confidentiality or a person to whom an order to maintain 
confidentiality was issued fails or ceases to meet any of the requirements prescribed under Article 
224 -3 (1), he/she may file a request to revoke the order to maintain confidential ity with the court 
that keeps the relevant litigation records (or the court that issued the order to maintain 
confidentiality, if no court keeps the litigation records).   
(2)  When a court makes a decision on a request to revoke an order to maintain confi dentiality, it 
shall serve a written decision on the applicant for request and adverse parties.  
(3)  An immediate appeal may be filed against a decision on revocation of an order to maintain 
confidentiality.  
(4)  A decision to revoke an order to maintain c onfidentiality shall take effect when it becomes 
final and conclusive.  
(5)  When a court decides to revoke an order to maintain confidentiality, it shall immediately 
notify the persons to whom the order to maintain confidentiality of the relevant trade sec ret was 
issued, of the fact that a decision is made to revoke the order to maintain confidentiality, in 
addition to the applicant for request to revoke the order to maintain confidentiality and adverse 
parties.  
[This Article Wholly Amended by Act No. 12753 , Jun. 11, 2014]  
 
Article 224 -5 (Notice, etc. on Request for Inspection, etc. of Litigation Records)   (1)  If a 
decision under Article 163 (1) of the Civil Procedure Act is rendered with respect to litigation 
records concerning legal proceedings in which a n order to maintain confidentiality had been 
issued (excluding legal proceedings in which an order to maintain confidentiality has been 
revoked), and an applicant for request to inspect confidential records, etc. defined under the  
 aforesaid paragraph is no t subject to the order to maintain confidentiality in the relevant legal 
proceedings, a Grade IV, V, VI, or VII court official (hereafter referred to as "court official" in this 
Article) shall notify the applicant for request under Article 163 (1) of the C ivil Procedure Act 
(excluding the applicant for request for inspection, etc.; hereafter the same shall also apply in 
paragraph (3)) of the fact that the request for inspection, etc. was filed immediately after the 
request.  
(2)  In cases falling under para graph (1), no court official shall permit inspection, etc. of 
confidential records under paragraph (1) by an applicant for request therefor before two weeks 
elapse from the filing date of the request under paragraph (1) (or before the date when the 
decisio n on the request to issue an order to maintain confidentiality to the applicant for request 
under paragraph (1) becomes final and conclusive, if the request for the order to maintain 
confidentiality was filed before the date).  
(3)  Paragraph (2) shall not apply where an applicant for request for inspection, etc. under 
paragraph (1) is permitted to inspect the confidential records under paragraph (1) with the 
consent of all parties who filed a request under Article 163 (1) of the Civil Procedure Act.  
[This A rticle Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
CHAPTER XII PENALTY PROVISIONS  
 
Article 225 (Infringement)   (1)  Any person who infringes a patent or an exclusive license shall 
be punished by imprisonment with labor for not more than seven years or  by a fine not exceeding 
100 million won.   
(2)  No person shall be prosecuted for committing a crime under paragraph (1) without a 
criminal complaint filed by the injured party.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 226 (Divulgence of Confidential Information, etc.)  
Any current or former employee of the Korean Intellectual Property Office or the Korean 
Intellectual Property Trial and Appeal Board who divulges or misappropriates confidential 
information he/she has become aware of regarding an invention claimed in a pending patent 
(including an invention claimed in a pending international patent application) in the course of 
performing his/her duties shall be punished by imprisonment with labor for not more than five 
years, or by a fine not exceeding 50 million won.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
  
 Article 226 -2 (Executives and Employees of Specialized Agencies, etc. Deemed Public 
Officials)  
Any current or former executive or employee  of a specialized agency designated under Article 58 
(1), or an agency for digitization of patent documents shall be deemed a current or former 
employee of the Korean Intellectual Property Office or the Korean Intellectual Property Trial and 
Appeal Board f or the purposes of Article 226.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 227 (Perjury)   (1)  Any witness, expert witness, or interpreter who makes a false 
statement under oath taken under this Act in his/her testimony, expert opinion, or interpretation 
before the Korean Intellectual Property Trial and Appeal Board shall be punished by 
imprisonment with labor for not more than five years or by a fine not exceeding ten million won.  
(2)  If a person who has committed a crime pres cribed under paragraph (1) confesses before the 
trial ruling on the relevant case becomes final and conclusive, the sentence upon him/her may be 
mitigated or remitted.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 228 (False Markin g) 
Any person who violates Article 224 shall be punished by imprisonment with labor for not more 
than three years, or by a fine not exceeding 20 million won.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 229 (Fraud)  
Any person who obtains a patent, registration of an extension of a patent, or a trial ruling by fraud 
or other improper means shall be punished by imprisonment with labor for not more than three 
years or by a fine not exceeding 20 million won.  
[This Article Wholly Amende d by Act No. 12753, Jun. 11, 2014]  
 
Article 229 -2 (Breaches of Orders to Maintain Confidentiality)   (1)  Any person who breaches 
an order to maintain confidentiality issued under Article 224 -3 (1), inside or outside of the 
Republic of Korea, without just g rounds shall be punished by imprisonment with labor for not 
more than five years or by a fine not exceeding 50 million won.  
(2)  No person shall be prosecuted for committing a crime under paragraph (1) without a 
criminal complaint filed by the person who has requested to issue the order to maintain  
 confidentiality.  
[This Article Newly Inserted by Act No. 11117, Dec. 2, 2011]  
 
Article 230 (Joint Penalty Provisions)  
If the representative of a corporation or an agent, employee, or other servant of the corpora tion or 
an individual commits an offence prescribed under Article 225 (1), 228, or 229 in connection with 
the business of the corporation or the individual, not only shall such offender be punished, but the 
corporation also shall be punished by the fine pr escribed in the following subparagraph, and the 
individual by the fine prescribed in the relevant Article: Provided, That the foregoing shall not 
apply where such corporation or individual has not been negligent in giving due attention and 
supervision conc erning the relevant business to prevent such offence:  
1.  For a violation of Article 225 (1): A fine not exceeding 300 million won;  
2.  For a violation of Article 228 or 229: A fine not exceeding 60 million won.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 231 (Confiscation, etc.)   (1)  Any thing created by an infringement prescribed under 
Article 225 (1) or a ny thing obtained by such infringement shall be confiscated or ordered to be 
delivered to the injured party upon the injured party’s request.  
(2)  If the injured party accepts the thing delivered under paragraph (1), he/she may claim 
damages only for the portion exceeding the value of the thing.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
Article 232 (Administrative Fines)   (1)  Any of the following persons shall be punished by an 
administrative fine not exceeding 500,000 won:  
1.  A person who makes a false statement before the Korean Intellectual Property Trial and 
Appeal Board under oath taken under Article 299 (2) or 367 of  the Civil Procedure Act;  
2.  A person who has been ordered by the Korean Intellectual Property Trial and Appeal Board to 
submit or present a document or any other thing in connection with examination or 
preservation of evidence, but fails to comply with t he order without just grounds;  
3.  A person who has been summoned by the Korean Intellectual Property Trial and Appeal 
Board to appear as a witness, expert witness, or interpreter, but fails to comply with the 
summon, or refuses to take an oath or make a s tatement as a witness, expert, or interpreter, 
without just grounds.  
(2)  Administrative fines referred to in paragraph (1) shall be imposed and collected by the  
 Commissioner of the Korean Intellectual Property Office, as prescribed by Presidential Decree.  
[This Article Wholly Amended by Act No. 12753, Jun. 11, 2014]  
 
 
 
ADDENDA  <No. 4207, 13. Jan, 1990>  
Article 1 (Enforcement Date)  
This Act shall enter into force on September 1, 1990: Provided, That matters concerning Chapter II 
of the Patent Cooperation Tr eaty as prescribed in Articles 201, 205 and 211 shall enter into force 
on the day on which Chapter II of the Patent Cooperation Treaty takes effect to the Republic of 
Korea.  
Article 2 (General Transitional Measures)  
Except as otherwise provided for in Articles 3 through 9 of this Addenda, this Act shall also apply 
to matters having taken place before this Act enters into force: Provided, That any effect produced 
pursuant to the previous provisions shall not be affecte d. 
Article 3 (Transitional Measures concerning Patent Application, etc.)  
The examination as to a patent application and the appellate trial as to a refusal ruling, which are 
made before this Act enters into force, shall be governed by the previous provisio ns. 
Article 4 (Transitional Measures concerning Trial, etc. on Patent for which Right is 
established)  
The trial, appellate trial, review and lawsuit on a patent for which a right is established on the 
basis of a patent application filed before this Act ent ers into force, shall be governed by the 
previous provisions.  
Article 5 (Transitional Measures concerning Submission of Priority Evidentiary Documents 
under Treaty)  
The period for submitting priority evidentiary documents of a patent application which requ ests a 
priority to the Republic of Korea before this Act enters into force, shall be governed by the 
previous provisions.  
Article 6 (Transitional Measures concerning Rejection of Correction)  
Any correction made before this Act enters into force shall be go verned by the previous 
provisions.  
Article 7 (Transitional Measures concerning Duration of Patent Right)  
The duration of any patent right established before this Act enters into force and that established 
by patent application shall be governed by the prev ious provisions.   
 Article 8 (Transitional Measures concerning Expropriation, etc. of Patent Right)  
Any disposition or lawsuit on restriction, expropriation, revocation, or embodiment of a patent 
right, which is requested before this Act enters into force, s hall be governed by the previous 
provisions.  
Article 9 (Transitional Measures concerning Procedure, Expenses and Compensation for 
Losses, etc. of Trial)  
The procedure, expenses and compensation for losses, etc. concerning any trial, appellate trial, 
review  and lawsuit, which are requested before this Act enters into force, shall be governed by the 
previous provisions.  
 
 
 
ADDENDA  <No. 4541, 06. Mar, 1993>  
Article 1 (Enforcement Date)  
This Act shall enter into force on the date of its promulgation. (Proviso O mitted.)  
Articles 2 through 5 Omitted.  
 
 
 
ADDENDA  <No. 4594, 10. Dec, 1993>  
(1)  (Enforcement Date) This Act shall enter into force on January 1, 1994.  
(2)  (Transitional Measures concerning Period for Refund of Patent Fees, etc.) Patent fees and 
official fees erroneously paid before this Act enters into force, shall be refunded under the former 
provisions.  
(3)  (Applicability to Refund of Patent Fees) Th e amended provisions of Article 84 (1) 2 and 3 
concerning the refund of patent fees due to a final decision on nullity of a patent, shall apply to 
those on which a decision on nullity becomes conclusive after this Act enters into force.  
 
 
  
 ADDENDA  <No. 4757, 24. Mar, 1994>  
Article 1 (Enforcement Date)  
This Act shall enter into force on the date of its promulgation.  
Articles 2 through 5 Omitted.  
 
 
 
ADDENDA  <No. 4892, 05. Jan, 1995>  
Article 1 (Enforcement Date)  
This Act shall enter into force on Marc h 1, 1998.  
Article 2 (Transitional Measures on Cases Pending)  
(1)  Any case for which a request for trial has been made or a case pending for which a request 
for appellate trial against a ruling of refusal, decision of revocation, or a decision of rejectio n for 
correction before this Act enters into force shall be deemed to have made a request against a trial 
with the Korean Intellectual Property Trial and Appeal Board and to have been pending therein. 
<Amended by Act No. 5329, Apr. 10, 1997>  
(2)  Any case for which a request for trial and decision has been made or a case pending for 
which a request for immediate appeal against a decision of dismissal for request for trial before 
this Act enters into force shall be deemed to have brought a litigation against  the Patent Court 
under this Act and to have been pending therein.  
Article 3 (Transitional Measures on Cases against which Dissatisfactions may be Brought)  
(1)  Any litigation may be brought against a case on which a trial, a decision of rejection for 
requ est for trial, a ruling of refusal, or a decision of dis missal for correction by an examiner as at 
the time this Act enters into force, and against which a dissatisfaction has not brought with the 
board of patent appeals under the previous provisions, wit hin 30 days from the date this Act 
enters into force, a litigation referred to in Article 186 (1) may be brought against a trial and 
decision of the trial and a decision of rejection for request for trial, and a trial referred to in Article 
132 -3 or 132 -4 may be requested against a ruling of refusal, or a decision of dismissal for 
correction by an examiner: Provided, That where any period for dissatisfaction has expired under 
the former provisions as at the time this Act enters into force, the same shall no t apply. <Amended 
by Act No. 5329, Apr. 10, 1997>  
(2)  Any dissatisfaction may be brought against a case on which a trial and decision of a trial, a 
decision of rejection for request for appellate trial and a decision of rejection for correction by the 
appellate trial judge as at the time this Act enters into force has been served, with the Supreme  
 Court within 30 days from the date this Act enters into force: Provided, That where any period for 
dissatisfaction has expired under the former provisions as at the time this Act enters into force, 
the same shal l not apply.  
(3)  Any case against which a dissatisfaction has been brought with the Supreme Court and 
which is pending therein before this Act enters into force and any case against which a 
dissatisfaction on has been brought pursuant to paragraph (2) sha ll be deemed to have been 
pending or to have been brought against the Supreme Court.  
Article 4 (Transitional Measures on Review Cases)  
Articles 2 and 3 of Addenda shall apply mutatis mutandis to any review case pending.  
Article 5 (Transfer, etc. of Documen ts) 
(1)  The Commissioner of the Korean Intellectual Property Office shall transfer documents on a 
pending case referred to in Article 2 (1) of Addenda (including those applied mutatis mutandis 
under Article 4 of Addenda) without delay to the President of the Korean Intellectual Property 
Trial and Appeal Board.  
(2)  The Commissioner of the Korean Intellectual Property Office shall transfer documents on a 
pending case referred to in Article 2 (2) of Addenda (including those applied mutatis mutandis 
under Art icle 4 of Addenda) without delay to the chief Justice of the Patent Court. In such cases, 
matters necessary for the transfer etc. of documents shall be determined by the Supreme Court 
Regulations.  
Article 6 Omitted.  
 
 
 
ADDENDA  <No. 5080, 29. Dec, 1995>  
Article 1 (Enforcement Date)  
This Act shall enter into force on July 1, 1996.  
Article 2 (Transitional Measures concerning Invention of Substance to be Manufactured by 
Nuclear Conversion Method)  
(1)  Any applicant of a patent specifying an invention of a subst ance to be manufactured by the 
nuclear conversion method, in the specification or drawings appended first to the patent 
application of those pending in the Korean Intellectual Property Office (excluding cases where a 
certified copy of the patent ruling is served), as at the time this Act enters into force, may correct 
such specification or drawings within six months after this Act enters into force.  
(2)  The correction as referred to in paragraph (1) shall be deemed the correction made prior to  
 the service of a certified copy of the decision on public announcement on application.  
Article 3 (Transitional Measures concerning Duration of Patent Right)  
(1)  This Act shall not apply to any patent right, the duration of which is terminated pursuant to 
the previous  provisions before this Act enters into force.  
(2)  The duration of the patent rights existing, or those the application of which is pending in the 
Korean Intellectual Property Office, and the duration of which is to be shortened due to the 
enforcement of this Act, as at the time this Act enters into force, shall be governed by the previous 
provisions.  
Article 4 (Special Cases for Recognition of Non -exclusive License for those Preparing 
Embodiment Project)  
(1)  In the event that the patent right to the inve ntion of substance to be manufactured by the 
nuclear conversion method is established under the amended provisions of Article 32, the person 
who is carrying on or preparing for the embodiment project of such invention is Korea before 
January 1, 1995, shall  have a non -exclusive license of the patent right to such invention, in the 
limit of the object of such invention or project which is embodied or prepared.  
(2)  In the event that the term of a patent right is extended by the enforcement of this Act, any 
person who is preparing the embodiment project of the invention in Korea before January 1, 1995, 
in anticipation of the termination of such patent right pursuant to the previous provisions, shall 
have a non -exclusive license as to such patent right, to the e xtent of the object of the invention and 
business which he/she is preparing, during the term extended by the enforcement of this Act from 
the expiration of the duration as set forth by the previous provisions.  
(3)  Any person who holds a non -exclusive lice nse under paragraphs (1) and (2), shall pay a 
considerable compensation to the patentee or exclusive licensee.  
(4)  The provisions of Article 118 (2) shall be applicable mutatis mutandis to non -exclusive 
licenses as referred to in paragraphs (1) and (2).  
Article 5 (Transitional Measures concerning Procedure and Expenses of Trial, and 
Compensation for Losses, etc.)  
The procedure, expenses, compensation for losses, etc. concerning any trial, appellate trial, review 
and lawsuit requested against any act committed before this Act enters into force, shall be 
governed by the previous provisions.  
 
 
 
ADDENDA  <No. 5329, 10. Apr, 1997>   
 Article 1 (Enforcement Date)  
This Act shall enter into force on July 1, 1997: Provided, That Articles 15 (2), 16 (1) and (2), 46, 
132 -3, 140 -2, 164 (1), 170, 171 (2), 172, 176 (1) and (2), 224 -2 of this Act and Articles 2 (1) and 3 
(1) of Addend a to the amended Patent Act, Act No. 4892 shall enter into force on March 1, 1998.  
Article 2 (Special Cases concerning Patent Objections)  
(1)  In applying Article 6, "request an appellate trial against a ruling of refusal under Article 167" 
in the same Art icle shall be construed as "request an appellate trial against a ruling of refusal or a 
decision of revocation under Article 167" until February 28, 1998.  
(2)  In applying Article 164 (1), "until the decision of another trial or appellate trial becomes 
definite" in the same paragraph shall be construed as "until a decision on a patent objection, of 
another trial or appellate trial becomes definite" until February 28, 1998.  
(3)  In applying Article 170 (1), "Articles 50, 51, 63 and 66 through 75" in the form er part of the 
same paragraph shall be construed as "Articles 51, 63 and 66" and the latter part of the same 
paragraph shall be deemed to be deleted until February 28, 1998, and in applying paragraph (3) of 
the same Article, "Article 51 (4) through (6)" in  the same paragraph shall be construed as "Article 
51 (1) and (5)" until February 28, 1998.  
(4)  In applying Article 171 (3) and (4), "ruling of refusal" in the same paragraph shall be 
construed as "ruling of refusal or decision of revocation" until Februa ry 28, 1998.  
(5)  In applying Article 172, "procedure for the patent, which was taken for the examination or 
trial" in the same Article shall be construed as "procedure for the patent, which was taken for the 
examination, patent objection or trial" until F ebruary 28, 1998.  
(6)  In applying Article 176, "shall reverse the refusal ruling or decision on trial" in the same 
Article shall be construed as "shall reverse or revoke the refusal ruling, decision of revocation or 
decision on trial" until February 28, 1 998.  
Article 3 (Transitional Measures concerning Modification of Patent Objection System)  
(1)  Any application for a patent which has been pending in the Korean Intellectual Property 
Office before this Act enters into force and on which a certified copy of  decision to publish 
application has been served, and any patent, patent right, trial or review related to the application 
for a patent on which a certified copy of decision to publish application has been served before 
this Act enters into force shall be governed by the previous provisions.  
(2)  Any application for a patent on which a copy of decision to publish application has been 
served before this Act enters into force or any application for a patent which has been filed on the 
same invention as the in vention or device described in the specification or drawings initially 
attached to the patent application after the date of application for a utility model registration shall, 
notwithstanding the amended provisions of Article 29 (3), be governed by the pre vious 
provisions.   
 Article 4 (Transitional Measures concerning Penalty Provisions)  
The application of penalty provisions to acts committed before  this Act enters into force shall be 
governed by the previous provisions.  
Article 5 Omitted.  
 
 
 
ADDENDA  <No. 5576, 23. Sep, 1998>  
Article 1 (Enforcement Date)  
This Act shall enter into force on January 1, 1999: Provided, That Articles 193 (1) and 198 -2, 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 subm ission of translations with respect to an 
international patent application made in the Korean language of Article 210, shall enter into force 
on the date when a convention which the Government of the Republic of Korea concludes with the 
International Burea u in connection with the appointment of an international search 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.  
[Effective Date of the Agreement: Dec. 1, 1999]  
Article 2 (General Transitional Measures)  
The previous provisions shall apply to a patent application made under the previous provisions as 
at the time this Act enters into force, and the patent registration, patent right, opposition to a 
patent, trial, review and litigation related thereto.  
Article 3 (Applicability to Disposition of Procedures Related to Filing of Paten t Application by 
Means of Electronic Documents)  
The amended provisions of Articles 28 -3 and 217 -2 (5) involving patent application and 
opposition -related procedures shall apply with respect to a patent application that is filed from 
January 1, 1999. <Amend ed by Act No. 6768, Dec. 11, 2002>  
Article 4 (Applicability to Requirements for Patents)  
The amended provisions of Article 29 (3) shall apply in cases where an invention for which a 
patent application is made after this Act enters into force (hereafter ref erred to as "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 this Act 
enters into force and which was laid open after the filing date of the patent application for a 
later -filed invention.  
Article 5 Omitted.  
 
 
 
ADDENDA  <No. 6024, 07. Sep, 1999>  
Article 1 (Enforcement Date)  
This Act shall enter into force on October 1, 2000. (Proviso Omitted.)  
Articles 2 through  13 Omitted.  
 
 
 
ADDENDA  <No. 6411, 03. Feb, 2001>  
(1)  (Enforcement Date) This Act shall enter into force on July 1, 2001: Provided, That the 
amended provisions of Articles 56 (1), 84 (2) and (3), the proviso to Article 217 (1) and Article 
229 -2 shall ente r into force on the date of its promulgation.  
(2)  (Applicability to Requirements for Patents) The amended provisions of Articles 29 (1) 2 and 
30 (1) 1 (c) shall apply to a patent a pplication that is filed on and after this Act enters into force.  
(3)  (General Transitional Measures) The previous provisions shall apply to an examination, 
patent registration, patent right, opposition to a patent, trial, retrial and litigation related t o a 
patent application which is made under the previous provisions as at the time this Act enters into 
force: Provided, That this shall not apply to any of the following cases: <Amended by Act No. 7871, 
Mar. 3, 2006>  
1.  Where an opposition to a patent is made, Articles 136 (9) and 140 (2) as applied mutatis 
mutandis under amended Article 77 (3) shall apply;  
2.  Where a patent application or patent right is deemed to have retroactive effect, amended 
Article 81 -2 shall apply;  
3.  Where a trial to invalidate a patent is requested, amended Article 133 -2 (1), (2), amended 
Articles 136 (3) through (5), (7) through (11), 139 (3), 140 (1), (2) and (5), and 136 (1) as applied  
 mutatis mutandis under amended Article 133 -2 (3) shall apply;  
4.  Where a trial against rul ing of refusal of patent application is re quested, the amended 
provisions of the proviso to Article 140 -2 (1), and (3) shall apply;  
5.  Where individual claims of a patent application with two or more claims are abandoned, 
amended Article 215 -2 shall appl y. 
 
 
 
ADDENDA  <No. 6582, 31. Dec, 2001>  
(1)  (Enforcement Date) This Act shall enter into force six months after the date of its 
promulgation.  
(2)  (Transitional Measures for State or Public Patents) The patents and the rights eligible to 
obtain the patent  on the in -service inventions of the teachers and staff of any State or public 
school, which have owned by the State or local government as at the time this Act enters into force, 
shall pass to the fully -responsible systems of the school at the time of suc h in-service inventions.  
(3)  (Transitional Measures for State or Public Utility Model Right, etc.) With regard to the 
transfer of the utility model rights for an in -service device and in -service creation of the teachers 
and staff of any State or public sc hool, the rights eligible to obtain a registration of utility model, 
and the design rights and the rights eligible to obtain a registration of design, which have owned 
by the State or local government as at the time this Act enters into force, the amended provisions 
of Article 39 and paragraph (2) of the Addenda applied mutatis mutandis respectively in Article 
20 of the Utility Model Act and in Article 24 of the Design Act shall apply mutatis mutandis.  
 
 
 
ADDENDA  <No. 6626, 26. Jan, 2002>  
Article 1 (Enforce ment Date)  
This Act shall enter into force on July 1, 2002.  
Articles 2 through 7 Omitted.  
 
  
  
ADDENDA  <No. 6768, 11. Dec, 2002>  
(1)  (Enfor cement Date) This Act shall enter into force five months after the date of its 
promulgation: Provided, That the amended provisions of Article 201 (1) shall enter into force 
three months after the date of its promulgation.  
(2)  (Applicability to Handling of  Opposition to Grant of Patent) The amended provisions of 
Article 78 -2 shall apply to an opposition to the grant of a patent which is filed on and after the date 
this Act enters into force.  
(3)  (Transitional Measures on Period for Submitting Domestic Docu ments on International 
Patent Application) Notwithstanding the amended provisions of Article 201 (1), the previous 
provisions shall apply with respect to an international patent application for which the period for 
submitting domestic documents has expired  as at the time this Act enters into force.  
 
 
 
ADDENDA  <No. 7289, 31. Dec, 2004>  
Article 1 (Enforcement Date)  
This Act shall enter into force six months after the date of its promulgation.  
Articles 2 through 5 Omitted.  
 
 
 
ADDENDA  <No. 7427, 31. Mar, 2005>  
Article 1 (Enforcement Date)  
This Act shall enter into force on the date of its promulgation: Provided, That … (Omitted.) … 
Article 7 (excluding paragraphs (2) and (29)) of the Addenda shall enter into force on January 1, 
2008.  
Articles 2 through 7 Omitted.  
 
  
  
ADDENDA  <No. 7554, 31. May, 2005>  
This Act shall enter into force six months after the date of its promulgation: Provided, That the 
amended provisions of Article 81 -3 shall enter into force on September 1, 2005.  
 
 
 
ADDENDA  <No. 7869, 03. Mar, 2006>  
Article 1 (Enforcement Date)  
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)  
Articles 2 through 6 Omitted.  
 
 
 
ADDENDA  <No. 7871, 03. Mar, 2006>  
Article 1 (Enforcement Date)  
This Act shall enter into force on the date of its promulgation: Provided, That the amended 
provisions of Articles 3 (3), 6, 7 -2 and 11 (1), subparagraph 7 of Article 20, subparagraph 6 of 
Article 21, and Articles 29 (1), (3) and (4) (amendments related t o the Utility Model Act), 31, 36 
(3), 49, 52, 53, 55 (1), (3) and (4) (amendments related to the Utility Model Act), 56 (1), 58, 58 -2, 
59 (3), 62, 63 -2, 64, 87 (2), 88 (4), 102 (4) (amendments related to the Utility Model Act), 104 (1), 
133 (1), 133 -2 (4),  135 (1), 154 (8), 193 (1), 202 (3) (amendments related to the Utility Model 
Act) and (4), 204 and 205 (amendments related to the relevant date), 208 (3), 209, 213, 215 
(amendments related to the Utility Model Act), and 229 -2 shall take effect on October 1 , 2006; and 
the amended provisions of Articles 3 (2), 4, 15 (1), 35, 55 (3) (amendments related to the patent 
objections), 57 (1), 65 (6), 69 through 78, 78 -2, 84 (1), 132 -3, 136 (1) and (6), 137 (1), 140 -2, 148, 
164 (1), 165 (3) and (4) (amendments relate d to the patent objections), 171 (2), 172, 176 (1) and 
(2), 181 (1), 212, 214 (5), 215, 217 (1) (amendments related to the patent objections) and (2), 
217 -2 (1) and (2) (amendments related to the patent objections), 224 -2 (1) (amendments related 
to the pat ent objections), 226 (2), and 228, on July 1, 2007.  
Article 2 (Applicability to Patent Requirements, etc.)   
 The amended provisions of Articles 29 (1) 1, 30 (1) and 36 (4) shall apply from the first patent 
application filed after this Act enters into force.  
Article 3 (Applicability to Refund of Patent Fees)  
The amended provisions of Article 84 (2) and (3) shall apply with respect to a decision revoking a 
patent, or a trial ruling invalidating a patent or the registration of the extended term of a patent 
which  becomes final and conclusive after this Act enters into force.  
Article 4 (Applicability to Revision of Patent Invalidation Trial)  
The amended provisions of the proviso to Article 133 (1) (excluding subparagraphs 7 and 8) shall 
apply to a patent, the estab lishment of which is registered after this Act enters into force.  
Article 5 (Applicability to Remuneration for Patent Attorney)  
The amended provisions of Article 191 -2 shall apply to a fee payable to a patent attorney who 
performs a lawsuit on behalf of a party after this Act enters into force.  
Article 6 (General Transitional Measures)  
The former provisions shall apply to the examination of a patent application filed under the 
former provisions as at the time this Act enters into force, and the patent regis tration, patent, trial, 
retrial and litigation related thereto: Provided, That the calculation of a period shall be governed 
by the amended provisions of subparagraph 4 of Article 14, and a request for the invalidation trial 
of the patent shall be governed  by the amended provisions of Article 133 -2 (4), and a request for a 
trial to confirm the scope of the patent right, by the amended provisions of Article 135 (1).  
Article 7 (Transitional Measures concerning Abolition of Patent Objection System)  
The former provisions shall apply to a patent objection against a patent, the establishment of 
which is registered prior to July 1, 2007.  
 
 
 
ADDENDA  <No. 8171, 03. Jan, 2007>  
Article 1 (Enforcement Date)  
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)  
Articles 2 through 6 Omitted.  
 
 
  
 ADDENDA  <No. 8197, 03. Jan, 2007>  
Article 1 (Enforcement Date)  
This Act shall enter into force on July 1, 2007.  
Article 2 (Ap plicability to Patent Applications, etc.)  
The amended provisions of Articles 42, 47 (1) and 55 (3), proviso to Article 59 (2), subparagraph 
4 of Article 62, Article 63 -2, proviso to Article 64 (1), the latter parts of Articles 170 (1) and 174 
(2) shall app ly from the first patent application filed after this Act enters into force.  
Article 3 (Applicability to Cancelation of Designation of Specialized Institutions)  
The amended provisions of Article 58 -2 shall apply from the first violation made after this Act 
enters into force.  
Article 4 (Applicability to Refund of Official Fees for Patent Applications, etc.)  
The amended provisions of Article 84 (1) 4 shall apply fro m the first patent application filed after 
this Act enters into force.  
Article 5 (Applicability to Correction of Patent in Procedures of Patent Invalidation Trials)  
The amended provisions of Articles 133 -2 and 137 shall apply from the first request for a p atent 
invalidation trial made after this Act enters into force.  
Article 6 (Applicability to Amendment Made in Specification and Drawings at Trials to 
Confirm Scope of Right)  
The amended provisions of Article 140 (2) 2 shall apply from the first request for  a trial to confirm 
the scope of a patent right, filed after this Act enters into force.  
Article 7 (General Transitional Measures)  
The previous provisions shall apply to a patent application filed under the previous provisions as 
well as an examination, trial, retrial, or litigation with regard to such application as at the time this 
Act enters into force.  
 
 
 
ADDENDA  <No. 8357, 11. Ap r, 2007>  
Article 1 (Enforcement Date)  
This Act shall enter into force on the date of its promulgation: Provided, That …(Omitted.)… and 
the amended provisions of Article 6 (4) of the Addenda shall enter into force on July 1, 2007.  
Articles 2 through 7 Omitt ed. 
  
  
 
ADDENDA  <No. 8462, 17. May, 2007>  
(1)  (Enforcement Date) This Act shall enter into force six months after the date of its 
promulgation.  
(2)  (Applicability to Refund of Patent Fees, etc.) The amended provisions of Article 84 (3) shall 
apply even to  patent fees and official fees whose time period of the request for refund under the 
previous provisions does not elapse at the time this Act enters into force.  
 
 
 
ADDENDA  <No. 8852, 29. Feb, 2008>  
Article 1 (Enforcement Date)  
This Act shall enter into for ce on the date of its promulgation. (Proviso Omitted.)  
Articles 2 through 7 Omitted.  
 
 
 
ADDENDA  <No. 9249, 26. Dec, 2008>  
This Act shall enter into force on the date of its promulgation.  
 
 
 
ADDENDA  <No. 9381, 30. Jan, 2009>  
Article 1 (Enforcement Date)  
This Act shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 
15 (1), 29 (4), 55, 56, 58 (1), 63 (2), 81 -3, 90 (6), 140, 140 -2 (2), 202, 204, 205, 207, 208, 214, 216, 
226, 226 -2, and 227 thr ough 230 shall enter into force on the date of its promulgation.  
Article 2 (Applicability to Requirements for Patent of International Patent Application Filed  
 in Korean Language)  
The amended provisions of Articles 29 (4), 204, 205 and 207 shall apply from the first 
international patent application filed in the Korean language on or after January 1, 2009.  
Article 3 (Applicability to Amendment to Patent Application)  
The amended part related to the deletion of Article 47 (4) of the amended provisions of Articl e 47, 
the main sentence of Article 51 (1) and Article 55 shall apply from the first amendment made after 
this Act enters into force. Where an amendment is made to a patent application filed before this 
Act enters into force, "period (in cases of subparagra ph 3, that time)" in the proviso to the part 
other than the subparagraphs of Article 47 (1) shall be construed as "period"; "when an applicant 
requests a re -examination pursuant to Article 67 -2" in subparagraph 3 of the same paragraph as 
"where a request f or a trial against a ruling of refusal to grant a patent is made in accordance with 
Article 132 -3, 30 days from the date of such request for a trial"; and "Article 47 (1) 2 and 3" in the 
main sentence of Article 51 (1) as "Article 47 (1) 2. "  
Article 4 (Ap plicability to Request for Re -examination)  
The amended part related to a request for re -examination of the amended provisions of Article 47, 
the amended part related to a request for re -examination of the amended provisions of Article 51, 
and the amended p rovisions of Article 67 -2 shall apply from the first patent application filed after 
this Act enters into force.  
Article 5 (Applicability to Divided Application)  
The amended provisions of Article 52 shall apply to a divisional application based on the first  
patent application filed after this Act enters into force.  
Article 6 (Applicability to Ex Officio Amendment, etc.)  
The amended provisions of Article 66 -2 shall apply from th e first decision to grant a patent, made 
after this Act enters into force.  
Article 7 (Applicability to Late Payment and Remaining Payment of Patent Fees)  
The amended provisions of Articles 79, 81 and 81 -2 shall apply from the first payment, late 
payment or  remaining payment of patent fees, made after this Act enters into force.  
Article 8 (Applicability to Application for Registration of Extension of Term of Patent Right)  
The amended provisions of Article 90 (6) shall apply from the first application for reg istration of 
the extension of the term of a patent right, filed after this Act enters into force.  
Article 9 (Applicability to Amendment to Request for Trial, etc.)  
The amended provisions of Articles 140 and 140 -2 (2) shall apply from the first request for a trial, 
made after this Act enters into force.  
Article 10 (General Transitional Measures)  
The previous provisions (excluding Articles 15 (1) and 216) shall apply to a patent application 
filed before this Act enters into force.   
 Article 11 Omitted.  
 
 
 
ADDENDA  <No. 9985, 27. Jan, 2010>  
This Act shall enter into force six months after the date of i ts promulgation: Provided, That the 
amended provisions of Article 96 shall enter into force on the date of its promulgation.  
 
 
 
ADDENDA  <No. 10012, 04. Feb, 2010>  
Article 1 (Enforcement Date)  
This Act shall enter into force three months after the date of i ts promulgation. (Proviso Omitted.)  
Articles 2 through 6 Omitted.  
 
 
 
ADDENDA  <No. 10716, 24. May, 2011>  
(1)  (Enforcement Date) This Act shall enter into force on July 1, 2011.  
(2)  (Applicability to Patent Applications) The amended provisions of Articles 42 (3), 63 -2 and 
133 (1) 1 shall apply from the first patent application filed after this Act enters into force.  
 
 
 
ADDENDA  <No. 11117, 02. Dec, 2011>  
Article 1 (Enforcement Date)  
This Act shall enter into force on the date when the Free Trade Agreement between the Republic 
of Korea and the United States of America and Exchange of Letters related to the Agreement takes  
 effect: Provided, That the amended provisions of the proviso to Article 6 of the Addenda of the 
Patent Act (No. 7871) shall enter into force on the date of its promulgation.  
Article 2 (Applicability to Inventions not Deemed to be Publicly Known, etc.)   
The amended provisions of Article 30 shall apply from the first pat ent application filed after this 
Act enters into force.  
Article 3 (Applicability to Extension, etc. of Term of Patent Right Following Delayed 
Registration)   
The amended provisions of Articles 83, 92 -2 through 92 -5, 93, 132 -3, 134, 139, 165, 176 and 187 
shall apply from the first patent application filed after this Act enters into force.  
Article 4 (Applicability to Order of Secrecy, etc.)  
The amended provisions of Articles 224 -3 through 224 -5 shall apply from the first lawsuit against 
infringement of a paten t right or exclusive license filed after this Act enters into force.  
Article 5 (Transitional Measures concerning Repeal of Revocation of Patent Right)  
The revocation of a patent right due to grounds for revocation of a patent right under the former 
Article  116 before this Act enters into force, shall be governed by the previous provisions.  
 
 
 
ADDENDA  <No. 11654, 22. Mar, 2013>  
Article 1 (Enforcement Date)  
This Act shall enter into force on July 1, 2013: Provided, That the amended provisions of Articles 
44, 52 (4), 53 (6), 58 -2 (2), 59 (3), 92 (1) shall enter into force on the date of its promulgation.  
Article 2 (Applicability to Invalidation of Procedure, etc.)  
The amended provisions of the main sentence of Article 16 (2) and Articles 47 (4), 67 -3, 81 -3 (1),  
and 84 (1) 4 shall apply from the first patent applications filed on or after the date this Act enters 
into force.  
Article 3 (Applicability to Divisional Applications)  
The amended provisions of Article 52 (4) shall apply from the first divisional applications filed on 
or after the date such amended provisions enter into force.  
Article 4 (Applicability to Converted Applications)  
The amended provisions of Article 53 (6) sh all apply from the first converted applications filed on 
or after the date such amended provisions enter into force.  
Article 5 (Applicability to Cancellation, etc. of Designation of Specialized Institutions)  
The amended provisions of Article 58 -2 (2) shall apply from the first prior notice issued for the  
 suspension of business operations on or after the date such amended provisions enter into force.  
Article 6 (Transitional Measure concerning Requirements for P atent Registration, etc.)  
Notwithstanding the amended provisions of Article 29 (1) 2 and subparagraph 2 of Article 129, 
the patent applicat  
 
 
 
ADDENDA  <No. 11690, 23. Mar, 2013>  
Article 1 (Enforcement Date)  
(1)  This Act shall enter into force on the date of its promulgation.  
(2)  Omitted.  
Articles 2 through 7 Omitted.  
 
 
 
ADDENDA  <No. 11848, 28. May, 2013>  
Article 1 (Enforcement Date)  
This Act shall enter into force on July 1, 2014. (Proviso Omitted.)  
Articles 2 through 20 Omitted.  
 
 
 
ADDENDA  <No. 11962, 30 . Jul, 2013>  
Article 1 (Enforcement Date)  
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)  
Articles 2 through 10 Omitted.  
 
 
  
 ADDENDA  <No. 12313, 21. Jan, 2014>  
Article 1 (Enforcement Date)  
This Act shall enter into force on the date of its promulgation.  
Article 2 (Transitional Measures concerning the Incompetent)   
Persons under adult guardianship and persons under limited guardianship under the amended 
provisions  of Article 3 (1) shall be deemed to include persons who have been declared and is 
currently incompetent or quasi -incompetent under Article 2 of the Addenda to the Civil Act (Act 
No. 10429).  
 
 
 
ADDENDA  <No. 12753, 11. Jun, 2014>  
Article 1 (Enforcement Date ) 
This Act shall enter into force on January 1, 2015: Provided, That the amended provisions of 
Article 81 -3 (3) shall enter into force on the date of its promulgation.  
Article 2 (Applicability to Time of Arrival of Notice or Document Served by Electronic 
Document)  
The amended provisions of Article 28 -5 (3) shall apply to notices and documents delivered or 
served under the amended provisions of Article 28 -5 (1) after this Act enters into force.  
Article 3 (Applicability to Reinstatement of Patents Extinguishe d due to Failure to Pay Patent 
Fees)  
The amended provisions of Article 81 -3 (3) shall apply from the first request for reinstatement of 
a patent filed after this Act enters into force.  
Article 4 (Applicability to Trials for Correction)  
The amended proviso to Article 136 (1) and the amended proviso to Article 136 (6) shall apply 
from the first trial for correction for which a petition is filed after this Act enters into force.  
Article 5 (Applicability to Trials on Invalidation of Correction)  
The amended prov isions of Article 137 (1) and (4) shall apply to the first trial on invalidation of 
correction for which a petition is filed after this Act enters into force.  
Article 6 (Applicability to Amendment of Petitioner for Trial)  
The amended provisions of Articles 140 (2) 1 and 140 -2 (2) 1 shall apply to the first trial for 
which a petition is filed after this Act enters into force.  
Article 7 (Applicability to Provision of Information during Trials on Appeal against Decision 
Rejecting Patent Application)   
 The amended provisions of the former part of Article 170 (1) (limited to the part to which the 
amended provisions of Article 63 -2 sh all apply mutatis mutandis) shall also apply to patent 
applications on which trial on an appeal against a ruling to reject is pending as at the time this Act 
enters into force, notwithstanding Article 8 of this Addenda.  
Article 8 (General Transitional Meas ure)  
The former provisions shall apply to patent applications filed before this Act enters into force, and 
examinations and trials pending on a patent application as at the time this Act enters into force.  
Article 9 (Transitional Measure concerning Require ments for Patent 
Registration) Notwithstanding the amended provisions of Article 29 (5) through (7), Article 55 
(6), and Article 202 (2) and (3), the f  
Article 10 (Transitional Measure Concerning Deferment of Submission of Scope of Claims)  
The former provis ions shall apply to a patent application filed before this Act enters into force, 
with the specification in which the scope of claims is omitted under the former provisions of 
Article 42 (5).  
Article 11 Omitted.  
Article 12 (Relationship to other Statutes)  
A citation of any provisions of the former Patent Act by any other statute as at the time this Act 
enters into force shall be deemed a citation of the corresponding provisions of this Act in lieu of 
the former provisions, if such corresponding provisions e xist herein.  
 
 
 
ADDENDA  <No. 13096, 28. Jan, 2015>  
Article 1 (Enforcement Date)  
This Act shall enter into force six months after the date of its promulgation.  
Article 2 (Applicability)   
(1)  The amended provisions of Article 30 (3) shall apply beginning wi th a patent application 
filed after this Act enters into force.  
(2)  The amended provisions of Article 52 (1) 3 shall apply beginning with a patent application 
concerning which the certified copy of a written decision to grant a patent under Article 66 or the 
certified copy of a written judgment to revoke the decision to reject a patent application under 
Article 176 (1) (limited to a judgment made to register a patent but including a judgment on a 
retrial) is served after this Act enters into force.   
  
 
 
ADDE NDA  <No. 13317, 18. May, 2015>  
Article 1 (Enforcement Date)  
This Act shall enter into force on the date of its promulgation.  
Article 2 (Applicability concerning Return of Official Fees for Requesting Examination)   
The amended provisions of Article 84 (1) 4 and 5 shall apply beginning with the first patent 
application voluntarily withdrawn (including cases where a patent applicat ion is deemed to be 
voluntarily withdrawn under Article 53 (4) or under the main sentence of Article 56 (1)) or 
abandoned after this Act enters into force.  
 
 
 
ADDENDA  <No. 14112, 29. Mar, 2016>  
Article 1 (Enforcement Date)  
This Act shall enter into force t hree months after the date of its promulgation.  
Article 2 (Applicability to Refunds of Patent Fees)  
The amended provisions of Article 84 (1) 6 and Article 215 shall apply beginning with the first 
case where the patent was abandoned after this Act enters in to force.  
Article 3 (Applicability to Cases of Revoking Ruling Rejecting Patent Application or Ruling 
Refusing to Register Extended Term of Patent)  
The amended provision of Article 84 (1) 7 shall apply beginning with a petition for a trial 
(including a pet ition filed for a retrial; hereafter the same shall apply in this Addenda) which 
revoked the ruling rejecting the patent application or the ruling refusing to register the extended 
term of the patent first after this Act enters into force: Provided, That i t shall not apply to a 
petition for a trial of a patent application for which the petition for a trial was filed pursuant to 
Article 173 (1) of the former Patent Act (referring to the Act before the amendment to the 
partially amended Patent Act No. 9887), and the specification or drawings thereof were amended 
and the amendment was notified to the Commissioner of the Korean Intellectual Property Office.  
Article 4 (Applicability to Cases of Dismissing Petition for Trial by Determination)  
The amended provision  of Article 84 (1) 8 shall apply beginning with the first petition for a trial  
 for which a determination of dismissal becomes final after this Act enters into force.  
Article 5 (Applicability to Cases of Withdrawing Petition for Intervention)  
The amended pr ovision of Article 84 (1) 9 shall apply beginning with the first petition for an 
intervention withdrawn after this Act enters into force.  
Article 6 (Applicability to Cases of Rejecting Petition for Intervention by Determination)  
The amended provision of Ar ticle 84 (1) 10 shall apply beginning with the first petition for an 
intervention rejected by the determination after this Act enters into force.  
Article 7 (Applicability to Cases of Withdrawing Petition for Trial)  
The amended provision of Article 84 (1) 11 shall apply beginning with the first petition for a trial 
withdrawn after this Act enters into force.  
Article 8 (Applicability to Legal Proceedings on Infringement of Patent or Exclusive License)  
The amended provi sions of Articles 128 -2, 132 and 224 -3 shall apply beginning with the first legal 
proceeding filed after this Act enters into force.  
Article 9 (Transitional Measure concerning Patent Applications or Patent of Persons Eligible 
for Assistance under Article 5  of the Former National Basic Living Security 
Act) Notwithstanding the amended  
Article 10 Omitted.  
 