WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/KOR/P/3
29 April 2004
(04-1909)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
REPUBLIC OF KOREA
The present document reproduces the text1 of the Patent Law as amended by Law No. 6411
of 3 February 2001 (entered into force on 1 July 2001), notified by Korea under Article 63.2 of the
Agreement in a communication from its Delegation dated 5 November 2001.
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
REPUBLIQUE DE COREE
Le présent document contient le texte
1 de la Loi sur les brevets modifiée par la Loi n° 6411 du
3 février 2001 (entrée en vigueur le 1er juillet 2001), qui a été notifiée par la Corée au titre de l'article
63:2 de l'Accord dans une communication de sa délégation datée du 5 novembre 2001.
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
REPÚBLICA DE COREA
En el presente documento se reproduce el texto1 de la Ley de Patentes, modificada por la Ley
Nº 6411, de 3 de febrero de 2001 (que entró en vigo r el 1º de julio de 2001), que Corea notificó en
virtud del párrafo 2 del artículo 63 del Acuerdo en una comunicación de su Delegación de fecha 5 de
noviembre de 2001.
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/KOR/P/3
Page 2
 Patent Act
CHAPTER I  
GENERAL PROVISIONS  
 
Article 1 Purpose  
 
The purpose of this Act shall be to encourage, protect and utilize inventions, thereby
improving and developing technology, and to contribute to the development of industry. 
 
Article 2 Definitions  
 
The definitions of terms used in this Law shall be as follows: 
(i) "invention" means the highly advanced creati on of technical ideas utilizing rules of nature; 
(ii) "patented invention" means an invention for which a patent has been granted; and (iii) "working" means any one of the following acts:  
(a) in the case of an invention of a product, acts of manufacturing, using, assigning,leasing, importing, or offering for assigning or leasing (including displaying for thepurpose of assignment or lease) the product;  (b) in the case of an invention of a process, acts of using the process; and 
(c) in the case of an invention of a process of manufacturing a product, acts of using,
assigning, leasing, importing, or offering for assigning or leasing the productmanufactured by the process, in addition to the acts mentioned in subparagraph (b).  
 
Article 3 Capacity of Minors, etc.  
 
(1) Minors, limited competents and incompetents  shall not initiate the procedure for filing an
application, requesting an examination, or any other patent-related procedure (hereinafter
referred to as "patent-related procedure") unless represented by their legal representatives.However, this provision shall not apply where a minor or a limited competent can perform a
legal act independently. 
  (2) The legal representative as referred to in  paragraph (1) may, without the consent of the
family council, act in any patent-related opposition, trial, or retrial procedures initiated by
another party. 
 IP/N/1/KOR/P/3
Page 3
(3) Patent-related procedures, initiated by a person who lacks the requisite power of legal
representation or competence or delegation necessary to initiate any such procedures, shall
have retroactive effect if said procedures are ratified by a person having such power of
representation or competence. 
 
Article 4 Associations, etc., Other than a Legal Entity  
 
A representative or an administrator, who has been so designated by an association or a
foundation which is not a legal entity, may make a request for examination of a patent
application, file an opposition to the grant of a patent, or appear as a plaintiff or defendant in a
trial or a retrial in its association or foundation name. 
 
Article 5 Patent Administrator for Nonresidents  
 
(1) A person who has neither an address nor a place of business in the Republic of Korea
(hereinafter referred to as a "nonresident") may not, except in cases where a nonresident (or a
representative thereof if a legal entity) is soj ourning in the Republic of Korea, initiate any
patent-related procedure, nor appeal any decision taken by an administrative agency in
accordance with this Law or any decree thereunder, unless he is represented by an agent withrespect to his patent, who has an address or a place of business in the Republic of Korea
(hereinafter referred to as a "patent administrator"). 
(2) The patent administrator shall, within the scope of powers conferred on him, represent the
principal in all procedures relating to a patent and in any appeal against a decision taken by an
administrative agency in accordance with this Law or any decree thereunder. 
(3) Deleted.  
(4) Deleted.  
 
Article 6 Scope of Powers of Attorney  
 
An agent who is instructed to initiate a patent-related procedure before the Korean Intellectual
Property Office by a person who is domiciled or has his place of business in the Republic of Koreashall not, unless expressly so empowered, abandon or  withdraw an application for a patent, withdraw
an application for registration of an extension of the term of a patent right, abandon a patent right,
withdraw a petition, withdraw a re quest for a motion, make or withdraw a priority claim under Article
55(1), request for a trial under Article 132 ter, or appoint a sub-representative. IP/N/1/KOR/P/3
Page 4
 
Article 7 Proof of Powers of Attorney  
 
An agent (including a patent administrator, the same being applicable hereafter) of a person who is
initiating a patent-related procedure before the Korean Intellectual Property Office shall present
written proof of his power of attorney.  
Article 8 Non-extinguishment of Powers of Attorney  
 
A power of attorney of an agent of a person initiating a patent-related procedure shall not be
extinguished upon the death or loss of legal capacity of the principal, the extinguishment of a legalentity of the principal due to a merger, the termination of the duty of trust of the principal, the death orloss of legal capacity of the legal representative, or the modification or extinguishment of his power ofattorney. 
   
Article 9 Independence of Representation  
 
Where two or more agents of a person initiating a patent-related procedure have been designated, each
of them shall independently represent the principal before the Korean Intellectual Property Office or
the Intellectual Property Tribunal. 
Article 10 Replacement of Agents, etc.
 
(1) If the Commissioner of the Korean Intellectual Property Office or the presiding trial examiner
considers that a person initiating a patent-related procedure is not qualified to conduct such aprocedure or make oral statements, etc. he may order, ex officio , the appointment of an agent to
conduct the procedure.  (2) If the Commissioner of the Korean Intellectual Property Office or the presiding trial examinerconsiders that the agent of a person initiating a patent-related procedure is not qualified to conductsuch a procedure or make oral statements, etc. he may order, ex officio , the replacement of the agent. 
 
(3) The Commissioner of the Korean Intellectual Pr operty Office or the presiding trial examiner may,
in the case referred to in paragraph (1) or (2) of this Article, order the appointment of a patent attorney
to conduct the procedure.  (4) The Commissioner of the Korean Intellectual Pr operty Office or the presiding trial examiner may
invalidate any action taken before the Korean Intellectual Property Office or the Industrial PropertyIP/N/1/KOR/P/3
Page 5
Tribunal by the person initiating the patent-related procedure referred to in paragraph (1) of this
Article or by the agent referred to in paragraph (2 ), of this Article prior to the appointment or the
replacement of the agent, referred to under paragraph (1) or (2), respectively, after the issuance of anorder referred to under paragraph (1) or (2).  
Article 11 Representation of Two or More Persons  
 
(1) Where two or more persons jointly initiate a pate nt-related procedure, each of them shall represent
the joint initiators except for actions falling unde r any of the following subparagraphs; however, this
provision shall not apply where those persons have appointed a common representative and havenotified the appointment of the representative to the Korean Intellectual Property Office or the
Industrial Property Tribunal: 
(i) abandonment or withdrawal of a patent application or withdrawal of an application for
registration of an extension of term of a patent right; 
(ii) withdrawal of a petition; claim or withdr awal of a priority claim under Article 55(1); 
(iii) withdrawal of a request; and (iv) request for a trial under Article 132 ter. 
 
(2) Where the common representative has been appointed and notified under the provision ofparagraph (1), a written proof of the fact that the representative has been appointed shall be
presented. 
 
Article 12 Mutatis Mutandis  Application of Provisions of  
the Code of Civil Procedure  
 
Except where there is an express provision relating to agents in the Patent Law, the provisions of Part
I, Section 2, Subsection 4 of the Code of Civil Procedure shall apply mutatis mutandis  to agents under
this Law.   
 
Article 13 Venue of Nonresidents  
 
If a nonresident has appointed a patent administrator with respect to his patent right or other right
relating to a patent, the domicile or place of business of the patent administrator shall be considered tobe that of the nonresident. Where there is no such patent administrator, the location of the KoreanIntellectual Property Office shall be regarded as the seat of the property under Article 9 of the Code ofCivil Procedure. 
Article 14 Calculation of Time LimitsIP/N/1/KOR/P/3
Page 6
 
The time limits provided for in the Patent Law, or any decrees thereunder shall be calculated as
follows: 
  (i) the first day of the period shall not be counted unless the period starts at midnight;   (ii) if the period is expressed in months or years, it shall be counted according to the calendar; 
  (iii) if the start of the period does not coincide with the beginning of a month or year, the period
shall expire on the day preceding the date in the last month or year of the periodcorresponding to the date on which the period started; however, if there is nocorresponding day in the last month, the period shall expire on the last day of that month;and 
  (iv) if the last day of a period for executing a patent-related procedure falls on an official
holiday, including Labor Day, designated by the Labor Day Designation Law, said period
shall expire on the working day following such holiday. 
   
Article 15 Extension of Time Limits, etc.  
 
(1) The Commissioner of the Korean Intellectual Property Office or the President of the Industrial
Property Tribunal may extend, for the benefit of a person residing in an area that is remote or difficult
to access, the period for submitting an amendment of grounds for opposition according to Article70(1) or the period for demanding a trial under Article 132 ter upon a request or ex officio.  
 
(2) When the Commissioner of the Korean Intellectual  Property Office, the President of the Industrial
Property Tribunal, a presiding trial examiner or an examiner has designated a time limit for a patent-related procedure to be initiated under the Patent Law, extend it upon a request or ex officio .  
 (3) When a presiding trial examiner or an examiner has designated a date for initiating a patent-related
procedure under the Patent Law, he may change the date upon a request or ex officio . 
 
Article 16 Invalidation of Procedure  
 
(1) When a person who has been notified to make an amendment in accordance with Article 46 fails
to do so within the designated time limit, the Commissioner of the Korean Intellectual Property Office
or the President of the Industrial Property Tribunal may invalidate the procedure relating to the patent.However, where a person who has been notified to make an amendment for not paying the fees for a
request for examination under Article 82(2) fails to pay said fees for the request for examination, the
Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property
Tribunal may invalidate the amendment to the specification attached to the patent application. IP/N/1/KOR/P/3
Page 7
 
(2) When a patent-related procedure has been invalidated under paragraph (1), if the delay of the timeis deemed to have been caused by reasons not imputable to a person who received an invitation to
amend, the Commissioner of the Korean Intellectual Property Office or the President of the
Intellectual property Tribunal may revoke a disposition of invalidation at the request of a person who
received an invitation to amend within fourteen days from the date on which the reasons for the delay
ceased to exist.   However, this provision shall not apply where one year has elapsed after the
designated period expires. 
 
Article 17 Subsequent Completion of Procedure  
 
If a person who initiated a patent-related procedure has failed to observe the time limit for requesting
a trial under Article 132 ter, or the time limit for demanding a retrial under Article 180(1) for reasons
beyond his control, he may subsequently complete the procedure that  he failed to conduct within
fourteen days after said reason ceases to exist.  However, this provision shall not apply in a case
where one year has elapsed after said period expires.  
Article 18 Succession of Procedural Effects  
 
The effects of a procedure taken in relation to a patent or other right relating to a patent shall extend to
the successor in title. 
 
Article 19 Continuation of Procedure by Successor  
 
Where a patent right or other right relating to a pate nt is transferred while a procedure relating to the
patent is pending before the Korean Intellectual Property Office or the Intellectual Property Tribunal,
the Commissioner of the Korean Intellectual Property Office or the presiding trial examiner may
require the successor in title to contin ue the procedure relating to the patent. 
 
Article 20 Interruption of Procedure  
 
If any patent-related procedure pending before the Korean Intellectual Property Office or the
Intellectual Property Tribunal falls under any of the following subparagraphs, it shall be interrupted,
unless there is a representative authorized to conduct the procedure: 
  (i) when the party involved has died;   (ii) when the legal entity involved has ceased to exist by reason of merger;   (iii) when the party involved has lost the ability to conduct the procedure;   (iv) when the legal representative of the party involved has died or lost his power; IP/N/1/KOR/P/3
Page 8
  (v) when the commission of a trustee given by the trust of the party involved has terminated; or 
  (vi) where the representative as provided in the provisions of Article 11(1) has died or lost his
qualification. 
 
Article 21 Resumption of an Interrupted Procedure  
 
When a procedure pending in the Korean Intellectual Property Office or the Intellectual Property
Tribunal has been interrupted in the manner referred to in Article 20, any person who falls under any
of the following subparagraphs shall resume the procedure: 
  (i) in the case as provided for under Article 20(i), the deceased person's successor, administrator
of inheritance, or other person authorized to pursue the procedure under the Law; however,
the deceased person's successor may not resume the procedure until such time as his right
to succession is no longer subject to renunciation; 
  (ii) in the case as provided for under Article 20(ii), the legal entity established by or existing
after the merger;  
  (iii) in the cases as provided for under Article 20(iii) and (iv), the party whose ability to take the
necessary procedure has been restored or any person who becomes the legal representativeof the party, respectively;  
  (iv) in the case as provided for under Article 20(v), a new trustee; and    (v) in the case as provided for under Article 20(vi), a new representative or each joint initiator
involved. 
Article 22 Request for Continuation
 
(1) The request for continuation of an interrupted procedure under Article 20 may be made by an
opposing party.  (2) When a request for continuation of an interrupted procedure interrupted under Article 20 is made,the Commissioner of the Korean Intellectual Property Office or the presiding trial examiner shallnotify the opposite party.  (3) The Commissioner of the Korean Intellectual Property Office or the trial examiner shall, if it hasbeen deemed that there are no grounds for granting the request for continuation of the interrupted
procedure under Article 20, dismiss the request by decision after examining the request, ex officio . 
 IP/N/1/KOR/P/3
Page 9
(4) The Commissioner of the Korean Intellectual Pr operty Office or the trial examiner shall decide,
upon request for continuation, whether to permit resumption of the interrupted procedure after acertified copy of the decision or trial decision was sent. 
 (5) If a person referred to in Article 21 does not take over the interrupted procedure, the
Commissioner of the Korean Intellectual Property Office or the trial examiner shall, ex officio ,
designate a period within which he shall resume such procedure. 
 
(6) If no request for continuation has been made within the designated period provided in paragraph(5), it is considered that the continuation has been made on the day following the expiration of suchdesignated period.  (7) If the Commissioner of the Korean Intellectual Property Office or the presiding trial examinerdeems that the continuation made in accordance with paragraph (6), he shall so notify the partiesinvolved. 
 
Article 23 Suspension of Procedure  
 
(1) If the Commissioner of the Korean Intellectual Property Office or the trial examiner is unable to
carry out his duties due to a natural disaster or other unavoidable circumstances, the procedure
pending in the Korean Intellectual Property Office or the Intellectual Property Tribunal shall be
suspended until such impediments cease to exist. 
 (2) If a party involved is unable to pursue a procedure pending in the Korean Intellectual PropertyOffice or the Intellectual Property Tribunal on account of impediments of indefinite duration, the
Commissioner of the Korean Intellectual Property Office or the trial examiner may order itssuspension by decision.  (3) The Commissioner of the Korean Intellectual Property Office or the trial examiner may cancel the
decision issued under paragraph (2). 
 (4) If a procedure is0 suspended under paragraphs (1) or (2), or a decision is canceled under paragraph(3), the Commissioner of the Korean Intellectual Property Office or the presiding trial examiner shall
so notify the parties involved.  
Article 24 Effects of Interruption or Suspension  IP/N/1/KOR/P/3
Page 10
 
The interruption or suspension of a patent-related procedure pending in the Korean Intellectual
Property Office shall suspend the running of a term and the entire term shall start to run again fromthe time of the notification of the continuation or resumption of the procedure. 
 
Article 25 Capacity of Foreigners  
 
Foreigners who have neither an address nor a place of business in the Republic of Korea shall not
enjoy patent rights or other rights relating to a patent, except as provided for in any one of the
following subparagraphs: 
  (i) where their country allows nationals of the Republic of Korea to enjoy patent rights or other
rights relating to a patent under the same conditions as its own nationals; 
  (ii) where their country allows nationals of the Republic of Korea to enjoy patent rights or other
rights relating to a patent under the same conditions as its own nationals in the case thatthe Republic of Korea allows their country's nationals to enjoy patent rights or other rightsrelating to a patent; or 
  (iii) where they may enjoy patent rights or other rights relating to a patent according to a treaty
or equivalents of a treaty (hereinafter referred to as "treaty"). 
   
Article 26 Effects of Treaty  
 
Where a treaty contains special provisions relating to patents that are different from those of the
Patent Law, such special provisions shall prevail.  
Article 27   Deleted.  
Article 28 Effective Date of Submitted Documents
 
(1) Applications, demands or other documents (including articles, the same applying hereafter in this
provision) submitted to the Korean Intellectual Property Office or the Intellectual Property Tribunalunder the provisions of the Patent Law, or any decree thereunder, shall be effective as of the date on
which they are delivered to the Korean Intellectual Property Office or the Intellectual Property
Tribunal.  (2) Where applications, demands or other documents are submitted by mail to the Korean IntellectualProperty Office or the Intellectual Property Tribunal, they are deemed to be delivered to the KoreanIntellectual Property Office or the Intellectual Property Tribunal on the date as stamped by the mailservice if the stamped date is clear; however, if such stamped date is unclear they are deemed to bedelivered on the date when the mail was submitted to a post office, provided that such date is provedIP/N/1/KOR/P/3
Page 11
by a receipt therefor. However, this provision shall not apply in cases where written applications for
registration of a patent right and other rights related thereto and documents concerning aninternational application under Article 2(vii) of the Patent Cooperation Treaty (hereinafter referred to
as an "international application") are submitted by mail. (3) deleted.  (4) Details concerning the submission of documents with regard to the delay of mail, loss of mail, or
interruption of mail service, other than the provisions of paragraphs (1) to (2), shall be prescribed by
the Ordinance of the Ministry of  Commerce, Industry, and Energy. 
 
Article 28 bis Entry of Identification Number 
 
(1) A person provided for by the Ordinance of the Ministry of Commerce, Industry and Energy from
among persons who initiates a procedure for patent (excluding any person to whom an identification
number has already been granted under paragraph (2) or (3)), shall apply for the grant of hisidentification  number to the Korean Intellectual Property Office or the Intellectual Property Tribunal. 
 (2) If any person makes an application under paragraph (1), the Commissioner of the KoreanIntellectual Property Office or the President of the Intellectual Property Tribunal shall grant anidentification number and notify him thereof. 
 
(3) If a person who initiates a procedure for patent  under paragraph (1) fails to apply for the grant of
an identification number, the Commissioner of the Korean Intellectual Property Office or thePresident of the Intellectual Property Tribunal shall, ex officio , grant an identification number and
notify him thereof.  (4) If a person to whom an identification  number has been granted under paragraph (2) or (3) initiates
a procedure for patent, he shall enter his identification number in any document as prescribed by theOrdinance of the Ministry of Commerce, Industry and Energy. In this case, notwithstanding the
provisions of this Law or any decree thereunder, a domicile (a place of business if a legal entity) may
not be entered in said document. (5) The provisions of paragraphs (1) to (4) shall apply mutatis mutandis  to an agent of a person who
initiates a procedure for patent.  IP/N/1/KOR/P/3
Page 12
(6) An application for grant of an identification number, the grant and notification thereof or other
matters necessary therefor shall be prescribed by the Ordinance of the Ministry of Commerce,Industry and Energy. 
Article 28 ter Procedure for Filing Patent Applications by
Means of Electronic Documents
 
(1) A person who initiates a patent-related procedure may, pursuant to the methods prescribed by
Ordinance of the Ministry of Commerce, Industry and Energy, convert a written application for apatent or other documents as presented to the Commissioner of the Korean Intellectual PropertyOffice or the President of the Intellectual Property Tribunal under this Law into electronic documents,
and may present them by means of any communication network or on a floppy disk in which they are
written.  (2) Electronic documents as presented under paragraph (1) shall have the same effect as otherdocuments presented under this Law.  (3) Electronic documents presented through a communication network under paragraph (1) shall, if apresenter thereof confirms a receipt number through a communication network, be deemed to havebeen received as contents written in a file of a computer system for receipt operated by the Korean
Intellectual Property Office or the Intellectual Property Tribunal. 
 (4) The kinds of documents capable of being presented by means of electronic documents underparagraph (1) and the methods of such presentation or other necessary  matters shall  be prescribed by
the Ordinance of the Ministry of  Commerce, Industry and Energy.   
 
Article 28 quater Report on Use of Electronic Documents and
Electronic Signature
 
(1) A person who intends to initiate a procedure for patent by means of electronic documents shall, in
advance, report the use thereof to the Commissioner of  the Korean Intellectual Property Office or the
President of the Intellectual Property Tribunal, and shall affix his electronic signature so that thepresenters may be discerned. 
 
(2) Electronic documents as presented under Article 28 ter shall be deemed to have been filed by the
person who affixes his electronic signature under paragraph (1). IP/N/1/KOR/P/3
Page 13
(3) Matters necessary for procedures of report on use of electronic documents and the  methods of
electronic signature as prescribed under paragraph (1), shall be prescribed by the Ordinance of theMinistry of Commerce, Industry and Energy.  
Article 28 quinquies  Notification, etc. through a Communication
Network
 
(1) If the Commissioner of the Korean Intellectual Property Office, the President of the Intellectual
Property Tribunal, a presiding trial examiner, a tria l examiner, a presiding examiner, or an examiner
intends to give notification and make transmission (hereinafter referred to as a "notification") of anypertinent documents to a person who reports the use of electronic documents under Article
28quater (1), he may do so through a communication network. 
 (2) The notification of any pertinent documents given through a communication network underparagraph (1) shall have the same effect as that given in writing.  (3) The notification of any pertinent documents under paragraph (1) shall, if it is written in a file of acomputer system operated by a person who receives said notification, be deemed to reach as contentswritten in a file of a computer system for transmission operated by the Korean Intellectual PropertyOffice or the Intellectual Property Tribunal. 
 
(4) Matters necessary for the classification and the method s of such notification as given through a
communication network under paragraph (1) shall be prescribed by the Ordinance of the Ministry ofCommerce, Industry and Energy.  
CHAPTER II 
REQUIREMENTS FOR PATENTS AND PATENT APPLICATION 
   
Article 29 Requirements for Patents  
 
(1) Inventions having Intellectual applicability may be patentable unless they fall under any of the
following subparagraphs: 
  (i) inventions publicly known or worked in the Republic of Korea prior to the filing of the patent
application; or IP/N/1/KOR/P/3
Page 14
  (ii) inventions described in a publication distributed in the Republic of Korea or in a foreign
country prior to the filing of the patent application or inventions made available to the publicthrough electric telecommunication lines as prescribed by Presidential Decree. 
 (2) Notwithstanding paragraph (1), where an invention could easily have been made prior to the filingof the patent application by a person having ordinary skill in the art to which the invention pertains,on the basis of an invention referred to in each subparagraph of paragraph (1), a patent shall not be
granted for such an invention. 
 (3) Notwithstanding paragraph (1), a patent shall not be granted where the invention for which apatent application is filed is identical to an invention or device described in the specification ordrawings initially attached to another patent appl ication laid open or published after grant for public
inspection after the filing of said patent application, or identical to a utility model applicationpublished after grant for public inspection after the filing of said patent application.  This provisionshall not apply, however, in cases where the inventor of the concerned patent application and theinventor of the other patent or utility model application are the same person or where the applicant of
the patent application and the applicant of the other patent or utility model application are the same
person at the time of filing.   (4) Where the other patent or utility model application under paragraph (3) is an internationalapplication that is deemed to be a patent application under Article 199(1) of this Law or which isdeemed to be a utility model registration application under Article 57(1) of the Utility Model Law(including an international application considered to be a patent application under Article 214(4) ofthis Law or a utility model application under Article 71(4) of the Utility Model Law), in applying theprovisions of paragraph (3), "laid open" shall read "laid open or was the subject of an international
publication under Article 21 of the Patent Cooperation Treaty" and "an invention or device described
in the specification or drawings originally attached" shall read "an invention or device described bothin the specification, claims, or drawings of the international application as of the international filingdate, and in the translated version thereof ." 
 
Article 30 Inventions not Deemed to be Publicly Known, etc.  
 
(1) If a patentable invention falls under any of the following subparagraphs, it shall be recognized as
being novel where Articles 29(1) or (2) apply to the invention claimed in the patent application;
provided that, the patent application therefor is filed within six months of the applicable date: IP/N/1/KOR/P/3
Page 15
  (i) when a person having the right to obtain a patent has caused his invention to fall within the
terms of any of the subparagraphs in Article 29(1) by conducting any one of the followingacts on the invention: 
(a) conducting tests on the invention; (b) publishing the invention in printed matter; (c) publishing the invention through electric telecommunication lines as prescribed by
Presidential Decree; or
(d) presentation of the invention in writing before an academic organization as prescribed by
Ordinance of the Ministry of Commerce, Industry and Energy. 
  (ii) when, against the intention of the person having the right to obtain a patent, the invention
falls within the terms of any of the subparagraphs in Article 29(1); or 
  (iii) when a person having the right to obtain a patent has caused his invention to fall within the
terms of any of the subparagraphs of Article 29(1) by displaying his invention at anexhibition.         
 (2) Any person desiring to take advantage of the provisions of paragraph (1)(i) or (iii) shall submit,
simultaneously with his patent application, a written statement to that effect to the Commissioner of
the Korean Intellectual Property Office, to whom he  shall also submit, within thirty days from the
filing date of the patent application, a document proving the relevant facts.  
Article 31 Patent for Plant Invention  
 
Any person who invents a variety of plant which reproduces itself asexually may obtain a plant patent
therefor. 
Article 32 Unpatentable Inventions
 
Inventions liable to contravene public order or morality or to injure public health shall not be
patentable, notwithstanding the provisions of Article 29(1) or (2).  
Article 33 Persons Entitled to Obtain a Patent  
 
(1) Any person who makes a new invention or his successor shall be entitled to obtain a patent in
accordance with the Patent Law; however, employees of the Korean Intellectual Property Office andthe Intellectual Property Tribunal shall not obtain patents during their employment at the Officeexcept in the case of inheritance or bequest. 
 IP/N/1/KOR/P/3
Page 16
(2) If two or more persons jointly make an invention, the right to obtain a patent shall be jointly
owned.    
Article 34 Patent Application Filed by an Unentitled Person;  
  Protection of Lawful Holder of the Right  
 
If a patent cannot be granted because an application was filed by a person who is not the inventor or a
successor to the right to obtain a patent (hereinafter referred to as an "unentitled person") under theprovision of Article 33(1) as prescribed in Article 62(ii), a subsequent application filed by the lawfulholder of the right shall be deemed to have been filed on the date of filing of the initial applicationfiled by the unentitled person. This provision shall not apply, however, if the subsequent application is
filed by the lawful holder of the right more than thirty days after the date on which the application
filed by the unentitled person was rejected.   
Article 35 Patent Granted to an Unentitled Person;  
            Protection of Lawful Holder of the Right
 
If a decision to revoke a patent becomes final for lack of entitlement to obtain a patent under the
provision of Article 33(1) as prescribed in Article 69(1)(ii) or a decision of invalidation becomes finaldue to a lack of entitlement under the provision of Article 33(1) as prescribed in Article 133(1)(ii), asubsequent application filed by the lawful holder of the right shall be deemed to have been filed onthe filing date the revoked or invalidated application; however, this provision shall not apply if thesubsequent application is filed more than two years after the publication date of the first application ormore than thirty days after the decision of revocation or invalidation becomes final.  
 
Article 36 First-to-File Rule  
 
(1) Where two or more applications relating to the same invention are filed on different dates, only the
applicant of the application having the earlier filing date may obtain a patent for the invention.  (2) Where two or more applications relating to the same invention are filed on the same date, only theperson agreed upon by all the applicants after consultation may obtain a patent for the invention. If noagreement is reached or no consultation is possible, none of the applicants shall obtain a patent for theinvention.  (3) Where a patent application has the same subject matter as a utility model application and the
applications are filed on different dates, paragraph (1) shall apply mutatis mutandis ; whereas if theyIP/N/1/KOR/P/3
Page 17
are filed on the same date, paragraph (2) shall apply mutatis mutandis .  However, the provision of
paragraph (2) shall not apply in any cases where a patent application is made on the same date as autility model registration application (including a patent application which is deemed to be made onthe same date as a utility model registration application under Article 53(3)), as prescribed in Article53 as a dual application.  (4) Where a patent application or utility model application is invalidated or withdrawn, or a utility
model application is rejected, such application shall, for the purposes of paragraphs (1) to (3), be
deemed never to have been filed.  (5) A patent application or utility model application filed by a person who is not the inventor, creator,or successor in title to the right to obtain a patent or utility model registration shall, for the purposes ofparagraphs (1) to (3), be deemed never to have been filed.  (6) The Commissioner of the Korean Intellectual Pr operty Office shall in the case of paragraph (2),
order the applicants to report to him the results of the consultation within a designated period of time.
If such report is not submitted within the designated period, the applicants shall be deemed not to
have reached an agreement within the meaning of paragraph (2).  
Article 37 Transfer of the Right to Obtain a Patent  
 
(1) The right to obtain a patent may be transferred. 
 (2) The right to obtain a patent shall not be the subject of a pledge.  (3) In the case of joint ownership of the right to obtain a patent, a joint owner shall not assign his
share without the consent of all the other joint owners. 
 
Article 38 Succession to the Right to Obtain a Patent  
 
(1) The succession to the right to obtain a patent before the filing of the patent application shall not be
effective against third persons unless the successor in title files the patent application.  
(2) Where two or more applications for a patent are filed on the same date on the basis of a right to
obtain a patent for the same invention derived by succession from the same person, the succession tothe right to obtain the patent by any person other than the one agreed upon by all the patent applicantsshall not be effective. IP/N/1/KOR/P/3
Page 18
(3) Paragraph (2) shall also apply where a patent application and a utility model application are filed
on the same date, on the basis of the right to obtain a patent and utility model registration for the sameinvention and device which has been derived by succession from the same person.  (4) Succession to the right to obtain a patent after the filing of the patent application shall not beeffective unless a notice of change of applicant is filed, except in cases of inheritance or other generalsuccession. 
 
(5) Upon inheritance or other general succession with respect to the right to obtain a patent, thesuccessor in title shall notify the Commissioner of the Korean Intellectual Property Office accordinglywithout delay.  (6) Where two or more notifications of change of applicant are made on the same date, on the basis of
a right to obtain a patent for the same invention that has been derived by succession from the sameperson, a notification made by any person other than the one agreed upon after consultations amongall the persons who made notifications shall not be effective. 
(7) Article 36(6) shall apply mutatis mutandis  to the cases under paragraphs (2), (3) or (6). 
 
Article 39 In-Service Inventions  
 
(1) An employer, a legal entity, or the Government or a local public entity (hereinafter referred to as
an "employer") shall have a non-exclusive license to the patent right concerned, where an employee,an executive officer of such a legal entity, or a public official (hereinafter referred to as a "employee")or successor in title has obtained a patent for an invention which, by reason of its nature, falls withinthe scope of the business of the employer and an act or acts resulting in the invention (hereinafterreferred to as "in-service invention") were part of the present or past duties of the employee  (2) Notwithstanding paragraph (1), an in-service invention made by a public official shall pass to theState or a local governmental entity and the patent right shall thereby revert to the State or a local
governmental entity. 
 (3) In the case of an invention made by an employee which is not an in-service invention, anycontractual provision or any provision of service regulation providing in advance that the right toobtain a patent or the patent right shall pass to the employer or that the employer shall have an
exclusive license on such invention, shall be null and void.  IP/N/1/KOR/P/3
Page 19
(4) Notwithstanding Article 6 of the National Prope rty Law, the disposal and management of a patent
right which has reverted to the State, in accordance with paragraph (2), shall be governed by theCommissioner of the Korean Intellectual Property Office.  (5) A disposal and management of a patent right under paragraph (4) which has reverted to the Stateshall be prescribed by Presidential Decree. 
 
Article 40 Remuneration for In-Service Inventions  
 
(1) The employee shall have the right to obtain reasonable remuneration when he has transferred to
the employer the right to obtain a patent or the patent right with respect to an in-service invention, or
has given the employer an exclusive license in accordance with a contract or service regulation. 
 (2) The amount of remuneration provided for in paragraph (1) shall be calculated in accordance withthe profits to be realized by the employer from the invention and the extent of the employer and theemployee's contributions to the creation of the invention. In such cases, matters relating to thepayment of remuneration shall be prescribed by Presidential Decree or by Ordinance of the localgovernmental entity.  (3) If the State or a local governmental entity succeeds to an in-service invention made by a public
official, the State shall provide reasonable remuneration to the public official. In such cases, matters
relating to the payment of remuneration shall be prescribed by Presidential Decree or by Ordinance ofthe local governmental entity.  (4) Deleted.   
Article 41 Inventions Necessary for National Defense, etc.  
 
(1) If an invention is necessary for the national defense, the Government may order an inventor, an
applicant, or an agent not to file a patent application for such invention in foreign patent officesconcerned or to keep such invention confidential. However, if such persons obtain permission fromthe Government, they may file an application therefor in foreign patent offices.  
(2) If an invention filed with the Korean Intellec tual Property Office is considered necessary for
national defense, the Government may refuse for grant a patent and, for reasons of national defensesuch as in time of war, incident or other similar emergency, may expropriate the right to obtain apatent therefor.  IP/N/1/KOR/P/3
Page 20
(3) The Government shall pay reasonable compensation for losses arising from its prohibition of the
filing of a patent application in a foreign patent office or from the maintenance of secrecy underparagraph (1).  
(4) The Government shall pay reasonable compensation in the event that a patent is not granted, or the
right to obtain a patent is expropriated under paragraph (2). 
 
(5) If there has been a violation of an order prohib iting the filing of an application for an invention in
a foreign patent office concerned or of an order to maintain secrecy under paragraph (1), the right toobtain a patent therefor shall be deemed to be abandoned.  
(6) If there has been a violation of an order to  maintain secrecy under paragraph (1), the right to
request the payment of compensation for the loss ar ising from maintaining secrecy shall be deemed to
be abandoned.  
(7) Matters relating to the procedure, etc., for prohibiting the filing of an application abroad,
proceedings for maintaining secrecy under paragraph (1), or for expropriation or payment of
compensation under paragraphs (2) to (4) shall be prescribed by Presidential Decree. 
Article 42  Patent Application
 
(1) Any person desiring to obtain a patent shall file a patent application with the Commissioner of the
Korean Intellectual Property Office stating the following: 
  (i) the name and the domicile of the applicant (if a legal entity, the title and place of business);   (ii) the name and the domicile, or place of business, of the agent, if any ( the title, place of
business and the name of the designated patent attorney if the agent is a patent corporation); 
  (iii) Deleted.  (iv) the title of the invention;  (v) the name and the domicile of the inventor.   (vi) Deleted.
 
(2) The patent application under paragraph (1) shall be accompanied by a specification, drawing or
drawings (if necessary), and an abstract stating the following: 
  (i) the title of the invention;    (ii) a brief explanation of the drawings;   (iii) a detailed description of the invention; and 
  (iv) claim(s). IP/N/1/KOR/P/3
Page 21
(3) The detailed description of the invention under paragraph (2)(iii) shall state the purpose,
construction, and effect of the invention in such a manner that it may easily be carried out by a personhaving ordinary skill in the art to which the invention pertains.  (4) The claim(s) under paragraph (2)(iv) shall describe the matter for which protection is sought inone or more claims (hereinafter referred to as "claim(s)") and the claim(s) shall comply with each ofthe following sub-paragraphs: 
  (i) the claim(s) shall be supported by a detailed description of the invention; 
  (ii) the claim(s) shall define the invention clearly and concisely; and   (iii) the claim(s) shall define only the features indispensable for the constitution of the
invention. 
 
(5) Details concerning the drafting of claim(s) under paragraph (2)(iv) shall be prescribed byPresidential Decree.  (6) Details concerning the description of an abstract under paragraph (2) shall be prescribed by the
Ordinance of the Ministry of Commerce, Industry and Energy. 
 
Article 43 Abstract  
 
An abstract under Article 42(2) shall not be interpreted to define the scope of the invention for which
protection is sought but rather, shall serve as a technical information document.  
Article 44 Joint Applications  
 
Where the right to obtain a patent is owned jointly under Article 33(2), all the joint owners shall apply
for the patent application jointly.    
Article 45 Scope of One Patent Application  
 
(1) A patent application shall relate to one invention only. However, a group of inventions so linked
as to form a single general inventive concept may be the subject of a patent application.  (2) The requirements for one patent application under paragraph (1) shall be prescribed byPresidential Decree. 
 IP/N/1/KOR/P/3
Page 22
Article 46 Amendment of Procedure  
 
The Commissioner of the Korean Intellectual Property Office or the President of the Intellectual
Property Tribunal may order an amendment to a patent-related procedure, designating a time limit ifsaid procedure falls under any of the following subparagraphs: 
  (i) where the procedure has not complied with the provisions of Article 3(1) or 6; 
  (ii) where the procedure has not complied with the formalities specified in the Patent Law or
Presidential Decree thereof; or 
  (iii) where fees required in accordance with Article 82 have not been paid. 
 
Article 47 Amendment of Patent Application  
 
(1) An applicant may amend the specification or drawings attached to a patent application before the
examiner issues a certified copy of a decision to grant a patent under Article 66.  However, in casesthat fall under any of the following subparagraphs, an applicant may amend the application within thetime limit prescribed in the subparagraphs:  
  (i) where an applicant receives notification of the reasons for refusal under Article 63
(hereinafter referred to as a "notice of the reasons for refusal") for the first time or receives
a notice of the reasons for refusal that does not apply under paragraph (ii), the time limitdesignated for submission of arguments against the notice of the reasons for refusalthereof; 
  (ii) where an applicant receives a notice of the reasons for refusal of an amendment made in
response to a notice of the reasons for refusal issued under paragraph (i), the time limitdesignated for submission of arguments in response to said notice; or 
(iii) where an applicant requests a trial against a decision of refusal of a patent under Article
132ter, the time limit shall be thirty days from the filing date of the request.  
(2) An amendment to a specification or drawings under paragraph (1) shall be within the scope of the
features disclosed in the specification or draw ing(s) originally attached to the application. 
(3) An amendment to the claims made under paragraphs (1)(ii) and (iii) shall be limited to the scope
prescribed in any of the following subparagraphs.  Where an amendment is made under paragraph(iii), it shall be limited to that which is indicate d by the examiner in the notice of the reasons for
refusal. 
(i) to narrow a claim;  
(ii) to correct a clerical error; or IP/N/1/KOR/P/3
Page 23
(iii) to clarify an ambiguous description. 
(4) An amendment under paragraph (3)(i) shall meet the following requirements: 
(i) An amendment to a specification or drawings shall neither essentially expand nor modify the
scope of the claims; and  
(ii) The matters described in the claims after amendment shall be regarded as having been
patentable at the time of the filing of the patent application.  
Article 48   Deleted
 
Article 49 Treatment of an Amendmen ts to a Dual Application, etc.  
 
(1) Deleted. 
 (2) If a dual application , as prescribed in Article 53 , is recognized to extends beyond the scope
described in the claims of the utility model registration in the specification  that was initially attached
to the application for utility model registration after registration of the patent right has beenestablished, said dual application shall be deemed to have been filed on the date when the applicationin writing was submitted. 
 
Article 50  Deleted    
 
Article 51 Rejection of an Amendment  
 
(1) Where an amendment under Article 47(1)(ii) is deemed to be in violation of paragraphs (2) to (4)
of said Article, the examiner shall reject the amendment by decision. 
(2) The decision to reject an amendment under paragraph (1) shall be made in writing and shall state
the reasons therefor. 
(3) No appeal shall be made against a decision to reject under paragraph (1).  However, this provision
shall not apply in an appeal against the final rejection of the patent under Article 132 ter.
 
Article 52 Division of a Patent Application  
 
(1) An applicant who has filed a patent application comprising of two or more inventions may divide
the application into two or more applications in accordance with the time period allowed foramendment as prescribed under Article 47(1). IP/N/1/KOR/P/3
Page 24
(2) A patent application divided under paragraph (1) (hereinafter referred to as a "divisional
application") shall be deemed to have been filed at the time of filing of the original patent application.However, in applying the provisions of the following subparagraphs to said divisional application,such an application shall be deemed to be made at the time when the divisional application was filed : 
  (i) in the case where Article 29(3) of this Law or Article 5(3) of the Utility Model Law is applicable
when the divisional application falls under an another patent application under Article 29(3) ofthis Law or a patent application under Article 5(3) of the Utility Model Law; 
(ii) in the case where Article 30(2) is applicable; 
(iii) in the case where Article 54(3) is applicable; or (iv) in the case where Article 55(2) is applicable.  
(3) A person who files a divisional application under paragraph (1) shall indicate the purpose thereofand the patent application that forms the basis of the division. 
(4) In a divisional application, any person claiming priority as prescribed in Article 54, may file the
documents as prescribed in paragraph (4) of the said Article with the Commissioner of the Korean
Intellectual Property Office within three months after filing a divisional application, regardless of the
period as prescribed in the said paragraph of the said Article.  
Article 53 Dual Application  
 
(1) A person who makes an application for utility model registration may make an application for
patent (hereinafter referred to as a "dual applicatio n") within the limit of such matters as stated in the
claims of the utility model registration in the specification , which are initially attached to the
application for said utility model registration from the filing date of the application for utility modelregistration to one year from the date when the establishment of a utility model right has beenregistered. 
 
(2) A person who makes a dual application under para graph (1) shall, at the time when an application
for patent is made, indicate the purpose thereof and the application for utility model registration ,
which forms the basis thereof in an application for a patent.  
(3) When a dual application is carried out pursuant to paragraph (1), the application for patent shall be
deemed to have been filed on the filing date of the utility model application. However, in a case where
the provisions of the following subparagraphs apply to such an application for patent, it is deemed tobe made at the time when said dual application is made : IP/N/1/KOR/P/3
Page 25
  (i) in the case where  Article 29(3) of this Law or Article 5(3) of the Utility Model Law is applicable
when the application for patent falls under an another patent application under Article 29(3) ofthis Law or a patent application under Article 5(3) of the Utility Model Law; 
  (ii) in cases where Article 30(2) is applicable;   (iii) in cases where Article 54(3) is applicable; or   (iv) in cases where Article 55(2) is applicable. 
 
(4) A person who claims a priority , as prescribed in Article 54 , in making an application for a patent
under paragraph (1) may, notwithstanding the provision of paragraph (4) of said Article, submit suchdocuments as prescribed in said paragraph to the Commissioner of the Korean Intellectual PropertyOffice within three months after he makes the dual application. 
 
Article 54 Priority Claim Under Treaty  
 
(1) If a national of one of the countries which recognizes under a treaty a right of priority for a patent
application filed by a national of the Republic of Korea, claims the right of priority for a patentapplication in the Republic of Korea on the basis of the initial application for the same invention in
his country or in one of the said countries, the filing date of the initial application in the foreign
country shall be deemed to be the filing date in the Republic of Korea for the purposes of Articles 29and 36. Where a national of the Republic of Korea has filed a patent application in a country whichrecognizes under a treaty the right of priority for patent applications filed by nationals of the Republicof Korea, and claims the right of priority for a patent application in the Republic of Korea on the basisof the initial application for the same invention in the said country, this provision shall also apply. 
 
(2) A person intending to claim the right of prio rity in accordance with paragraph (1) shall file a
patent application claiming the right of priority within one year from the filing date of the initialapplication.  
(3) A person intending to claim the right of prio rity in accordance with paragraph (1) shall specify
such claim, the name of the country in which the initial application was filed and the filing date of
such application in the patent application which he files in the Republic of Korea. 
 
(4) A person who has claimed the right of priority under paragraph (3) shall submit to the
Commissioner of the Korean Intellectual Property Office the documents prescribed in paragraph (i) orthe written statement prescribed in paragraph (ii).  However, the written statement referred to inparagraph (ii) shall be submitted only in cases where the country is prescribed by Ordinance of the
Ministry of Commerce, Industry and Energy: IP/N/1/KOR/P/3
Page 26
  (i) a written statement setting forth the filing date of the application and a copy of the specification
and drawings certified by the government of the country where the initial application was filed;or 
  (ii) a written statement setting forth the file number of the application in the country where the initial
application was filed. 
(5) Documents under paragraph (4) shall be submitted within one year and four months from the
earliest among the dates prescribed in the following subparagraphs:   (i) the date on which the application was first filed in a country that is a party to a treaty;   (ii) the filing date of the earlier application which would be the basis for claiming a priority right in
cases where a patent application contains other priority claims in accordance with Article 55(1);or 
  (iii) the filing date of the application that is to be the basis for claiming a priority right in cases where
a patent application contains other priority claims in accordance with paragraph (3). 
(6) Where a person who has claimed the right of priority under paragraph (3) fails to submit the
document prescribed under paragraph (4) within the prescribed time limit, the claim to the right ofpriority shall lose its effect. 
(7) A person who is eligible to claim the right of  priority under paragraph (1) and is in compliance
with the requirements of paragraph (2) may amend or add said priority claims within one year and
four months from the earliest date prescribed under paragraph (5).  
Article 55 Priority Claim Based on Patent Application, etc.  
 
(1) A person desiring to obtain a patent may claim the right of priority for an invention claimed in a
patent application which has been disclosed in the description or drawings originally attached to a
patent or utility model application, for which he has the right to obtain a patent or utility modelregistration, and which has been filed earlier (hereinafter referred to as an "earlier application") exceptin any of the following cases:   (i) where the patent application concerned is filed more than one year from the filing date of the
earlier application; 
  (ii) where the earlier application is a divisional application under Article 52(2) or a dual application
under Article 53 of this Law or a divisional application under Article 16(2) of the Utility Model
Law or a dual application under Article 17 of the Utility Model Law; 
  (iii) where the earlier application has been aban doned, invalidated, withdrawn or rejected at the time
the patent application is filed; IP/N/1/KOR/P/3
Page 27
  (iv) where an examiner's decision to grant or refuse a patent, or a trial decision on the earlier
application has become final and conclusive; or 
  (v) where the earlier application is registered under Article 35(2) of the Utility Model Law at the
time when said patent application is made.  
 
(2) A person intending to claim the right of prior ity under paragraph (1) shall, simultaneously with the
patent application, make such a claim and identify the earlier application in the patent application. 
 
(3) For inventions which are amongst those described in a patent application containing a priorityclaim under paragraph (1), which are disclosed in the specification or drawings originally attached to
the earlier application which would be the basis for claiming a priority right, [excluding thoseinventions disclosed in the specification or drawings submitted at the time of the filing of anapplication whose priority is claimed for an earlier application in the case where that earlierapplication contains a priority claim under paragraph (1) of this Article or under Article 4D(1) of theParis Convention for the Protection of Intellectual Property] the patent application shall be consideredto have been filed at the time when the earlier application was filed for the purpose of Articles 29(1)
or (2), and 29(3) (principal sentence), 30(1), 36(1) to (3), 47(4)(ii), 96(1)(iii), 98, 103, 105(1) and (2),
129 and 136(4)(including cases that apply mutatis mutandis  to Article 77(3) or 133 bis(3)) of the
Patent Law, Articles 8(3), (4) and 39 of the Utility Model Law, or Articles 45 and 52(3) of the DesignLaw.  (4) For inventions which are amongst those described in the specification of drawings originallyattached to a patent application containing a priority claim under paragraph (1), which are disclosed inthe specification or drawings originally attached to the earlier application which would be the basisfor claiming a priority right, [excluding those inventions disclosed in the specification or drawings
submitted at the time of the filing of an application whose priority is claimed for an earlier application
in the case where that earlier application contains a priority claim under paragraph (1) of this Articleor under Article 4D(1) of the Paris Convention for the Protection of Intellectual Property] the layingopen of the earlier application for public inspection shall be considered to have been effected at thetime when the publication after registration of a patent right or the laying open of the patentapplication for public inspection was effected, for the purposes of the principal sentence of Article29(3) of the Patent Law and the principal sentence of Article 5(3) of the Utility Model Law. In thiscase, where the earlier application is an internat ional application which is deemed to be a patent
application under Article 199(1) of this Law or which is deemed to be a utility model registration
application under Article 57(1) of the Utility Model Law (including an international applicationIP/N/1/KOR/P/3
Page 28
considered to be a patent application or a utility model application under Article 214(4) of the Patent
Law or Article 71(4) of the Utility Model Law), "an invention or device described both in thespecification, claim or drawings of the international application as of the international filing date andin the translated version thereof" in Article 29(4) of the Patent Law shall read "an invention or devicedescribed in the specification, claim or drawings of the international application as of the internationalfiling date."   
(5) A person who is eligible to claim the righ t of priority under paragraph (1) and who is in
compliance with the requirements referred to in paragraph (2) may amend or add said priority claimswithin one year and four months from the filing date of the earlier application (the earliest filing date
in cases where there are two or more earlier applications). 
Article 56 Withdrawal of an Earlier Application, etc.  
 
(1) IF an application is filed claiming priority from an earlier application under Article 55(1), the
earlier application shall be deemed to have been with drawn at the time that priority is claimed if the
earlier application is utility model application and at the expiration of one year and three months fromthe filing date of the earlier application if the earlie r application is a patent application.  However, this
provision shall not apply where that earlier application falls under any of the followingsubparagraphs: 
  (i) in the case of its being abandoned, invalidated, withdrawn, or rejected; 
  (ii) in the case where an examiner's decision of patentability, or a trial or trial decision, rejecting the
application has become final and conclusive; 
  (iii) in the case where priority claims based on the earlier application concerned have been
withdrawn; or 
  (iv) in a case of it being registered under Article 35(2) of the Utility Model Law. 
 
(2) The applicant of a patent application containing a priority claim under Article 55(1) may notwithdraw the priority claim after the expiration of one year and three months from the filing date of
the earlier application. 
 (3) Where the patent application containing a priority claim under Article 55(1) is withdrawn withinone year and three months from the filing date of the earlier application, the priority claim shall bedeemed withdrawn simultaneously therewith.  IP/N/1/KOR/P/3
Page 29
CHAPTER III  
EXAMINATION  
   
Article 57 Examination by Examiner  
 
(1) The Commissioner of the Korean Intellectual Property Office shall have applications for patents
and oppositions to the grant of patents examined by an examiner.  (2) The qualifications for examiners shall be prescribed by Presidential Decree. 
 
Article 58 Search for Prior Art, etc  
 
(1) If it is deemed necessary for the process of examination, the Commissioner of the Korean
Intellectual Property Office may rely on a specialized search organization for searching prior art. 
(2) If it is deemed necessary for the process of examination, the Commissioner of the Korean
Intellectual Property Office may request the cooperation of, or seek advice from, a governmentagency, an organization specialized in the technology concerned or an expert having profoundknowledge and experience in patent matters, and may, pay them allowances or expenses for suchcooperation or advice within the limits of the budget of the Korean Intellectual Property Office.  (3) Necessary matters concerning the designation of specialized search organizations, such as astandard for designation and implementation procedures for searching documents under paragraph(1), shall be prescribed by Presidential Decree. 
     
Article 58 bis Cancellation of the Designation of a Specialized Search Organization 
Where a specialized search organization falls under any of the following subparagraphs, the
Commissioner of the Korean Intellectual Property Office may cancel the designation of said searchorganization or order suspension of its business operations within a designated time limit.  However,if a specialized search organization falls under subparagraph (i), the Commissioner of the KoreanIntellectual Property Office must cancel its designation:         (i) where the search organization has obtained designation through false or unfair means; or  
        (ii) where the standard for designation is improper under Article 55(3).  
                
        Article 59 Request for Examination of a Patent Application  
 
(1) A patent application shall be examined only upon the filing of a request for examination. IP/N/1/KOR/P/3
Page 30
  (2) When a patent application has been filed, any person may make a request for examination of the
patent application to the Commissioner of the Korean Intellectual Property Office within five yearsfrom the filing date thereof.  
(3) With respect to a divisional application under Article 52(2), or a dual application under Article 53,
a request for examination can be made even after the expiration of the period prescribed in paragraph
(2) within thirty days from the date of the division or the dual application.  
(4) A request for examination of an application shall not be withdrawn. 
 
(5) If a request for examination has not been made within the time limits prescribed in paragraph (2)
or (3), the patent application concerned shall be deemed to have been withdrawn.  
Article 60  Procedure for a Request for Examination  
 
(1) Any person desiring to make a request for examination of an application shall submit a written
request for examination of an application to th e Commissioner of the Korean Intellectual Property
Office, stating the following:   (i) the name and the domicile of the person making the request (if a legal entity, the title, the place of
business and the name of its representative); 
  (ii) the date of submission of the request; and 
  (iii) the identification of the patent application for which the request for examination is made. 
 
(2) The Commissioner of the Korean Intellectual Property Office shall, where a request for
examination has been made prior to the publication of an application, publish such fact in the PatentGazette at the time the application is laid open. Where a request for examination has been made afterthe laying-open of the application, the Commissioner shall publish such fact in the Patent Gazette
without delay. 
 
(3) The Commissioner of the Korean Intellectual Property Office shall, where a request for
examination of an application has been made by a person other than the applicant, notify the applicantof such fact. 
 
Article 61 Preferential Examination  
The Commissioner of the Korean Intellectual Property Office may direct the examiner to examine one
application in preference over another if the former falls under any of the following subparagraphs: IP/N/1/KOR/P/3
Page 31
  (i) where a person other than the applicant is commercially and industrially working the invention
claimed in a patent application after the laying-open of the application; or 
  (ii) where the Commissioner of the Korean Intellectual Property Office deems it necessary to
urgently process a patent application as prescribed by Presidential Decree. 
 
Article 62 Decision of Refusal of Patent  
 
The examiner shall make a decision to refuse a patent where the invention falls under any of the
following subparagraphs (hereinafter referred to as "reason for refusal"):   (i) where the invention is not patentable under Articles 25, 29, 31, 32, 36(1) to (3), or 44;   (ii) where the application is filed by a person who does not have the right to obtain a patent therefor
under the provision of Article 33(1) of where the invention is not patentable under the proviso of
Article 33(1); 
  (iii) where it is in violation of a treaty;    (iv) where it has not satisfied the requirements prescribed under Article 42 (3) to (5) or 45; or 
(v) where the application is amended in violation of Article 47(2). 
Article 63 Notification of Reasons for Refusal
 
Where an examiner intends to render a decision to refuse a patent under Article 62, he or she shall
notify the applicant of the reasons and give the applicant an opportunity to submit a written statementof applicant's arguments and shall designate a time limit for such submission.  However, thisprovision shall not apply if the examiner intends to reject an amendment under Article 51(1) as itapplies under Article 47(1)(ii).
Article 64 Laying Open of Application
 
(1) Under Ordinance of the Ministry of Commer ce, Industry and Energy, the Commissioner of the
Korean Intellectual Property Office shall lay open a patent application in the Patent Gazette one yearand six months from the date prescribed under any of the following subparagraphs or upon requestfrom the applicant even before the expiration of one year and six months from said date.  However,this provision shall not apply where the application has already been published in accordance withArticle 87(3): 
  (i) where a patent application contains a priority claim under Article 54(1), the priority date
shall apply; 
  (ii) where a patent application contains a priority claim under the provisions of Article 55(1), the
filing date of the earlier application shall apply as prescribed in Article 55(1);  IP/N/1/KOR/P/3
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  (iii) the earliest filing date among the filing dates of two or more applications that are the basis
for claiming a priority right in a patent application under Article 54(1) or 55(1); or 
  (iv) where a patent application does not fall under any of subparagraphs (i) to (iii), the filing date
of the patent application shall apply.
(2) Any person may, at the time the application is laid open under paragraph (1), furnish the
Commissioner of the Korean Intellectual Property Office with information together with evidence, to
the effect that the invention concerned is unpatentable under Article 62. However, if the requirements
prescribed in Article 42(5) and 45 mentioned in subparagraph (iv) of Article 62 are not complied with,this provision shall not apply.  (3) The provisions of Article 87(4) shall apply mutatis mutandis  to the laying-open of applications
under paragraph (1).   (4) Matters to be published in the Patent Gazette with respect to the laying-open of applications underparagraph (1) shall be prescribed by the Presidential Decree. 
 
Article 65 Effects of Laying Open of Application
 
(1) After an application is laid open, an applicant may warn a person who has commercially or
industrially worked the filed invention, in writing indi cating that a patent application for the invention
has been filed. 
 
(2) An applicant may demand a person who has commercially or industrially worked the filedinvention after being warned as provided in para graph (1) or knowing that the invention has been
laid open, to pay compensation in an amount equivalent to what he would have normally receivedfor the working of the invention from the date of warning or the time when he/she knew that the
patent application of the invention had been laid open to the time of the registration of the patentright. 
 
(3) The right to demand compensation as provided in paragraph (2) shall be exercised only after theregistration of the patent right.   (4) The exercise of the right to demand compensation under paragraph (2) shall not preclude theexercise of the patent right.   IP/N/1/KOR/P/3
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(5) Articles 127, 129, and 132 of the Patent Law, or Articles 760 and 766 of the Civil Code shall
apply mutatis mutandis  to the exercise of the right to demand compensation under paragraph (3). In
such case, "the time when the damaged party or his legal representative became aware of suchdamage and of the identity of the person causing it" in Article 766(1) of the Civil Code shall read "thedate of registration of the involved patent right."  (6) Where a patent application is abandoned, invalidated or withdrawn after the laying-open of the
application, or a decision of refusal or revocation of a patent under Article 74(3), or a decision to
invalidate a patent under Article 133 (except where prescribed under subparagraph (iv) of Article 133(1)) has become final and conclusive, the right under paragraph (2) shall be deemed never to haveexisted.   
Article 66 Decision to Grant a Patent
Where an examiner does not find any grounds for rejecting a patent application, he shall render a
decision to grant a patent.  
Article 67 Formalities for Decision of Patentability  
 
(1) A decision to either grant or refuse a patent (hereinafter referred to as a "decision of patentability")
shall be made in writing and shall state the reasons therefor.  (2) Where a decision of patentability has been rendered, the Commissioner of the Korean IntellectualProperty Office shall transmit a certified copy of the decision to the patent applicant.  
 
Article 68 Mutatis Mutandis  Application of Provisions Concerning
Trial to Examination
 
The provisions of Article 148(i) to (v) and (vii) shall apply mutatis mutandis  to the examination of a
patent application.  
Article 69 Opposition to the Grant of a Patent  
 
(1) Any person can file an opposition to the granting of a patent with the Commissioner of the Korean
Intellectual Property Office on the grounds that the patent falls under any one of the following
subparagraphs from the date of publication of the registration of the patent to three months from dateof registration of the patent right.  Where the patent contains two or more claims, an opposition maybe filed against each claim: IP/N/1/KOR/P/3
Page 34
  (i) where the patent has been granted contrary to the provisions of Article 25, 29, 31, 32, 36(1) to (3)
or 44; 
  (ii) where the application is filed by a person who does not have the right to obtain a patent under the
provision of Article 33(1) or where the invention is not patentable under the proviso of Article33(1);    
  (iii) where the patent has been granted in violation of a treaty ; 
  (iv) where the patent has been granted contrary to the provision of Article 42(3) or (4);  
  (iv) bis where the application is amended in the violation of Article 47(2); or 
  (v) where the establishment of the patent has been registered in violation of the proviso of Article
87(2) . 
 (2) A person who files an opposition (hereinafter referred to as "the opponent") shall submit a writtenopposition together with the relevant evidence stating the following:   (i) the name and the domicile of the opponent (if the opponent is a legal entity, its title and place of
business);  
  (i)bis if the opponent has an agent, the name and the domicile or place of business of the agent (if the
agent is a patent corporation, its title, place of business and the name of the appointed patent
attorney);  
  (ii) the identification of the patent to which the opposition is made; or   (iii) the grounds for the opposition and identification of the relevant evidence.  (3) The provisions of Article 133(4) shall apply mutatis mutandis  to an opposition. 
 
Article 70 Amendment of Grounds for Opposition, etc.  
 
(1) An opponent may amend the grounds and evidence set forth in the written opposition within thirty
days from the expiration of the time limit for opposition.  (2) When an opposition to the grant of a patent is filed, the presiding examiner designated under
Article 71(3) shall transmit a copy of the written opposition to the patentee and give him an
opportunity to submit a written response, designating a time limit for submitting such a response.  
Article 71 Collegial Body for Examination and Decision  
 
(1) Three examiners constituting a collegial body shall examine and rule on the opposition. 
 IP/N/1/KOR/P/3
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(2) The Commissioner of the Korean Intellectual Property Office shall designate examiners
constituting a collegial body for each opposition.  (3) The Commissioner of the Korean Intellectual Property Office shall designate one examiner fromthe collegial body pursuant to paragraph (2) as the presiding examiner.  (4) The provisions of Articles 144(2), 145(2), 146(2) and (3) shall apply mutatis mutandis  to the
collegial body and the presiding examiner. 
 
Article 72 Examination Ex Officio  in Examination of Opposition  
 
(1) In the examination of an opposition, grounds that have not been pleaded by the patentee or the
opponent may also be considered.  However, in such cases, the patentee and the opponent shall bothbe given an opportunity to state their opinion within a designated time limit. 
 (2) In the examination of opposition, no examination may be made on the purpose of a claim notsubmitted by the opponent.  
 
Article 73 Joint or Separate Oppositions  
 
(1) Where two or more oppositions have been filed, the examiners may examine or decide upon them
jointly or separately. 
 
(2) Deleted. 
(3) Deleted. 
Article 74 Decision on Opposition
 
(1) After the expiration of the time limits provided fo r under Article 70(1) and (2), the examiner shall
render a decision on the opposition.  (2) Notwithstanding the provision of Article 70(1), where the opponent fails to submit the groundsand evidence within the time limit for opposition under Article 69(1), the presiding examiner may
reject the opposition by decision. 
 (3) Where it is deemed that the opposition has legitimate grounds, a collegial body shall render adecision to revoke the patent (hereinafter referred to as a "decision to revoke a patent").  IP/N/1/KOR/P/3
Page 36
(4) Where a decision of revocation of a patent becomes conclusive, the patent shall be deemed never
to have existed.  
(5) Where it is deemed that the opposition has no grounds, a collegial body shall render a decision to
maintain a patent (hereinafter referred to as a "decision of maintenance of a patent"). 
 
(6) No appeal shall be made against a decision of rejection or a decision of maintenance of a patent
rendered in an opposition. 
 
Article 75  Manner of Decision on Opposition  
 
(1) All decisions on patent opposition shall be made in writing which shall include the following, and
the examiner who has made the decision shall sign and seal it:   (i) the case number of the opposition;   (ii) the name and the domicile of the patentee and the opponent (if the opponent is a legal entity, its
title and place of business);  
  (ii)bis if the patentee or opponent has an agent, the name and the domicile or place of business of the
agent (if the agent is a patent corporation, its title, place of business and the name of the appointedpatent attorney);  
  (iii) the identification of the patent related to the decision;   (iv) the conclusion and grounds of the decision; and    (v) the date of the decision. 
 
(2) Where a decision on an opposition is made, the presiding examiner shall transmit a certified copy
of the decision to the patentee as well as the opponent.  
Article 76 Withdrawal of Opposition  
 
(1) An opposition may not be withdrawn after a certified copy of the decision under Article 75(2) has
been delivered or after a notification stating the applicant's argument has been made under the latterpart of Article 72(1). 
(2) The provisions of Article 161(2) and (3) shall apply mutatis mutandis  to a withdrawal of the
opposition.  IP/N/1/KOR/P/3
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Article 77  Correction of Patent in an Opposition
(1) A patentee may make a request for correction of the specification or drawings of a patented
invention within the period designated under Article 70(2) or the latter part of 72(1) where it falls
under any of the subparagraphs of Article 47(3). 
(2) Where a request for correction as referred to in paragraph (1) has been made, the presiding
examiner shall transmit a copy of the request for correction to the opponent. 
(3) The provisions of Articles 136(2) to (5), (7) to (9), 139(3) and 140(1), (2) and (5) shall apply
mutatis mutandis  to request for correction under paragraph (1).  In such cases, "before issuance of a
notification of closure of the trial examination und er Article 162(3) (where the trial examination is
reopened under Article 162(4), before a subsequent notification of the closure of the trial examinationis issued under Article 162(3))" in Article 136(9) shall read "within the designated period where there
is a notification issued under Article 136(5)". 
(4) Where a decision is rendered to allow correction of the specification or drawings of a patented
invention, Commissioner of the Korean Intellectual Property Office shall publish the contents of thecorrection in the Patent Gazette. 
Article 78 Suspension of Examination or Litigation Proceedings  
 
(1) The examination procedure of a patent application or an opposition to the grant of a patent may, if
necessary, be suspended until a decision on an opposition or a trial becomes conclusive or litigationproceedings have been completed.  
(2) The court may, if necessary, suspend the proceedings until the examiner's decision on a patent
application or an opposition to the grant of a patent becomes final and conclusive.  (3) No appeal shall be made against the suspension under paragraphs (1) and (2).  
Article 78 bis Mutatis Mutandis Application of  
Provisions Concerning Trials to Opposition  
 
The provisions of Articles 141(1) to (3), 142, 148(i) to (v), (vii), 154(8), 157, 165(3) to (6) and 166
shall apply mutatis mutandis  to the examination and decision of oppositions. 
   IP/N/1/KOR/P/3
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CHAPTER IV  
PATENT FEES AND PATENT REGISTRATIONS, ETC.  
 
Article 79  Patent Fees  
 
(1) A person who wishes to register a patent right, or a patentee under Article 87(1), shall pay the
patent fees.  (2) Matters necessary to the payment of patent fees, including the method and time limits for thepayment of patent fees under paragraph (1), shall be prescribed by the Ordinance of the Ministry ofCommerce, Industry and Energy. 
 
Article 80  Payment of Patent Fees by Interested Party  
 
(1) Regardless of the intent of a person liable to pay patent fees under the terms of Article 79(1), any
interested party may pay the patent fees. 
 (2) An interested party who has paid the patent fees in accordance with paragraph (1) may demand
reimbursement of his expenses to the extent that the person liable to pay is currently making a profit.  
Article 81 Late Payment of Patent Fees  
 
(1) A patentee or any person wishing to register a patent right may make late payment of the patent
fees within six months following the expiration of the payment period prescribed under Article 79(2).  
(2) Where patent fees are paid late under paragraph (1), an amount equivalent to twice the patent fees
shall be paid.  
(3) If the patentee or a person wishing to register a patent right does not pay the patent fees within the
extended period provided for under paragraph (1), the patent application shall be deemed to have beenabandoned and the patent right concerned shall be deemed to have been extinguished retroactively to
the time when the period for payment of the patent fees expired. 
 
Article 81 bis Recovery of a Patent application or Patent Right by Late Payment of the Patent
Fees 
(1) If a patentee or any person wishing to register a patent right has failed to observe the time limit for
late payment of the patent fees under Article 81(1) due to unavoidable circumstances, he may makeIP/N/1/KOR/P/3
Page 39
late payments of the patent fees within fourteen days after said reason ceases to exist.  However, this
provision shall not apply where six months has elapsed after said period expires under Article 81(1). 
(2) Where late payment of the patent fees is  submitted in accordance with paragraph (1),
notwithstanding the provision of Article 81(3), the patent application shall be deemed not to have
been abandoned and the concerned patent right shall be deemed to have continued retroactively from
the date on which the period for payment of the patent fees expired. 
(3) The effects of a patent application or a patent right under paragraph (2) shall not extend to another
person's working of the patented invention from the date of expiration of the extended period for latepayment of the patent fees to the date of submittal of late payment of the patent fees (hereinafter
referred to as an "the term of limited effect"). 
(4) During the term of limited effect, a person who has been commercially or industrially working or
preparing to work an invention in good faith under a patent application or patent right in accordancewith paragraph (2) in the Republic of Korea, shall have a non-exclusive license on that patent rightunder the patent application.  Said license shall be within the scope of the object of the invention or
business that he/she is working or preparing to work.
(5) A person who has been granted a non-exclusive license in accordance with paragraph (4) shall pay
reasonable remuneration to the patentee or exclusive licensee.  
Article 82 Official Fees  
 
(1) A person initiating a patent-related procedure shall pay the official fees. 
 
(2) Where the number of claims is increased because of amendments to the specification after a
request for examination made by a person other than the applicant, the applicant shall pay the fees for
the request for examination corresponding to the increased number of claims.  
(3) Matters necessary to the payment of official fees, including the method and time limits for
payment of the fees under paragraph (1), shall be prescribed by the Ordinance of the Ministry of
Commerce, Industry and Energy.  
Article 83 Reduction or Exemption of  Patent Fees or Official Fees  
 
(1) Notwithstanding Articles 79 and 82, the Commissioner of the Korean Intellectual Property Office
shall grant an exemption from the payment of patent fees or official fees in the following situations: IP/N/1/KOR/P/3
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  (i) official fees or patent fees corresponding to the patent applications or patent rights belonging to
the State; or 
  (ii) fees related to requests for an invalidation trial made by an examiner under Articles 133(1),
134(1) or 137(1). 
 
(2) Notwithstanding Articles 79 and 82, where the patent application has been filed by an entitled
person in accordance with Article 3 of the National Assistance Law, or a person prescribed by theOrdinance of the Ministry of Commerce, Industr y and Energy, the Commissioner of the Korean
Intellectual Property Office may reduce or exempt the payment of the fees prescribed by theOrdinance of the Ministry of Trade, Industry and Energy and the for the patent fees for obtaining theregistration of a patent right for the first three years.  (3) A person who wishes to take advantage of reduced fees or exemption from the payment of thepatent fees or official fees in accordance with paragraph (2) shall submit the documents prescribed by
the Ordinance of the Ministry of Commerce, Indus try and Energy to the Commissioner of the Korean
Intellectual Property Office.  
Article 84 Refund of Patent Fees, etc.  
 
(1) Patent fees and official fees which have been paid shall not be refunded. However, in the
following cases such fees shall be refunded upon a request by the person who made such payment: 
  (i) patent fees or official fees paid by mistake;   (ii) portion corresponding to the patent fee for the years subsequent to the year in which a decision of
revocation of a patent or a decision of invalidation on the patent becomes final and conclusive;or 
  (iii) portion corresponding to the patent fee for the years subsequent to the year in which a decision
of invalidation on the registration of patent term extension becomes final and conclusive. 
 (2) When Patent fees and official fees have been  paid incorrectly, the Commissioner of the Korean
Intellectual Property Office shall issue a notification to the party who paid said Patent fees and officialfees. 
(3) The refund of the patent fees and official fees under paragraph (1)(i) may not be claimed if more
than one year has elapsed from the date of notification of the incorrect payment, and the refund of theportions corresponding to the patent fee under subparagraphs (ii) and (iii) of said paragraph may notIP/N/1/KOR/P/3
Page 41
be claimed after one year from the date when a decision of revocation of the patent or a decision of
invalidation of the patent becomes final and conclusive.   
Article 85 Patent Register  
 
(1) The Commissioner of the Korean Intellectual Prope rty Office shall keep the Patent Register at the
Korean Intellectual Property Office and shall register the following matters:   (i)the establishment, transfer, extinguishment, restriction on disposal or extension of the term of a
patent right; 
  (ii)the establishment, maintenance, transfer, m odification, extinguishment, or restriction on disposal
of an exclusive or non-exclusive license; and 
  (iii)the establishment, transfer, modification, extinguishment or restriction on the disposal of a
pledge on a patent right or on an exclusive or non-exclusive license. 
 (2) All or parts of the Patent Register under paragraph (1) may be stored on magnetic tapes, etc.  (3) Necessary information relating to the matters and procedures of registration not provided for inparagraphs (1) or (2) shall be prescribed by Presidential Decree.  (4) Specifications and drawings of patent applications and documents prescribed by Presidential
Decree are considered to be part of the Patent Register. 
 
Article 86 Issuance of Certificate of Patent Registration  
 
(1) When a patent right has been registered, the Commissioner of the Korean Intellectual Property
Office shall issue the certificate of patent registration to the patentee.  (2) Where the certificate of patent registration do not coincide with the patent register or otherdocuments, the Commissioner of the Korean Intellectual Property Office shall reissue the certificateof patent registration with amendments, or  issue new letters patent upon request or ex officio . 
 
(3) When a decision on a trial for amendment under Article 136(1) has become final and conclusive,
the Commissioner of the Korean Intellectual Property Office shall issue new certificate of patentregistration in accordance with the trial decision . 
 
 IP/N/1/KOR/P/3
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 CHAPTER V  
PATENT RIGHT  
 
Article 87 Registration of Establishment of Patent Right and  
Publication of Registration  
 
(1) A patent right shall enter into effect upon establishment of registration thereof. 
 (2) Where patent fees have been paid in accordance with Article 79(1) or where an exemption fromthe payment of patent fees has been granted under Article 83(1)(i) and (ii), the Commissioner of theKorean Intellectual Property Office shall register the patent right.  However, in cases that fall under
any of the following subparagraphs , a patent right shall be registered only if an utility model right
concerned is abandoned : 
  (i) in a case where the establishment of an utility model right has been registered with respect to an
application for utility model registration which forms the basis of a dual application in such adual application ; and 
  (ii) in a case where a dual application (hereinafter referred to as a "dual application for utility model
registration" in this subparagraph) has been filed under Article 17 of the Utility Model Law onthe basis of an application for a patent and where the establishment of an utility model right hasbeen registered with respect to the dual application for utility model registration. 
 
(3) Where a registration has been made under paragraph (2), the Commissioner of the KoreanIntellectual Property Office shall publish the grant of the patent together with the relevant informationin the Patent Gazette.  (4) The publication of the registration of a patent for an invention required to be treated confidentiallyshall be reserved until it is declassified upon declassification, the registration shall be publishedwithout delay.  
(5) The Commissioner of the Korean Intellectual  Property Office shall provide the application
documents and the attached materials thereof for public inspection for a period of three months fromthe date of publication of registration.  (6) Matters to be published in the Patent Gazette with respect to the publication of registration underparagraph (3) shall be prescribed by the Presidential Decree.  IP/N/1/KOR/P/3
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Article 88 Term of Patent Right
 
(1) The term of a patent right shall commence upon registration of the patent right under Article 87(1)
and be in force for twenty years from the filing date of the patent application. 
(2) Where a patent is granted to a lawful holder of the right under Article 34 or 35, the term of a
patent right under paragraph (1) shall be calculat ed from the date following the filing date of the
patent application by the unentitled person.   (3) Deleted. 
(4) Where a patent application is deemed to have been filed at the time of submission of a dual
application under Article 49(2), the term of patent right under paragraph (1) of this Article shallcommence upon registration of the patent right and be in force for twenty years from the filing date of
the utility model application that is the basis of the dual application.  
 
Article 89 Extension of Term of Patent Right  
 
Notwithstanding the provisions of Article 88(1), where authorization or registration under provisions
of other laws or regulations were required in order to work a patented invention, and it has taken anextended period of time to complete the activity test, the safety tests, etc., necessary to obtain suchauthorization or registration (hereinafter referred to as a "authorization") and which is prescribed bythe Presidential Decree, the term of the patent right may be extended by a period, up to five years,during which the patented invention could not have been worked .  
Article 90  Application for Registration of Extension of Term
of Patent Right
(1) A person who wishes to apply for the registration of extension of a patent right under Article 89
(hereinafter referred to as "applicant for registration of extension") shall submit an application forregistration of an extension of the term of a patent right to the Commissioner of the KoreanIntellectual Property Office stating each of the following:
(i) the name and domicile of the applicant for registration of extension (if the applicant is a legal
entity, the title and location of place of business);
(ii) the name and domicile, or location of place of business, of the agent, if designated ( the name,
location of office and designated attorney’s name, if the agent is a patent corporation);IP/N/1/KOR/P/3
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(iii) the identification by its patent number of the patent for which an extension is applied, and the
claims of that patent;
(iv) the period of extension applied for;(v) the requirements for authorization under Article 89; and(vi) the grounds for extension as prescribed by the Ordinance of the Ministry of Commerce,
Industry and Energy (accompanied by materials substantiating said grounds).
(2) The application for registration of an extension of the term of a patent right shall be filed within
three months from the date the authorization under Article 89 was obtained; however, the applicationmay not be filed when the unexpired length of the term as provided for in Article 88 is less than sixmonths.
(3) Where the patent is owned by joint owners, an application for registration of an extension of the
term of a patent right shall be made in the names of all the joint owners.
(4) Where an application for registration of an extension of term of a patent right has been filed, the
term shall be deemed to have been extended, except where decision of refusal for registration ofextension of term under Article 91(1) has become final and conclusive.
(5) Where an application for registration of an extension of the term of a patent right has been filed,
the Commissioner of the Korean Intellectual Property Office shall publish the information prescribedin paragraph (1) in the Patent Gazette.
(6) An applicant for registration of an extension may make an amendment to the matter of paragraph
(1)(iii) to (vi) in the application for registration of an extension (except the patent number(Subparagraph iii) of the patent right to be extend ed) if said amendment is made before the examiner
transmits a certified copy of decision for registration or refusal of the extension.
Article 91 Decision of Refusal on Registration of
Extension of the Term of Patent Right
(1) The examiner shall make a decision to refuse an extension of the term of a patent right where it
falls under any of the following situations:
(i) where it is deemed that the authorization under Article 89 is not necessary for working the
patented invention;IP/N/1/KOR/P/3
Page 45
(ii) where the patentee, or a person who has an exclusive or non-exclusive license under the patent
right has not obtained the authorization under Article 89;
(iii) where the term for which an extension is applied exceeds the time period during which the
patented invention could not have been worked;
(iv) where the applicant for registration of an extension is not the patentee; or
(v) where the application for registration of an extension is made in violation of the provisions of
Article 90(3).
(vi) deleted
(2) "The time period during which the patented invention could not have been worked," as referred to
in paragraph (1)(iii), shall not include any period which has elapsed for reasons attributable to thepatentee.
Article 92 Decision etc., on Registration for
Extending Term of Patent Right
(1) Where the examiner finds no reason under any of the subparagraphs of Article 91(1) to refuse an
application for an extension of the term of a patent right, he or she shall render a decision to grant saidextension.
(2) When a decision of extension has been made under paragraph (1), the Commissioner of the
Korean Intellectual Property Office shall register the extension of the term of the patent right in the
Patent Register.
(3) When the registration under paragraph (2) has been made, the information prescribed in the
following subparagraphs shall be published in the Patent Gazette:
(i) the name and domicile of the patentee (if the patentee is a legal entity, the title and location of
place of business);
(ii) the patent number;(iii) the date of registration of the extension;(iv) the period of the extension; and(v) the requirements, etc., for the authorization under Article 89.
Article 93 Mutatis Mutandis Application of Provisions
The provisions of Articles 57 (1), 63, 67 and 148 (1) to (5) and (7) shall apply mutatis mutandis to the
examination of an application for the registration of an extension of the term of a patent right.IP/N/1/KOR/P/3
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Article 94 Effects of Patent Right
A patentee shall have the exclusive right to work a patented invention both commercially and
industrially. However, where the patent right is the subject of an exclusive license, this provision shallnot apply to the extent that the exclusive licensee has the exclusive right to work the patented
invention under Article 100(2).
Article 95 Effects of Patent Right the Term of
Which Has Been Extended
(a) The effects of a patent right, the term of which has been extended, shall not extend to
any other acts except the working of the patented invention with respect to such
products for which an authorization was the basis for registering the extension (or
where the authorization was obtained for any specific use of the product, with respect
to the product adapted for such specific use).
Article 96 Limitations on Patent Right
(1) The effects of the patent righ t shall not extend to the following:
(i) working of the patented invention for the purpose of research or experiment;(ii) vessels, aircraft or vehicles merely passing through the Republic of Korea or machinery,
instruments, equipment or other accessories used therein; or
(iii) articles existing in the Republic of Korea at the time the patent application was filed.
(2) The effects of the patent right for inventions of medicines (namely, products used for diagnosis,
therapy, alleviation, medical treatment or prevention of human disease, hereinafter referred to as"medicines") manufactured by mixing two or more medicines, or for inventions of processes formanufacturing medicines by mixing two or more medi cines, shall not extend to the acts of dispensing
medicines in accordance with the Pharmaceutical Affairs Law or to medicines manufactured by suchacts.
Article 97 Scope of Protection of Patented Invention
The scope of protection conferred by a patented invention shall be determined by the subject matters
described in the claims.
Article 98 Relation to Patented Invention, etc. of Another Person
Where the working of a patented invention would infringe another person's patented invention,
registered utility model or registered design or similar design under an application filed prior to theIP/N/1/KOR/P/3
Page 47
filing date of the patent application concerned, or where a patent right conflicts with another person's
design right or trademark right under an application for registration for a design right or trademarkright filed prior to the filing date of the patent application concerned, the patentee, exclusive licenseeor non-exclusive licensee shall not work the patented  invention commercially or industrially without
the license of the owner of the earlier patent, utility model right, or design right, or trademark rightexcept where Article 138(1) applies.
Article 99 Assignment and Co-ownership of a Patent Right
(1) A patent right may be assigned.
(2) Where a patent right is owned jointly, each co-owner of the patent right may neither assign his
share nor establish a pledge upon it without the consent of all the other co-owners.
(3) Where the patent right is owned jointly, each co-owner may, except as otherwise agreed by a
contract among all the joint owners, work the patented invention by himself without the consent of the
other joint owners.
(4) Where the patent right is owned jointly, a co-owner of the patent right may not grant an exclusive
license or a non-exclusive license of the patent right without the consent of all the other joint owners.
Article 100 Exclusive License
(1) A patentee may grant an exclusive license of the patent right to others.
(2) An exclusive licensee having been granted an exclusive license under paragraph (1), shall have the
exclusive right to work the patented invention commerc ially or industrially to the extent provided for
in the license contract.
(3) An exclusive licensee may not transfer the license without the consent of the patentee, except
where it is transferred together with the underlying business of the licensee, by inheritance or othergeneral succession.
(4) An exclusive licensee may not establish a pledge or grant a non-exclusive license on the exclusive
license without the consent of the patentee.
(5) The provisions of Article 99(2) to (4) shall apply mutatis mutandis to an exclusive license.IP/N/1/KOR/P/3
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Article 101 Effects of Registration of a Patent Right
and an Exclusive License
(1) The following shall be of no effect unless they are registered:
(/g142) the transfer (except through inheritance or other general succession) or extinguishment by
abandonment, or restriction on the disposal of a patent right;
(/g142) the grant, transfer (except through inheritance or other general succession), modification,
extinguishment (except through confusion), or restriction on the disposal; or of an exclusive
license; or
(/g142) the establishment, transfer (except through inheritance or other general succession)
modification, extinguishment (except through confusion), or restriction on the disposal of a
pledge on a patent right or exclusive license.
(2) Inheritance of, or other general succession relating to a patent right, exclusive license, and pledge
under paragraph (1) shall be notified without delay to the Commissioner of the Korean IntellectualProperty Office.
Article 102 Non-exclusive License
(1) A patentee may grant to others a non-exclusive license on his patent right.
(2) A non-exclusive licensee shall have the right to work the patented invention commercially or
industrially to the extent prescribed in the Patent Law or provided for by the license contract.
(3) A non-exclusive license granted under Article 107 may only be transferred together with the
underlying business..
(4) A non-exclusive license under Article 138 of the Patent Law, Article 53 of the Utility Model Law,
or Article 70 of the Design Law shall be transferred together with the patent right, utility model right,or design right concerned and shall be extinguished at the same time as the patent, utility model ordesign right concerned is extinguished.
(5) A non-exclusive license, other than those described in paragraphs (3) and (4), may not be
transferred without the consent of the patentee (or the patentee and the exclusive licensee in the caseof a non-exclusive license on an exclusive license), unless the transfer is made together with the
underlying business or through inheritance or other general succession.IP/N/1/KOR/P/3
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(6) A pledge may not be established on a non-exclusive license, other than those under paragraphs (3)
and (4), without the consent of the patentee (or the patentee and the exclusive licensee in case of anon-exclusive license on an exclusive license).
(7) The provisions of Article 99(2) and (3) shall apply mutatis mutandis to the non-exclusive license.
Article 103 Non-exclusive License by Prior Use
Where, at the time of filing of a patent application, a person who has made an invention without
having prior knowledge of the contents of an invention described in an existing patent application, orhas learned how to make the invention from such a person and has been working the inventioncommercially or industrially, in the Republic of Korea, in good faith, or has been making preparationstherefor, shall have a non-exclusive license on that patent right for the invention under the patentapplication.  Such license shall be limited to the invention which is being worked, or for whichpreparations for working have been made, and to the purpose of such working or preparations.
Article 104 Non-exclusive License Due to Working Prior to
Registration of Request for Invalidation Trial
(1) Where a person falling within any of the follow ing subparagraphs has been working an invention,
in the Republic of Korea, commercially or industrially, or has been making preparations therefor,
prior to the registration of a request for an invalidation trial of the patent or registered utility model
concerned, without knowing that his patented invention is subject to invalidation, or has been workinga device, in the Republic of Korea, commercially or industrially, or has been making preparationstherefor, on the basis of a maintenance decision as prescribed in Article 25(2) of the Utility ModelLaw or without knowing that his registered utility model is subject to invalidation notwithstandingany due care, such person shall have a non-exclusive license on that patent right or have an non-exclusive license on the exclusive license to a patent right existing at the time when the patent or theutility model registration was invalidated, but such non-exclusive license shall be limited to theinvention or device which is being worked or for which preparations for working are being made and
to the purpose of such working or the preparations therefor:
(i) the original patentee, where one of two or more patents granted for the same invention has
been invalidated;
(ii) the original owner of a utility model right, where a patented invention and a device registered
as a utility model are the same and the utility model registration has been invalidated;
(iii) the original patentee, where his patent has been invalidated and a patent for the same
invention has been granted to an entitled person;IP/N/1/KOR/P/3
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(iv) the original owner of a utility model right, where his utility model registration has been
invalidated and a patent for the same invention as the device has been granted to an entitled
person; or
(v) in the cases referred to in subparagraphs (i) to (iv), a person who, at the time of registration of
the request for an invalidation trial of the invalidated patent right or utility model right, hasbeen granted an exclusive license or a non-exclusive license, or non-exclusive license on theexclusive license and such license has been registered; however, a person falling under
Article 118(2) is not required to register the license.
(2) A person who has been granted a non-exclusive license in accordance with paragraph (1) shall pay
reasonable remuneration to the patentee or exclusive licensee.
Article 105 Non-exclusive License Aft er Expiration of a Design Right
(1) Where a design right under an application which resulted in the granting of a registration, filed
prior to or on the filing date of a patent application, conflicts with the patent right and the term of thedesign right has expired, the owner of such design right shall, to the extent of such design right, havea non-exclusive license on the patent right or the exclusive license existing at the time when thedesign right expired.
(2) Where a design right under an application which resulted in the grant of a registration, filed prior
to or on the filing date of a patent application, conflicts with the patent right and the term of the designright has expired, a person who at the time of expiration, has an exclusive license on the expired
design right or non-exclusive license under Article 118(1) of this Law, as applied under Article 61 of
the Design Law, to the design right or the exclusiv e license shall, to the extent of the expired right,
have a non-exclusive license on the patent right concerned or on the exclusive license existing at thetime when the design right expired.
(3) A person who has been granted a non-exclusive license under paragraph (2) shall pay reasonable
remuneration to the patentee or exclusive licensee.
Article 106 Expropriation of Patent Right
(1) If a patented invention is necessary for national defense in time of war, incident or other similar
emergency (hereinafter referred to as an "emergency"), the Government may expropriate the patentIP/N/1/KOR/P/3
Page 51
right, work the patented invention, or require a person other than the Government to work the
patented invention.
(2) If a patent right is expropriated, rights to the invention other than the patent right shall be
extinguished.
(3) If the Government expropriates the patent right, or the Government or a person concerned other
than the Government works the patented invention under paragraph (1), the Government or thatperson shall pay reasonable remuneration to the patentee, exclusive licensee or non-exclusivelicensee.
(4) Matters necessary for the expropriation, working of a patent right as well as payment in
compensation therefor shall be prescribed by Presidential Decree.
Article 107 Adjudication for Grant of Non-exclusive License
(1) Where a patented invention falls under any of the following subparagraphs, a person who intends
to work the patented invention may request the Commissioner of the Korean Intellectual PropertyOffice to adjudicate (hereinafter referred to as an "adjudication") for the authorization of a non-exclusive license thereon; however, a request for adjudication under the following subparagraphs (i)and (ii) may only be made if consultations with the patentee or exclusive licensee is not possible or no
agreement is reached at the consultation:
(i) where the patented invention has not been worked for more than three consecutive years in the
Republic of Korea, except in the case of natural disaster, unavoidable circumstances or otherjustifiable reasons prescribed by Presidential Decree;
(ii) where the patented invention has not continuously been worked commercially or industrially
in the Republic of Korea on a substantial scale during a period of three years or more withoutjustification, or where the domestic demand for the patented invention has not been satisfiedto an appropriate extent and under reasonable conditions;
(iii) where the working of the patented invention is necessary for public non-commercial use; or
(iv) where the working of a patented invention is necessary to remedy a practice determined to be
anti-competitive after the judicial or administrative process.
(2) The provisions of paragraph (1)(i) and (ii) shall not apply unless a period of four years has lapsed
from the filing date of the application for to the patented invention.IP/N/1/KOR/P/3
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(3) In adjudication for the authorization of a non-exclusive license, the Commissioner shall consider
the necessity of each and every claim.
(4) In adjudication for the authorization of a non-exclusive license, the Commissioner shall impose
such conditions that the use of patented inventions through the non-exclusive license shall be limitedpredominantly to the supply of the domestic marke t; however, this provision need not apply where the
authorization is ruled based on the request set forth in subparagraph (1)(iv).
(5) In adjudication for the authorization of a non-exclusive license set forth in subparagraph (1)(i), the
Commissioner may take into account the need to am end anti-competitive practices in determining the
amount of remuneration.
(6) With respect to semi-conductor technology, the request for adjudication can be made only in the
cases set forth in subparagraph (1)(iii) and (1)(iv).
Article 108 Submission of Response
Where a request for adjudication has been made the Commissioner of the Korean Intellectual Property
Office shall transmit a copy of the written request to the patentee or exclusive licensee mentioned inthe request and to any other persons having any registered right relating to the patent, and shall give
them an opportunity to submit a response within the time limit.
Article 109 Solicitation of Opinion from the Intellectual Property
Rights Dispute Committee
Before making an adjudication, the Commissioner of the Korean Intellectual Property Office shall
solicit an opinion from the Intellectual Property Rights Dispute Committee established under Article29 of the Invention Protection Law.
Article 110 Formality of Adjudication
(1) An adjudication shall be made in writing and shall state the reasons therefor.
(2) The following matters shall be specified in an adjudication under paragraph (1):
(i) the scope and duration of the non-exclusive license; and(ii) the remuneration for the license and the method and time of payment.IP/N/1/KOR/P/3
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Article 111 Transmittal of Certified Copies of Adjudication
(1) Where an adjudication is made, the Commissioner of the Korean Intellectual Property Office shall
transmit certified copies of the adjudication to the parties and any other persons having the registeredright relating to the patent.
(2) When a copy of an adjudication has been transmitted to the parties under paragraph (1), a
consultation to the terms as specified in the adjudication shall be deemed to have been held by theparties.
Article 112 Deposit of Remuneration
A party who is obligated to pay a remuneration under Article 110(2)(ii) shall make a deposit thereof
under the following circumstances:
(i) where the party entitled to receive the remuneration refuses or is unable to receive it;
(ii) where an action under Article 190(1) has been brought with respect to the remuneration; or
(iii) where the patent right or exclusive license is the subject of a pledge, except where the
pledgee has consented.
Article 113  Lapse of Adjudication
Where a person who was granted the adjudication on the authorization fails to pay or deposit the
remuneration (or the first installment thereof, if paymen t is to be made periodically or by installments)
under Article 110(2)(ii) by the time such payment is due, the adjudication shall lose its effect.
Article 114  Cancellation of Adjudication
(1) Where a person who was granted the adjudication on the authorization falls under any of the
following subparagraphs, the Commissioner of the Kore an Intellectual Property Office may cancel the
adjudication, ex officio or upon the request by any interested party. However, in case of subparagraph(ii), such action shall protect the non-exclusive license's lawful interests:
(i) where the working of the patented invention is not within the purpose of the adjudication; and(ii) where the grounds for the adjudication on the authorization of non-exclusive license
disappears and it is deemed that such grounds will not reoccur.
(2) The provisions of Articles 108, 109, 110(1) and 111(1) shall apply mutatis mutandis paragraph (1)
of the Article.IP/N/1/KOR/P/3
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(3) The non-exclusive license shall be extinguished upon cancellation of the ruling under paragraph
(1) of this Article.
Article 115  Restriction on Reason for Objections to Adjudication
Where a request for an administrative trial has been filed under Article 3(1) of the Administrative
Trial Law or a revocation action has been brought under the Administration Litigation Law as to theadjudication, the remuneration determined in the adjudication shall not be a basis for objection.
Article 116  Cancellation of Patent Right
(1) Where a patented invention has not been continuously worked in the Republic of Korea for a
period of two years or more from the date of an adjudication under Article 107(1), the Commissionerof the Korean Intellectual Property Office may cancel the patent right, ex officio, or upon the requestof any interested party.
(2) The provisions of Articles 108, 109, 110(1) and 111(1) shall apply mutatis mutandis to paragraph
(1) of this Article.
(3) The patent right shall be extinguished upon cancellation of a patent right under paragraph (1) of
this Article.
Article 117  Deleted
Article 118 Effects of Registration of Non-exclusive License
(1) When a non-exclusive license has been registered, it shall also be effective against any person who
subsequently acquires the patent right or an exclusive license.
(2) A non-exclusive license granted under Articles 39(1), 81bis(4), 103 to 105, 122, 182 or 183 shall
have the same effect as prescribed under paragraph (1) of this Article even if it has not beenregistered.
(3) The transfer, modification, extinguishment or restriction on disposal of a non-exclusive license or
the establishment, transfer, modification, extinguishme nt or restriction on disposal of a pledge relating
to a non-exclusive license shall not be effective against a third party unless it is registered.IP/N/1/KOR/P/3
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Article 119 Restriction on Abandonment of Patent Right, etc.
(1) A patentee shall not abandon his patent righ t without the consent of the exclusive licensee,
pledgee, or non-exclusive licensee under Article 39(1), 100(4) or 102(1).
(2) An exclusive licensee shall not abandon his exclusive license without the consent of the pledgee or
non-exclusive licensee under Article 100(4).
(3) A non-exclusive licensee shall not abandon his non-exclusive license without the consent of the
pledgee.
Article 120 Effects of Abandonment
The patent right, or license thereon, shall be extinguished as of the time of abandonment of a patent
right or of an exclusive or non-exclusive license.
Article 121 Pledge
Where a patent right or an exclusive or non-exclusive license is the subject of a pledge, the pledgee
may not work the patented invention except as otherwise provided by contract.
Article 122 Non-exclusive License Incidental to Transfer of
Patent Right by Exercise of a Pledge Right
If a patentee works a patented invention prior to the establishment of a pledge on the patent right, the
patentee shall have a non-exclusive license on the patented invention even if the patent right istransferred by an auction; however, in such case, the patentee shall pay reasonable remuneration to the
person to whom the patent right is transferred by an auction, etc.
Article 123 Subrogation of Pledge Right
A pledge may be exercised against the remuneration provided for under the Patent Law or against
remuneration or goods to be received for the working of the patented invention; however, an
attachment order shall be obtained prior to the payment or delivery of the remuneration or goods.
Article 124 Extinguishment of Patent Right in Absence of Successor
A patent right shall be extinguished when no successor exists at the time of succession.IP/N/1/KOR/P/3
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Article 125 Report on Working of Patent
The Commissioner of the Korean Intellectual Property Office may require a patentee, exclusive
licensee or non-exclusive licensee to report as to whether the patented invention has been worked ornot, the extent of such working, etc.
Article 125bis The title of execution on amount of compensation and remuneration
A final and conclusive ruling by the commissioner of the Korean Intellectual Property Office on the
amount of the compensation or remuneration to be paid under the Patent Law shall have the sameeffect as an enforceable title of execution; the legal writ, which has the force of execution, shall be
given by an official of the Korean Intellectual Property Office.
Article 126 Injunction, etc., Against Infringement
(1) A patentee or exclusive licensee may demand a person who is infringing or is likely to infringe on
his patent right to discontinue or refrain from such infringement.
(2) A patentee or an exclusive licensee acting under paragraph (1) may demand the destruction of the
articles by which the act of infringement was committed (including the products obtained by the act ofinfringement in cases of a process invention for manufacturing the products), the removal of the
facilities used for the act of infringement, or other measures necessary to prevent the infringement.
Article 127 Acts Deemed to be Infringement
The following acts shall be deemed to be infringements on a patent right or an exclusive license:
() in the case of an invention of a product, acts of making, assigning, leasing, importing, or
offering for assignment or lease articles used exclusively for producing such products; and
() in the case of an invention of process, acts of making, assigning, leasing, importing or
offering for assignment or lease articles used exclusively for working such a process.
Article 128 Presumption, etc., of Amount of Damage
(1) Where a patentee or exclusive licensee claims compensation from a person who has intentionally
or negligently infringed a patent right or exclusive license for damages caused by the infringer'stransfer of infringing articles, the amount of damages may be may be calculated as the number oftransferred articles multiplied by the profit per unit of the articles that the patentee or exclusive
licensee might have sold in the absence of said in fringement.  Provided that, said compensation mayIP/N/1/KOR/P/3
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not exceed an amount calculated as follows: the estimated profit per unit multiplied by the number of
products that the patentee or exclusive licensee could have produced subtracted by the number ofarticles actually sold.  However, where the patentee or exclusive licensee was unable to sell his or herproduct for reasons other than infringement, a sum calculated according to the number of articlessubject to said circumstances shall be deducted.
(2) Where a patentee or exclusive licensee claims compensation for damages from a person who has
intentionally or negligently infringed a patent right or exclusive license, the profits gained by the
infringer as a result of the infringement shall be presumed to be the amount of damage suffered by the
patentee or exclusive licensee.(3) Where a patentee or exclusive licensee claims compensation for damages from a person who hasintentionally or negligently infringed a patent right or exclusive license, the pecuniary amount whichhe would normally be entitled to receive for the wo rking of the patented invention may be claimed as
the amount of damage suffered by the patentee.
(4) Notwithstanding paragraph (3), where the amount of actual damages exceeds the amount referred
to in paragraph (3), the amount in excess may also be claimed as compensation for damage.  In such acase, the court may take into consideration the fact  that there has been neither willfulness nor gross
negligence on the part of the person who has infringed the patent right or the exclusive license whenawarding damages.
(5) In litigation relating to a patent right or exclusive license, where the court recognizes that the
nature of the facts of the case make it difficult to provide evidence proving the amount of damage thathas occurred, notwithstanding paragraphs (1) to (4), the court may determine a reasonable amount onthe basis of an examination of the evidence and on a review of all the arguments.
Article 129 Presumption of the Patented Process to Manufacture
Where one product is identical to another product manufactured by a patented process, the former
shall be presumed to have been manufactured by the patented process of the latter except where anyone of the following subparagraphs applies:
(i) inventions publicly known or worked in the Re public of Korea prior to the filing of the patent
application; or
(ii) inventions described in a publication distributed in the Republic of Korea or in a foreign
country or inventions made available to the public through electronic telecommunication linesprescribed by Presidential Decree prior to the filing of the patent application.IP/N/1/KOR/P/3
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Article 130 Presumption of Negligence
A person who has infringed a patent right or exclusive license of another person shall be presumed to
have been negligent regarding such act of infringement.
Article 131 Recovery of Reputation of Patentee, etc.
Upon the request of a patentee or exclusive licensee,  the court may, in lieu of damages or in addition
thereto, order the person who has injured the business reputation of the patentee or exclusive licensee
by intentionally or negligently infringing the pa tent right or exclusive license to take necessary
measures to restore the business reputation of the said patentee or exclusive licensee.
Article 132 Submission of Documents
In litigation relating to the infringement of a patent right or exclusive license, the court may, upon the
request of a party, order the other party to submit documents necessary for the assessment of damagescaused by the infringement. However, this provision shall not apply when the person possessing thedocuments has justifiable reason for refusing to submit them.
CHAPTER
TRIAL
Article 132bis Intellectual Property Tribunal
(1) The Intellectual Property Tribunal shall be established under the jurisdiction of the Commissioner
of the Korean Intellectual Property Office to be responsible for trials and retrials regarding patents,utility models, designs and trademarks and investigation and research thereof.
(2) The Intellectual Property Tribunal shall be composed of the President and trial examiners.(3) Matters necessary for the organization, personnel and operation of the Intellectual Property
Tribunal shall be determined by Presidential Decree.
Article 132ter Trial Against a Decision of Refusal or Revocation of a Patent, etc.
Where a person has received a decision of refusal of a patent, revocation of a patent, or a decision of
refusal of an application for extension of the term of a patent right under Article 91, such person mayrequest a trial within thirty days from the date of receipt of the certified copy of the decision.IP/N/1/KOR/P/3
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Article 132 quater Deleted
Article 133 Invalidation Trial of Patent
(1) In the following cases, an interested party or an examiner may request a trial to invalidate a patent
and for patent containing two or more claims, a request for an invalidation trial may be made for eachclaim:
(i) where a patent has been granted contrary to Articles 25, 29, 31, 32, 36(1) to (3), 42(3), (4), or
44;
(ii) where a patent has been granted to a person who is not entitled to obtain the patent under
Article 33(1);
(iii) where a patent has been granted in violation of a treaty;
(iv) where, after the grant of a patent, the patentee is no longer capable of enjoying the patent
right under Article 25, or the patent no longer complies with a treaty; or
(iv)bis where an application has been amended in violation of Article 47(2)
(v) where a patent violates the provisions of the proviso of Article 87(2).
(b) (2) A trial under paragraph (1) of this Article may be requested even after the
extinguishment of a patent right.
(3) Where a trial decision invalidating a patent has become final and conclusive, the patent right shall
be deemed never to have existed; however, where a patent falls under paragraph (1)(iv) of this Articleand a trial decision invalidating the patent has become final and conclusive, the patent right shall bedeemed not to have existed at the time when the patent first became subject to the said paragraph.
(4) Where a trial under paragraph (1) of this Article has been requested, the presiding trial examiner
shall notify the contents of the request to the exclusive licensee of the patent right and any otherpersons having registered rights relating to such patent.
Article 133bis Correction of Patent During Invalidation Trial of Patent
(1) Under Article 133(1), a defendant may request corrections to the specification or drawing(s) of a
patented invention during the course of an invalidation trial for reasons provided under Article 47(3)within the term designated under Article 147(1) or 159(1).
(2) When the corrections have been requested under Paragraph(1), the presiding trial examiner shall
transmit a copy of the written request to the defendant.IP/N/1/KOR/P/3
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(3) The provisions of Article 136(2) to (5), (7) to (11), 139(3) and 140(1), (2), (5) shall apply mutatis
mutandis  to a request for correction.  In their application, the provision "before issuance of a
notification of closure of the trial examination und er Article 162(3) (where the trial examination is
reopened under Article 162(4), before a subsequent notification of the closure of the trial examinationis issued under Article 162(3)" in Article 136(9) shall read "within the designated term where it wouldbe noticed under Article 136(5)"
Article 134 Invalidation Trial of Registration  for Extension of Term of Patent Right
(1) In the following cases, any interested party or  examiner may request a trial to invalidate the
registration of an extension of the term of a patent right:
(i) where an extension had been registered with respect to the application which did not require
any authorization, etc., under the provisions of Article 89 for the purpose of working thepatented invention;
(ii) where the authorization under the provisions of Article 89 was not obtained by the patentee or
an exclusive licensee thereof or a registered non-exclusive licensee;
(iii) where the term extended by the registration of an extension exceeds the period of time during
which the patented invention could not be worked;
(iv) where the registration of an extension has been effected on an application made by a person
other than the patentee;
(v) where the registration of an extension has been effected on an application made in violation of
Article 90(3); or
(vi) deleted.
(c) (2) The provisions of Article 133(2) and (4) shall apply mutatis mutandis to a request
for a trial under paragraph (1) of this Article.
(3) Where a trial decision that the registration of ex tension is to be invalidated has become final and
conclusive, the registration of extension of the term shall be deemed to have never existed.  However,where the registration of extension falls under Article subparagraph (1)(iii), an extension of the termexceeding the period during which the patented invention could not be worked shall be deemed to benot effective.
Article 135 Trial to Confirm the Scope of a Patent Right
(1) A patentee or an interested person may request a trial to confirm the scope of a patent right.IP/N/1/KOR/P/3
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(2) Where a trial is requested to confirm the scope of a patent right under paragraph(1), the
confirmation shall apply to each claim if the patent contains two or more claims.
Article 136 Trial for Correction
(1) A patentee may request a trial to correct the specification or a drawing(s) for reasons provided
under Article 47(3).  However, this provision shall not apply where an opposition to the patent or aninvalidation trial against the patent is pending before the Korean Intellectual Property Office or theIntellectual Property Tribunal.
(2) A correction to the specification or a drawing(s)  under Paragraph (1) shall be limited in scope to
the subject matter disclosed in the specification or drawing(s) of the patented invention.  However,
where a clerical error is corrected under Article 47(3)(ii), it shall be limited to the scope of the subjectmatter of the specification or drawing(s) originally attached to the application.
(3) Where paragraph (1) applies, the claim shall neither be substantially extended nor modified.(4) Where Article 47(3)(i) and (ii) apply under paragraph (1), the matters which are described in the
claim after correction shall be regarded as having been patentable at the time of the filing of the patentapplication.
(5) Where a request for a trial for correction under paragraph (1) does not comply with any of the
subparagraphs of Article 47(3), extends beyond the scope of paragraph (2), or is in violation ofparagraph (3) or (4), the trial examiner shall notify  the petitioner and provide reasons for the refusal of
the request and give the petitioner an opportunity to submit a response within a designated time limit.
(6) A trial for correction under paragraph (1) may be requested even after the patent right has been
extinguished, except in cases where the patent has been revoked or invalidated by trial decision.
(7) A patentee shall not request a trial for correction under paragraph (1) without the consent of an
exclusive licensee, a pledgee or a nonexclusive licensee under Articles 39(1), 100(4) or 102(1).(8) Where a trial decision allowing the specification or drawing(s) of a patented invention to becorrected becomes final and conclusive, the patent application, the laying-open of the decision, andthe registration of the patent right shall be deemed to have been made on the basis of such correctedspecification or drawing(s).IP/N/1/KOR/P/3
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(9) A petitioner may amend the corrected specification or drawing attached to the written request
prescribed in Article 140(5) only before issuance of a notification of closure of the trial examinationunder Article 162(3) (where the trial examination is reopened under Article 162(4)  before asubsequent notification of the closure of the trial examination is issued under Article 162(3).
(10) Where a decision has been rendered to allow correction of the specification or drawing(s) of the
patented invention, the President of Korean Intellectual Property Tribunal shall notify theCommissioner of Korean Intellectual Property Office of the corrected subject matter.
(11) In cases where a notification is issued under paragraph (10), the Commissioner of Korean
Intellectual Property Office shall publish it in Patent Gazette.
Article 137 Trial for Invalidation of Correction
(1) An interested party or an examiner may request a trial for an invalidation of a correction, where
the correction of the specification or drawing of a patented invention under Article 77(1), 133bis(1) or
136(1) has been made in violation of any of the following:
( i ) any subparagraph of Article 47(3); or(ii) Article 136(2) to (4) (including the case of application in Article 77(3) or 133bis (3)).
(2) The provisions of Article 133(2) and (4) shall apply mutatis mutandis  to a request for a trial under
paragraph (1).
(3) A defendant in an invalidation trial under paragraph (1) may request corrections to the
specification or drawing(s) of a patented invention for reasons provided under any subparagraph ofArticle 47(3) within the term designated under Article 159(1).
(4) The provisions of Article 133bis (2) and (3) shall apply mutatis mutandis  to a request for
correction under paragraph (3).  In such cases, "Article 133(1)" in Article 133bis (2) shall read"Article 137 (1)."
(5) Where a trial decision to correct the specification or a drawing(s) is to be invalidated under
paragraph (1) has become final and conclusive, the correction shall be deemed never to have beenmade.
Article 138 Trial for Granting Non-exclusive License
(1) If a patentee, or exclusive or non-exclusive licensee, desires to obtain permission to exercise the
right provided for under Article 98, and if the other party concerned refuses to grant the permissionIP/N/1/KOR/P/3
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without justifiable reasons or it is not possible to obtain such permission, the said patentee or
exclusive or non-exclusive licensee may request a trial for the grant of a non-exclusive license havingthe scope necessary to work the patented invention.
(2) Where the request under paragraph (1) has been made, a non-exclusive license shall be granted
only where the patented invention of the later application constitutes a important technical advancehaving substantial economical value in comparison with the other party's patented invention or
registered utility model for which an application was filed prior to the filing date of the later
application.
(3) If a person who has granted a non-exclusive license under paragraph (1) needs to work the
patented invention of the person who has been granted such non-exclusive license, and if the latterrefuses to give permission or if it is impossible to obtain such permission, the former may request atrial for the grant of a non-exclusive license having the scope that necessary to work his patentedinvention.
(4) A non-exclusive licensee, who was granted a non-exclusive license under paragraph (1) or (3) of
this Article, shall pay remuneration to the patentee , owner of the utility model right, owner of the
design right or exclusive licensee thereof, provided that if payment is not possible for reasons beyondthe control of the said non-exclusive licensee, the remuneration shall be deposited.
(5) A non-exclusive licensee under paragraph (4) shall not work the patented invention, registered
utility model or registered design, or similar design with out payment of remuneration or depositthereof.
Article 139 Request for Joint Trial, etc.
(1) Where two or more persons request an invalidation trial under Article 133(1), 134(1) or 137(1) or
a trial to confirm the scope of a patent right under Article 135(1), the request may be made jointly.
(2) Where a trial is requested against any of the joint owners of a patent right, all the joint owners
shall be made defendants.
(3) Where joint owners of a patent right or of a right to obtain a patent request a trial concerning the
right under joint ownership, the request shall be made jointly by all the joint owners.IP/N/1/KOR/P/3
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(4) Where there are ground for the suspension of trial proceedings which apply to one of the
requesters under paragraph (1) or (3) or one of the defendants under paragraph (2), the suspensionshall be effective against all of them.
Article 140 Formal Requirements of Request for Trial
(1) A person who desires to request a trial shall submit a written request to the President of the
Intellectual Property Tribunal, stating the following:
(i) names and domiciles of the parties (if a legal entity, the title and location of place of business);(ii) bis the name and domicile, or location of place of business, of the agent, if designated (the
name, location of office and designated attorney’s name, if the agent is a patent corporation);
(iii) identification of the trial case; and(iv) purpose of the request and the grounds therefor.
(2) No amendment of a request for trial submitted under paragraph (1) may change the intent or
purpose thereof; however, this provision shall not ap ply with respect to the basis for the request under
paragraph (1)(iii).
(3) When a trial is requested to confirm the scope of a patent right under Article 135(1), the
explanation and the necessary drawings which can be compared with the patented invention  shall be
attached to the written request.
(d) (4) A written request for a trial under Article 138(1) shall, in addition to the
particulars referred to in paragraph (1), state:
(i) the number and title of his patent which is required to be worked;
(ii) the number, title and date of the other party's patent, registered utility model or registered
design to be worked; and
(iii) the scope, duration and remuneration for the non-exclusive license for a patented invention, a
registered utility model or a design.
(5) When a trial for amendment under Article 136(1) is requested, the amended specification or
drawings shall be attached to the written request for trial.IP/N/1/KOR/P/3
Page 65
Article 140 bis Formal Requirements of Request for Trial on Decision of Refusal of Patent or
Revocation of Patent, etc.
(1) A person who desires to request a trial against a decision of refusal or revocation of a patent under
Article 132 ter shall, notwithstanding the provision of Article 140 (1), submit a written request to the
President of the Intellectual Property Tribunal and specify:
(i) name and domicile of the petitioner (if the petitioner is a legal entity, the title and location of
the place of business);
(ii)bis the name and domicile, or location of place of business, of the agent, if designated (the
name, location of office and designated attorney’s name, if the agent is a patent corporation);
(iii) filing date and file number of the application (in the case of dissatisfaction with a decision of
revocation of patent, the registration date and number of the patent);
(iv) title of the invention;(v) date of the decision;
(vi) identification of the trial case; and
(vii) purpose of the request and the grounds therefor.However, in the case of Article 173, the grounds of the request among subparagraph (vi)may not be specified
(2) Where a request for a trial is made against a decision of revocation of patent under Article 132ter,
the President of the Intellectual Property Tribunal  shall notify the opponent regarding the purpose of
the request.
(3) If it has been notified under Article 175(2) that the request not specified subparagraph (vi)
according to the proviso of paragraph (1), the President of Korean intellectual Property Tribunal shalldesignate a period within which he shall amend the grounds of the request.
Article 141 Rejection of Request for Trial 
(1) The presiding trial examiner shall order an amended submission within a specified time limit
where any of the following subparagraphs apply.
(i) where a request for a trial does not comply with Articles 140(1) and (3) to (5) or 140bis(1);
(ii) where a procedure relating to a trial falls under any of the following cases:
(a) where the procedure is not in compliance with the provisions of Article 3(1) or 6;(b) where fees required in accordance with Article 82 have not been paid; orIP/N/1/KOR/P/3
Page 66
(c) where the procedure is not in compliance with  the formalities specified in the Patent Law
or Presidential Decree thereof.
(2) Where a person who has been ordered to make an amended submission under paragraph (1) fails
to do so within the specified time limit, the presidin g trial examiner shall reject the request for trial by
decision.
(3) A decision to reject a request for a trial under paragraph (2) shall be in writing and shall state the
reasons therefor.
Article 142 Rejection of Request for Trial Containing Incurable Defects  
 
If a request for a trial contains unlawful defects which cannot be corrected by amendment, such
request may be rejected by a ruling without giving the defendant an opportunity to submit a writtenreply.    
Article 143 Trial Examiners  
 
(1) When a trial is requested, the President of the Intellectual Property Tribunal shall direct the trial
examiners to hear the case. 
 (2) The qualifications of the trial examiners shall be prescribed by Presidential Decree.  (3) Trial examiners shall conduct their official tria l duties for the trial in an independent manner. 
Article 144 Designation of Trial Examiners
 
(1) For each trial, the President of the Intellectual Property Tribunal shall designate trial examiners
constituting a collegial body under Article 146.  (2) When any trial examiner designated in accordan ce with paragraph (1) is unable to participate in
the trial, the President of the Intellectual Property Tribunal shall appoint another trial examiner to takehis place.  
Article 145 Presiding Trial Examiner  
 
(1) The President of the Intellectual Property Tribunal shall select one of the trial examiners
designated under Article 144 (1) as the presiding trial examiner. IP/N/1/KOR/P/3
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  (2) The presiding trial examiner shall pres ide over all matters relating to the trial. 
 
Article 146 Collegial Body for Trial  
 
(1) A trial shall be conducted by a collegial body of three or five trial examiners. 
 (2) The collegial body referred to in paragraph (1) shall make its decisions by a majority vote.  (3) The consultations of the trial examiners shall not be open to the public. 
 
Article 147 Submission of Response, etc.  
 
(1) When a trial has been requested, the presiding tr ial examiner shall transmit a copy of the written
request to the defendant and shall give him an opportunity to submit a response within a designatedtime limit. 
 
(2) Upon receipt of the response under paragraph (1 ), the presiding trial examiner shall transmit a
copy of the response to the petitioner.  (3) The presiding trial examiner may directly examine the parties in relation to the trial. 
Article 148 Exclusion of Trial Examiner
A trial examiner shall be precluded from exercising his functions in a trial where:
(i) the trial examiner or his present or former spouse is a party, intervenor, or opponent;(ii) the trial examiner is or was a blood relative or a member of the household, of a party,
intervenor, or opponent;
(iii) the trial examiner is or was a legal representative of a party, intervenor, or opponent;
(iv) the trial examiner has become a witness or expert witness or was an expert witness;(v) the trial examiner is or was an agent of a party, intervenor, or opponent;(vi) the trial examiner participated as an examiner  or trial examiner in a decision to grant a patent,
a decision on an opposition or a trial decision relating to the case; or
(vii) the trial examiner has a direct interest.
Article 149 Request for Exclusion  
 
Where there are grounds for preclusion under Article 148, a party or intervenor may request for the
exclusion of a trial examiner. IP/N/1/KOR/P/3
Page 68
Article 150 Challenge of Trial Examiner
 
(1) Where there are circumstances wherein the participation of a trial examiner would prejudice the
fairness of the proceedings in a trial, such trial examiner may be challenged by a party or intervenor.  
(2) After a party or intervenor has made a written or  oral statement with regard to the case before a
trial examiner, he may not challenge the trial examiner, except where the party or intervenor did notknow that there was a ground for challenge or where a ground for challenge arose subsequently.  
Article 151 Indication of Grounds for Exclusion or Challenge
(1) A person who presents a motion for exclusion or challenge under Articles 149 or 150 shall submit
a document to the President of the Intellectual Property Tribunal stating the grounds therefor.However, in an oral trial examination, an oral challenge may be made.
(2) The underlying causes for exclusion or challenge shall be substantiated within three days from the
date the motion was presented.
Article 152 Decision on Reques t for Exclusion or Challenge  
 
(1) A decision on a request for exclusion or challenge shall be made by a trial. 
 
(2) The trial examiner subject to the exclusion or challenge motion shall not participate in the trial of
the request but may, however, state his opinion.  (3) A decision made under paragraph (1) shall be in writing and shall state the reasons therefor.   (4) No appeal shall be made against a decision made under paragraph (1) of this Article. 
 
Article 153 Suspension of Proceedings  
 
When a motion for exclusion or challenge has been presented, the trial proceedings shall be
suspended until a decision thereon has been made; however, this provision shall not apply to mattersrequiring urgent attention.   
 
Article 153 bis  Refrainment of Trial Examiner
Where the provisions of Article 148 or 150 apply to a trial examiner, he may refrain from trial
proceedings relating to the case with consent from the President of the Intellectual Property Tribunal.IP/N/1/KOR/P/3
Page 69
Article 154 Trial Proceedings, etc.
(1) Trial proceedings shall be conducted by oral hearing or documentary examination; however,
where requested by the concerned party, trial proceedings shall be conducted by oral hearing except
where it is recognized that a decision can be made on the basis of a documentary examination alone.
(2) Deleted
(3) Oral hearings shall be conducted in public; however, this provision shall not apply where public
order or morality is liable to be injured thereby.
(4) Where the trial proceedings are conducted by oral hearings in accordance with the provisions of
paragraph (1), the presiding trial examiner shall designate the date and place thereof and transmit a
document containing such information to the partie s and intervenors; however, this provision shall not
apply where the parties or intervenors to case have already been notified.
(5) With respect to trial proceedings by oral hearings under the provisions of paragraphs (1), an
official, designated by the President of the Intellectual Property Tribunal shall, under the direction ofthe presiding trial examiner, prepare a protocol setting forth the essence of the proceedings and othernecessary matters in time for the date of each trial proceeding.
(6) The presiding trial examiner and the official who has prepared the protocol under paragraph (5)
shall sign the protocol and affix their seals thereto.
(7) The provisions of Articles 142, 143 and 145 to 149 of the Code of Civil Procedure shall apply
mutatis mutandis to the protocol under paragraph (5).
(8) The provisions of Articles 133, 271 and 339 of the Code of Civil Procedure shall apply mutatis
mutandis to a trial.
Article 155 Intervention  
 
(1) Any person having the right to request a trial under Article 139(1) may intervene in the trial before
the conclusion of the trial examination.  IP/N/1/KOR/P/3
Page 70
(2) An intervenor under paragraph (1) may continue a trial even after the request for the trial has been
withdrawn by the original party.  (3) Any person having an interest in the result of  a trial may intervene in the trial, before the
conclusion of the trial examination in order to assist one of the parties.  (4) An intervenor under paragraph (3) may initiate and ta ke part in any procedure relating to the trial. 
 
(5) Where there are grounds for suspension of a trial proceeding applicable to the intervenor underparagraphs (1) or (3), the suspension shall also be effective against the original party.    
Article 156 Request for Intervention and Decision  
 
(1) A person desiring to intervene in a trial shall submit, in writing, a request for intervention to the
presiding trial examiner.  (2) The presiding trial examiner shall transmit copies  of the request for intervention to the parties and
other intervenors and give them an opportunity to submit written opinions within a designated timelimit.  
(3) Where a request for intervention is made, the decision thereon shall be made by a trial. 
(4) The decision under paragraph (3) shall be in writing and shall state the reasons therefor.  (5) No appeal shall be made against the decision under paragraph (3).    
Article 157 Taking of Evidence and Preservation Thereof  
 
(1) With respect to a trial, evidence may be taken or preserved upon request of a party, intervenor,
interested person or ex officio . 
 (2) The provisions of the Code of Civil Procedure relating to the taking and preservation of evidenceshall apply mutatis mutandis  to any taking and preservation thereof under paragraph (1). However, the
trial examiner may not impose a fine for negligence, order compulsory appearance, or require the
deposit of money as security. 
 (3) A request to preserve evidence shall be made to the President of the Intellectual Property Tribunalprior to a request for trial and to the presiding trial examiner of the case while the trial is pending.  IP/N/1/KOR/P/3
Page 71
 
(4) Where a motion for preservation of evidence has been made under paragraph (1) prior to a requestfor trial, the President of the Intellectual Property Tribunal shall designate a trial examiner to beresponsible for the preservation of evidence. (5) Where evidence has been taken or preserved ex officio  under paragraph (1), the presiding trial
examiner shall notify the parties, intervenors, a nd interested persons thereof and shall give them an
opportunity to submit written opinions within a designated time limit. 
 
Article 158 Continuation of Trial Proceedings  
 
Notwithstanding the failure of a party or intervenor to take any proceedings within the time limit
prescribed by law, or designated in accordance with the Patent Law, or failure to appear on the
designated date in accordance with Article 154(4), the presiding trial examiner may proceed with the
trial proceedings.  
Article 159 Ex Officio Trial Examination
(1) Grounds which have not been pleaded by a party or intervenor in a trial may be examined;
however, in such cases, the parties and intervenors shall be given an opportunity to state theiropinions regarding such grounds, within a designated time limit.
(2) In a trial, no examination may be made on the purpose of a claim not requested by the petitioner.
Article 160 Combination or Separation of Trial or Ruling  
 
The trial examiner may combine the examination of two or more trial proceedings where one or both
of the parties thereto are the same, or, may examine them separately. 
 
Article 161 Withdrawal of Request for Trial
(1) A request for trial may be withdrawn by the pe titioner before the trial decision has become final
and conclusive; however, the consent of the defendant for the withdrawal shall be obtained where a
response has already been submitted.
(2) When a request for a trial for invalidating a pa tent under Article 133(1) or for confirming the
scope of a patent right under Article 135 has been made with regard to two or more claims, therequest may be withdrawn for each of the claims.IP/N/1/KOR/P/3
Page 72
(3) Where a request for a trial or a request for each of  the claims is withdrawn in accordance with the
provision of paragraph (1) or (2), said request shall be deemed never to have been made.
Article 162 Ruling on Trial
(1) Except as otherwise provided for, when a trial ruling has been rendered, the trial shall be closed.
(2) The trial ruling under paragraph (1) shall be in writing, signed and sealed by the trial examiners
who have rendered it, and shall state the following:
(i) the number of the trial;(ii) the name and domicile of the parties and intervenors (if a legal entity, the title and the place of
business);
(iii)bis the name and domicile or place of business of the agent, if any (the title, place of office
and name of designated patent attorney if the agent is a patent corporation);
(iv) the identification of the trial case;(v) the text of the ruling (including the scope, duration and remuneration in trial cases under
Article 138);
(vi) the reasons for the decision (including the purpose and a summary of the reason for the
request); and
(vii) the date of the ruling.
(3) When a case has been thoroughly examined and is ready to be ruled, the presiding trial examiner
shall notify the closure of the trial examination to the parties and intervenors.
(4) Even after notification of the closure of the tr ial examination under paragraph (3), the presiding
trial examiner may, if necessary, reopen the examination upon the motion of a party or an intervenoror ex officio.
(5) The decision shall be rendered within twenty da ys following the date on which notification of the
closure of the trial examination is served under paragraph (3).
(6) When a trial decision or a ruling has been rendered, the presiding trial examiner shall transmit a
certified copy of the trial decision or the ruling to the parties, intervenors, and persons who haverequested intervention to the trial, but have been rejected.IP/N/1/KOR/P/3
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Article 163 Res Judicata
When a trial decision has become final and conclusive pursuant to the Patent Law, with regard to the
case, no person may demand the trial again on the basis of the same facts and evidence; however, thisprovision shall not apply where the final and conclusive trial decision is a decision of rejection.
Article 164 Trials and Litigation
(1) Proceedings of a trial may, if necessary, be suspended until the decision on a patent opposition
relevant to the trial or the trial decision of another trial becomes final and conclusive or litigationproceedings thereon are concluded.
(2) The court may, if considered necessary in the litigation proceedings, suspend the litigation
proceedings until a trial decision on the patent becomes final and conclusive.
(3) Where an action relating to the infringement of a patent right or exclusive license is instituted, the
relevant Court shall notify the President of the Intellectual Property Tribunal accordingly. This
provision shall also apply where the litigation proceedings have been terminated.
(4) Where a trial for invalidating a patent, etc. is requested in response to a legal action against an
infringement of a patent right or exclusive license under paragraph (3), the President of theIntellectual Property Tribunal shall notify the relevant Court under paragraph (3) accordingly.  Thisprovision shall also apply where a decision of rejection, a request for trial, or a withdrawal of arequest has occurred.
Article 165 Costs of Trial
(1) The imposition of costs in connection with a trial under Articles 133(1), 134(1), 135 and 137(1)
shall be decided by a trial decision in the event the trial is terminated by a trial decision, or by adecision in the trial where the trial is terminated in a manner other than by a trial decision.
(2) The provisions of Articles 89 to 94, 98(1) and (2), 99, 101, 102 and 106 of the Code of Civil
Procedure shall apply mutatis mutandis to the costs in connection with the trial under paragraph (1).
(3) The costs in connection with the trial under Article 132 ter and 136 or 138 shall be borne by the
petitioner or the opponent.IP/N/1/KOR/P/3
Page 74
(4) The provisions of Article 93 of the Code of Civil Procedure shall apply mutatis mutandis to the
costs borne by the requester or the opponent under paragraph (3).
(5) The President of the Intellectual Property Tribunal shall decide upon the total costs of a trial upon
request by an interested party and after the trial decision or the ruling has become final andconclusive.
(6) The extent, amount, and payment of the costs of a trial, as well as the payment of the costs for
performing any procedural acts in the trial, shall be governed by the relevant provisions of the Law ofCivil Procedure Costs unless they are incompatible.
(7) The payment which a party has paid or will pay to a patent attorney who representing the party in
the trial shall be deemed an element of the costs in  connection with a trial to determine the extent of
the costs by the Commissioner of the Korean Intellectual Property Office. In this regard, even if twoor more patent attorneys have represented a person for the trial, it shall be deemed to have beenrepresented by one patent attorney.
Article 166 Title of Enforcement of Costs or Remuneration
A final and conclusive ruling on the costs of a trial decided by the President of the Intellectual
Property Tribunal or on the compensation to be paid under the Patent Law, as decided by the trial
examiner, shall have the same effect as an enforceable title of liability; the legal writ, which has theforce of execution, shall be given by an official of the Intellectual Property Tribunal.
Article 167 Deleted.  
Article 168 Deleted.  
Article 169 Deleted.  
  
Article 170  Mutatis Mutandis  Application of Provisions on
Examination to Trial against Ruling of Refusal to Grant of Patent
(1) The provisions of Articles 47(1)(i),(ii), 51, 63 and 66 shall apply mutatis mutandis to a trial
against a ruling of refusal to grant a patent by an  examiner.  In such cases, in Article 51(1) the
expressions "Article 47(1)(ii)" shall read "Article 47(1)(ii) or (iii)", and "an amendment" shall read"an amendment (under Article 47(2), excluding an amendment that was filed before a request for aIP/N/1/KOR/P/3
Page 75
trial against a ruling of refusal to grant a patent under Article 132 ter)"; and "under 47(1)(ii)" in Article
63 shall read "under 47(1)(ii) or (iii) (under 47(2), excluding that which was submitted before arequest for trial against a ruling of refusal to grant a patent under Article 132 ter)".
(2) Article 63, which applies mutatis mutandis  under paragraph (1), shall apply in cases where
grounds for rejection have been found that are different from those in the examiner's original ruling of
refusal to grant a patent.
Article 171 Special Provisions for a Trial against a Ruling of Refusal to Grant of Patent
(1) The selection of the trial examiners for a trial against a ruling of refusal to grant a patent under
Article 173 shall be made only when notification has been given under Article 175(2).
(2) Articles 147(1) and (2), 155 and 156 shall not apply to a trial against a ruling of refusal to grant a
patent, a ruling of refusal against registration of an extension of the term of a patent right, or
revocation by an examiner.
Article 172 Effect of Examination or Opposition Proceedings
Proceedings previously taken during the course of an examination or an opposition shall also remain
effective in a trial against a ruling of refusal to grant a patent, a ruling of refusal against registration ofan extension of the term of a patent right, or a revocation issued by an examiner.
Article 173 Reexamination Prior to Trial
(1) Where a person who received a ruling of refusal to grant a patent under Article 62 has requested a
trial under Article 132 ter and made an amendment of the specification or drawings attached to the
application which is the subject of the request within thirty days after the request, the President ofIntellectual Property Tribunal shall notify the Commissioner of the Korean Intellectual PropertyOffice before proceeding with the trial.
(2) Where a notification referred to in paragraph (1) has been made, the Commissioner of the Korean
Intellectual Property Office shall have the examiner reexamine the application which is the subject ofthe request.IP/N/1/KOR/P/3
Page 76
Article 174 Mutatis Mutandis  Application of Provisions on
Examination to the Reexamination Prior to Trial
(1) The provisions of Articles 51, 57(2), 78 and 148(i) to (v) and (vii) shall apply mutatis mutandis  to
the reexamination under Article 173.  In such cases, in Article 51(1), the expressions "Article
47(1)(ii)" shall read "Article 47(1)(ii) or (iii)", and "an amendment" shall read "an amendment (under
Article 47(2), excluding an amendment that was filed before a request for a trial against a ruling ofrefusal to grant a patent under Article 132 ter)"
(2) The provisions of Articles 47(1)(i) and (ii) and 63 shall apply mutatis mutandis to the
reexamination under Article 173 if grounds for rejec tion have been found that are different from those
of the examiner's original ruling of refusal to gran t  a  p a t e n t .    I n  s u c h  c a s e s ,  " u n d e r  4 7 ( 1 ) ( i i ) "  i n
Article 63 shall read "under 47(1)(ii) or (iii) (in case under 47(2), excluding that which was submittedbefore a request for a trial against a ruling of refusal to grant a patent under Article 132 ter)".
(3) The provisions of Articles 66 and 67 shall apply mutatis mutandis  to the reexamination under
Article 173 if the request for trial is deemed to have merit.
Article 175 Termination of Reexamination
(1) If a reason for refusal of an application is resolved as a result of reexamination under Article
173(2), the examiner shall reverse his ruling of refusal to grant a patent and make a decision to grant apatent.  In such cases, a request for a trial against a ruling of refusal to grant a patent shall be deemedas having been extinguished.
(2) If the examiner cannot make a decision to grant a patent as a result of reexamination under Article
173(2), he shall report the result of his reexamin ation to the Commissioner of the Korean Intellectual
Property Office without issuing another ruling of refusal to grant a patent.  The Commissioner of theKorean Intellectual Property Office shall notify the President of the Intellectual Property Tribunalafter receipt of the report.
Article 176 Reversal of Ruling of Refusal etc.
(1) Where the trial examiner(s) has deemed that  the request for a trial under Articles 132 ter was well
grounded, he shall reverse the examiner's ruling of  refusal to grant a patent, refusal to grant an
extension of term of a patent right, or revocation of a patent.IP/N/1/KOR/P/3
Page 77
(2) Where a ruling of refusal, refusal against a registration of an extension of term of a patent right or
revocation of a patent is reversed in a trial, a trial decision may be made to remand the case to theExamination Division.
(3) In ruling on a trial under paragraphs (1) and (2) of this Article, the reasons constituting the basis
for the reversal shall bind the exam iner with respect to the case.
Article 177 Deleted.  
CHAPTER VIII  
RETRIAL  
   
Article 178 Request for Retrial  
 
(1) Any party may request a retrial against a trial decision which has become final and conclusive. 
 
(2) The provisions of Articles 422 and 424 of the Code of Civil Procedure shall apply mutatis
mutandis to a request for retrial under paragraph (1). 
 
Article 179 Request for Retrial on Account of Collusion  
 
(1) Where the parties in a trial acted in collusion for the purpose of causing a trial decision to be
rendered which damages the rights or interests of a third party, such third party may request a retrialagainst the trial decision which has become final and conclusive.   
(2) In the case of a request for a retrial under paragraph (1), the parties of the trial shall be joint
defendants. 
Article 180 Time Limit for Request for Retrial 
 
(1) A retrial shall be requested within thirty days from the date on which the petitioner becomes aware
of the grounds for the retrial after the trial ruling became final and conclusive.  (2) Where a retrial is requested by reason of defects in a power of attorney, the time limit provided for
in paragraph (1) shall be counted from the day following the date on which the petitioner or his legal
representative becomes aware that the trial ruling ha d been rendered, by means of a transmittal of the
certified copy of such ruling. IP/N/1/KOR/P/3
Page 78
 
(3) No request for a retrial shall be made after the expiration of three years from the date on which the
trial ruling became final and conclusive. 
 
(4) Where grounds for a retrial arise after the trial ruling has become final and conclusive, the time
limit prescribed in paragraph (3) shall be coun ted from the day following the date on which the
grounds first arose.  
(5) Paragraphs (1) and (3) shall not apply to a request for a retrial made on the grounds that the trial
ruling conflicts with a final and conclusive trial ruling previously rendered.  
Article 181 Restriction on Effects of Patent Rights Restored by Retrial
(1) Patent rights shall not be effective to any product that was imported into, manufactured or
acquired in good faith, in the Republic of Korea after the trial ruling became final and conclusive butbefore a request for a retrial has been registered, in any of the following cases:
(i) where the patent right whose patent or registration of term extension was concluded to be
invalid (including a patent right, the revocation of which was concluded by a trial decision ofrevocation of a patent), has been restored by a retrial;
(ii) after a trial ruling that a product was outside the scope of the patent right became final and
conclusive, where a ruling to the contrary at a retrial has become final and conclusive; or
(iii) where the establishment of a patent right or the extension of a patent term with respect to a
patent application or application for registration of extension of patent term, previouslyrefused by a trial ruling, has been registered through retrial.
(2) Patent right under the provisions of paragraph (1) of this Article shall not extend to the following
acts:
(i) working of the invention in good faith after a trial ruling became final and conclusive but
before the registration of a request for retrial;
(ii) in the case of a patent for an invention of a product, acts of manufacturing, assigning, leasing,
importing, or offering for assigning or leasing su ch articles as to be used exclusively for the
manufacture of the products, in good faith, after trial decision became final and conclusivebut before the registration of a request for retrial; and
(iii) in the case of a patent for an invention of a process, acts of manufacturing, assigning, leasing,
importing, offering for assigning or leasing such articles as to be used exclusively for theworking of the process, in good faith, after a trial decision became final and conclusive but
before the registration of a request for retrial.IP/N/1/KOR/P/3
Page 79
Article 182 Non-exclusive License for Prior User of  
Patent Right Restored by Retrial  
 
For cases which fall under any of the subparagraphs of Article 181(1), any person who has, in good
faith, commercially or industrially worked the invention in the Republic of Korea, or has been makingpreparations therefor, after a trial ruling became final and conclusive but prior to the registration of arequest for retrial, such person shall have a non-exclusive license on the patent right to the extent ofthe invention and of the purpose of business which is  being worked or of which the preparations for
working are being made. 
 
Article 183 Non-exclusive License for Person Deprived of  
a Non-exclusive License by Retrial  
 
(1) Where, after a decision to grant a non-exclusive license under Article 138(1) or (3) has become
final and conclusive, a decision to the contrary is rendered at a retrial, any person who has, in good
faith, commercially or industrially worked the invention in the Republic of Korea or has been makingpreparations therefor under a non-exclusive license, prior to the registration of a request for retrial,such person shall have a non-exclusive license on the patent right or on the exclusive license existingat the time the decision at the retrial becomes final and conclusive, the said license being limited tothe purpose of his business and to the scope of the invention under the original non-exclusive license. 
 
(2) The provisions of Article 104(2) shall apply mutatis mutandis  to the case referred to under
paragraph (1).  
Article 184 Mutatis Mutandis  Application of Provisions on  
Trial to Retrial  
 
The provisions relating to a trial shall apply mutatis mutandis  to a request for a retrial against the
decision of trial decision, unless they are not compatible.  
Article 185 Mutatis Mutandis  Application of Provisions  
of the Code of Civil Procedure  
 
The provision of Article 429(1) of the Code of Civil Procedure shall apply mutatis mutandis  to a
request for retrial.  
CHAPTER IX  
LITIGATION  IP/N/1/KOR/P/3
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Article 186 Action on a Trial Decision, etc.
(1) The Patent Court of Korea shall have original jurisdiction over any action against a trial decision
or dismissal of a request for a trial or retrial.
(e) (2) The action prescribed in paragraph (1) may be brought by a person who is a party,
intervenor or any person who has requested for intervention in the trial but has been
rejected.
(3) The action prescribed in paragraph (1) may be broug ht within thirty days from the date of receipt
of a certified copy of the trial decision or ruling.
(4) The time limit prescribed in paragraph (3) shall not be changed.
(5) With respect to a peremptory period as referred to in paragraph (4) of this Article, the presiding
trial examiner may, ex officio, determine any additional period for the benefit of a person residing inan area that is remote or difficult to access.
(6) An action may not be brought unless it relates to matters for which a trial may be requested.
(7) An action under paragraph (1) on a trial decision on remuneration under Article 162(2)(iv) and a
trial decision or ruling on trial costs under Article 165(1) may not be brought independently.
(8) Any person who has received a ruling from th e Patent Court may appeal to the Supreme Court.
Article 187  Qualification for Defendant  
 
In an action under Article 186(1), the Commissioner of  the Korean Intellectual Property Office shall
be the defendant. However, in the case of an action on decisions of trial under Articles 133(1), 134(1),135(1), 137(1), 138(1) and (3) or retrial, the petitioner or the defendant thereof shall be the defendant.
Article 188 Notification of Institution of Action and Transmittal of Document
(1) When an action brought under the provision of Article 186(1) is instituted or an appeal filed under
the provision of Article 186(8), the Patent Court shall notify, without delay, the President of theIntellectual Property Tribunal accordingly.
(2) When an action under the provision of Article 187(1) has been concluded, the Patent Court shall
transmit a certified copy of the judgment on the action to the President of the Intellectual Property
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Article 189  Revocation of Trial Decision or Ruling  
 
(1) Where the Patent Court has deemed that an action under Article 186(1) was well grounded, it shall
revoke the trial decision or ruling by judgment.   (2) Where a reversal of trial decision or ruling becomes final and conclusive under paragraph (1), thetrial examiner shall review the case and make a trial decision or ruling.  (3) The reasons for a judgment on an action under paragraph (1) which constitute the basis for therevocation shall bind the Intellectual Property Tribunal with respect to the case. 
Article 190 Action Against Decision on Am ount of Compensation or Remuneration
(1) A person who is dissatisfied with a decision and ruling or an adjudication regarding the amount of
compensation or remuneration under Articles 41(3) or (4), 106(3), 110(2)(ii), or 138(4), may bring an
action before the Court.
(2) An action under paragraph (1) shall be filed within thirty days from the date of receipt of a
certified copy of the decision and ruling or adjudication.
(3) The time limit prescribed in paragraph (2) shall not be changed.
Article 191 Defendant in an Action Relating to Compensation or Remuneration  
 
In an action under Article 190, the following persons shall be the defendants: 
  (i) the government agency or applicant liable for payment of compensation in the case of
compensation under Article 41(3) or (4); 
  (ii) the government agency, patentee, exclusive licensee or non-exclusive licensee liable for payment
of compensation in the case of compensation under Article 106(3); or 
  (iii) the non-exclusive licensee, exclusive licensee, patentee or owner of a utility model or design
registration in the case of remuneration under Article 110(2)(ii) or 138(4). 
 
CHAPTER X
INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION TREATY  
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Part I. International Application Procedure  
 
Article 192 Persons Capable of International Application  
 
Any person who falls under any of the following subpa ragraphs may file an international application
with the Commissioner of the Korean Intellectual Property Office: 
  (i) a national of the Republic of Korea;   (ii) a foreigner who has a residence or place of business in the Republic of Korea;   (iii) a person who does not fall under subparagraph (i) or (ii) but who files an international
application under the name of a representative falling under subparagraph (i) or (ii); or 
  (iv) a person who meets the requirements prescribed by the Ordinance of the Ministry of Commerce,
Industry and Energy. 
 
Article 193 International Application  
 
(1) A person desiring to file an international application shall submit to the Commissioner of the
Korean Intellectual Property Office a request, description, claims, drawings (where required) and anabstract prepared in the Korean language or any language prescribed by the Ordinance of the Ministryof Commerce, Industry and Energy.  (2) The request shall contain: 
  (i) a petition to the effect that the international application be processed according to the Patent
Cooperation Treaty; 
  (ii) the designation of the contracting States in which protection for the invention is desired on the
basis of the international application; 
  (iii) if the applicant wishes to obtain a regional patent referred to in Article 2(iv) of the Patent
Cooperation Treaty, an indication to that effect; 
  (iv) the name, or title, and the domicile, or place of business, and the nationality, of the applicant;   (v) the name and domicile or place of business of the agent (if any);   (vi) the title of the invention; and   (vii) the name and domicile, or place of business, of the inventor (where the national law of a
designated State requires that these indications be furnished). 
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(3) The description under paragraph (1) shall disclose the invention in a manner sufficiently clear and
complete for the invention to be carried out easily by a person skilled in the art to which the invention
pertains.  (4) The claims under paragraph (1) shall clearly and concisely define the matter for which protectionis sought and be fully supported by the description.  
(5) Other necessary matters which are not prescribed in paragraphs (1) to (4) concerning an
international application shall be prescribed by the Ordinance of the Ministry of Commerce, Industryand Energy.  
Article 194 Recognition, etc. of Filing Date of International Application  
 
(1) The Commissioner of the Korean Intellectual Property Office shall deem the date of receipt of the
international application as the international filing date under Article 11 of the Patent CooperationTreaty (hereinafter referred to as an "international filing date"), unless: 
  (i) the applicant does not meet the requirements prescribed in Article 192;   (ii) the international application is not in the language prescribed under Article 193(1);   (iii) the international application does not contain a description or claim(s); or   (iv) the elements listed in Article 193(2)(i) and (ii) or the name or title of the applicant are not
indicated. 
 (2) If an international application falls under any of the subparagraphs of paragraph (1), theCommissioner of the Korean Intellectual Property Office shall invite the applicant to amend thedefect, in writing, within a designated time limit.  (3) If an international application refers to a draw ing or drawings which is or are not included in that
application, the Commissioner of the Korean Intellectual Property Office shall notify the applicantaccordingly. 
 
(4) The Commissioner of the Korean Intellectual Property Office shall deem the international filing
date as the date of receipt of the amendment in writing when the invited applicant under paragraph (2)has complied with the invitation within the design ated time limit, or the date of receipt of the
drawings when the invited applicant under paragraph (3) has furnished the drawings within the timelimit prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy. If the invitedIP/N/1/KOR/P/3
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applicant under paragraph (3) has not furnished the drawings within the time limit prescribed by the
Ordinance of the Ministry of Commerce, Industry and Energy then reference to the said drawings
shall be considered nonexistent.  
Article 195 Invitation to Amendment  
 
The Commissioner of the Korean Intellectual Prop erty Office shall invite the applicant to make
amendments, in writing, within a designated time limit, if the international application does not: 
(i) contain the title of the invention; (ii) contain an abstract; (iii) comply with Articles 3 or 197(3); or 
(iv) comply with the requirements prescribed by the Ordinance of the Ministry of Commerce,
Industry and Energy. 
 
Article 196 International Application Considered to Have  
Been Withdrawn  
 
(1) An international application shall be considered to have been withdrawn if: 
  (i) the applicant has failed to make an amen dment within the time limit designated under Article
195; 
  (ii) a fee has not been paid within the time limit prescribed by the Ordinance of the Ministry of
Commerce, Industry and Energy, and Article 14(3)( a) of the Patent Cooperation Treaty therefore
becomes applicable; or 
  (iii) with regard to an international applica tion to which an international filing date has been
recognized under Article 194, the said application is found to fall under any of the
subparagraphs of the provisions under Article 194(1), within the time limit prescribed by theOrdinance of the Ministry of Commerce, Industry and Energy.  
 
(2) If part of a fee has not been paid within the time limit prescribed by the Ordinance of the Ministry
of Commerce, Industry and Energy, and Article 14(3) (b) of the Patent Cooperation Treaty therefore
becomes applicable, the designation of the State or States in respect of which the fee has not been paid
shall be considered to have been withdrawn.  
(3) If an international application, or part of the States designated, is considered to have been
withdrawn under paragraphs (1) or (2), the Commi ssioner of the Korean Intellectual Property Office
shall notify the applicant accordingly. 
Article 197 Representative, etc.IP/N/1/KOR/P/3
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(1) Where two or more applicants jointly file an international application, the procedure under
Articles 192 to 196 and 198 may be initiated by a common representative of the applicants. 
 
(2) Where two or more applicants jointly file an international application and do not designate a
common representative, a representative may be designated as their common representative asprescribed in the Ordinance of the Mini stry of Commerce, Industry and Energy. 
 
(3) Where an applicant intends to allow an agent to initiate a procedure for him under paragraph (1),
he shall appoint a patent attorney as his agent unless the procedure is initiated by a legalrepresentative under Article 3.  
Article 198  Fees  
 
(1) An applicant for an international application shall pay the required fees. 
 
(2) Fees, proceedings and time limits for payments under paragraph (1) shall be prescribed by the
Ordinance of the Ministry of Commerce, Industry and Energy. 
Article 198 bis  International Search and International Preliminary Examination  
 
(1) The Korean Intellectual Property Office shall perform duties as an international searching
authority and as an international preliminary examining au thority for an international application in
accordance with a convention concluded with the International Bureau , as prescribed in Article 2(xix)
of the Patent Cooperation Treaty.  
(2) Details concerning the performance of duties as prescribed in paragraph (1) shall be prescribed by
the Ordinance of Ministry of Commerce, Industry and Energy. 
 
Part II. Special Provisions on International Patent Applications  
 
Article 199  Patent Application Based on International Application  
 
(1) An international application for which an intern ational filing date has been recognized under the
Patent Cooperation Treaty, and which designates the Republic of Korea as a designated State in orderto obtain a patent, shall be considered to be a patent application filed on its international filing date. 
 
(2) Article 54 shall not apply to an international ap plication considered to be a patent application
under paragraph (1) (hereinafter referred to as an "international patent application"). 
Article 200 Special Provision Concerning PresumptionIP/N/1/KOR/P/3
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of Novelty of Inventions  
 
Notwithstanding Article 30(2), any person desiring application of Article 30(1)(i) or (iii) to the
invention claimed in an international patent application may submit to the Commissioner of theKorean Intellectual Property Office a written statement to that effect and a document proving that the
invention falls under Article 30(1)(i) or (iii) within the time limit prescribed by the Ordinance of the
Ministry of Commerce, Industry and Energy.  
Article 201 Translation of International Patent Application  
 
(1) The applicant for an international patent app lied in any foreign language shall submit to the
Commissioner of the Korean Intellectual Property Office a Korean translation of the description,claims, drawings (only text matter thereof) and abstract filed on the international filing date withinone year and eight months from the priority date as defined in Article 2(xi) of the Patent CooperationTreaty (hereinafter referred as "priority date") or two years and six months from the priority date incase where the said applicant has requested an International Preliminary Examination under Article 33of the Patent Cooperation Treaty within one year and seven months from the priority date and elected
the Republic of Korea as an elected State under the Article 31(4)(a) of the Patent Cooperation Treaty
(hereinafter referred to as "domestic time limit for submitting documents"). However, in cases wherean applicant for an international patent has amended the claims under Article 19(1) of the PatentCooperation Treaty, only the Korean translation of the amended claims need be submitted.  (2) If the translation of the description and claims under paragraph (1) have not been submitted withinthe domestic time limit for submitting documents, the in ternational patent application shall be deemed
to be withdrawn.   
(3) An applicant who has submitted the translation referred to in paragraph (1) may submit a new
translation to replace the prior translation only within the designated domestic time limit forsubmitting documents; however, this provision shall not apply where the applicant has made a requestfor examination.   (4) Matters which were disclosed in the description, claims and text matter of drawings of aninternational patent application filed on the international filing date, but which were not disclosed inthe translation under paragraph (1) or (3) (hereinafter referred to as a "translated version") submittedwithin the domestic time limit for submitting documents  (or the date of the request for examination
where the applicant has made such a request with in the said time limit; hereinafter referred to asIP/N/1/KOR/P/3
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"relevant date") shall be deemed not to have been disclosed in the description, claims and the text
matter of the drawings of said international patent application filed on the international filing date.   (5) An application of an international patent application submitted on the international filing date shallbe deemed to be an application submitted under Article 42(1).  (6) The translated version of the description, claims, drawings and abstract of an international patent
application (the description, claims, drawings and abstract submitted on the international filing date,
in case of an international patent application made in the Korean language) shall be deemed to be the
description, claims, drawings and abstract submitted under Article 42(2).  (7) Article 204(1) and (2) shall not apply in case where a Korean translation of the amended claimshas been submitted pursuant to the provision of paragraph (1).   (8) Where the Korean translation for only the amended claims has been submitted pursuant to theprovision of paragraph (1), the claims submitted at the international filing date shall not be
recognized. 
 
Article 202 Special Provisions on Claim of Priority  
 
(1) Articles 55(2) and 56(2) shall not apply to an international patent application. 
 (2) For the purpose of Article 55(4), "description or drawings originally attached to the earlierapplication" shall read "description, claims and drawings (only text matter thereof) submitted on theinternational filing date under Article 201(1), and the translated version of said documents underArticle 201(4) or drawings (except the text matter thereof) of the international application submitted
on the international text matter thereof) of the in ternational application submitted on the international
filing date" and "laying open for public inspection" shall read "international publication under Article21 of the Patent Cooperation Treaty."  
 
(3) For the purposes of Articles 55(1), (3) and (4) and 56(1), where the earlier application underArticle 55(1) of the Patent Law is the international patent application or international utility modelapplication under Article 57(2) of the Utility Model Law, "description or drawings originally attachedto a patent or utility model application" in Article 55(1) and (3) shall read "description, claims anddrawings of an international application submitted on the international filing date under Article 201(1)of the Patent Law or Article 59(1) of the Utility Model Law," "description or drawings originallyIP/N/1/KOR/P/3
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attached to the earlier application" in Article 55(4 ) shall read "description, claims or drawings of an
international application concerning an earlier application submitted on the international filing dateunder Article 201(1) or Article 59(1) of the Utility Model Law," "laying open of the earlierapplication" for public inspection in Article 55(4) shall read "international publication concerning saidearlier application under Article 21 of the Patent Cooperation Treaty" and "at the expiration of oneyear and three months from the filing date" in Article 56(1) shall read "at the relevant date underArticle 201(4) of the Patent Law or Article 59(4) of the Utility Model Law or at the expiration of one
year and three months from the international filing date under Article 201(1) of the Patent Law or
Article 59(1) of the Utility Model Law, whichever date expires later," respectively.   (4) For the purposes of Articles 55(1), (3) and (4) or 56(1), where the earlier application under Article55(1) is an international patent application recognized as a patent application or a utility modelapplication under Article 214(4) of the Patent Law or Article 71(4) of the Utility Model Law,"description or drawings originally attached to th e application" in Article 55(1) and (3) shall read
"description, claims or drawings of an international application as of the date regarded as theinternational filing date under Article 214(4) of the Patent Law or Article 71(4) of the Utility Model
Law" and "description or drawings originally attached to the earlier application" in Article 55(4) shall
read "description, claims or drawings of an interna tional application concerning an earlier application
as of the date regarded as the international filing date under Article 214(4) of the Patent Law orArticle 71(4) of the Utility Model Law" and "at the expiration of one year and three months from thefiling date of that earlier application" in Article 56(1) shall read "within one year and three monthsfrom the date regarded as the international filing date under Article 214(4) of the Patent Law orArticle 71(4) of the Utility Model Law or at the tim e of making a decision under Article 214(4) of the
Patent Law or Article 71(4) of the Utility Model Law, whichever date expires later," respectively.  
Article 203 Submission of Documents
An applicant for an international patent may subm it, within the designated domestic time limit for
submitting documents to the Commissioner of the Korean Intellectual Property Office, a document
stating:
(i) the name and domicile of the applicant (the title and place of business if the applicant is a legal
entity);
(ii) the name and domicile or place of business of the agent, if any (the title, place of office and
name of designated patent attorney if the agent is a patent corporation);
(iii) Deleted(iv) the title of the invention;IP/N/1/KOR/P/3
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(v) the name and domicile, or place of business of the inventor; and
(vi) the international filing date and the international application number.
Article 204 Amendment after Receipt of the International Search Report
(1) If the claims of an international patent application have been amended after receipt of the
international search report under Article 19(1) of the Patent Cooperation Treaty, the applicant of theinternational patent application shall submit to the Commissioner of the Korean Intellectual PropertyOffice a Korean translation of such an amendment no later than the relevant date.
(2) Where a translation of the amendment has been submitted under paragraph (1), the claims shall be
deemed to have been amended under Article 47(1) by the translation.
(3) Where a statement under Article 19(1) of the Patent Cooperation Treaty has been submitted to the
International Bureau under Article 2(xix) of the said Treaty (hereinafter referred to as the"International Bureau"), the applicant of an international patent application shall submit to theCommissioner of the Korean Intellectual Property Office a Korean translation of such statement.
(4) If an applicant of an international patent application has not followed the procedure under
paragraph (1) or (3) before the relevant date, the amendment or statement under Article 19(1) of the
Patent Cooperation Treaty shall be deemed not to have been made.
(5) Deleted
Article 205 Amendment Before Establishment of the International  
Preliminary Examination Report  
 
(1) If the description, claims and drawings of an international patent application have been amended
under Article 34(2) of the Patent Cooperation Treaty, the applicant of an international patentapplication shall submit to the Commissioner of the Korean Intellectual Property Office a Koreantranslation of such amendment no later than the relevant date.   (2) When a translation of the amendment has been submitted under paragraph (1), the description and
drawings shall be deemed to have been amended under Article 47(1) by the translation. 
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(3) If an applicant of an international patent application has not followed the procedure under
paragraph (1) prior to the relevant date, the amendment under Article 34(2)(b) of the PatentCooperation Treaty shall be deemed not to have been made.   (4) The time limit for an amendment prescribed in Article 47(1) shall not apply to an amendmentunder paragraph (2).  
 
Article 206 Special Provision on Patent Administrator for Nonresidents  
 
(1) Notwithstanding the provisions of Article 5(1), a nonresident applicant of an international patent
application may, prior to the relevant date, initiate a patent-related procedure application without a
patent administrator. 
 (2) Nonresidents who have submitted a translation of an application under paragraph (1) shall appointa patent administrator and report that fact to the Commissioner of the Korean Intellectual PropertyOffice within the time limit prescribed by the Ordinance of the Ministry of Commerce, Industry andEnergy.  (3) The international application shall be deemed to have been withdrawn where the appointment of apatent administrator is not reported within the time limit prescribed under paragraph (2). 
 
Article 207 Special Provision on the Time a nd Effect of Laying-Open of Application
(1) In the case of the laying-open of an international patent application, "after one year and six months
from the date falling under any of the following subp aragraphs " in Article 64(1) shall read "within
the time limit under Article 201(1) (where the applicant has made a request for examination of theinternational patent application within said period and the international publication under Article 21 ofthe Patent Cooperation Treaty has been made, within one year and six months from the priority dateor the date of the request for examination, whichever date expires later)."
(2) The applicant of an international patent application may, after the domestic laying open and after
having given a warning in the form of a document describing the contents of the invention claimed inthe international patent application, demand of a person who has commercially or industrially worked
the invention, after the warning but before the registration  of a patent right, the payment of
compensation in an amount equivalent to what he  would normally receive for the working of the
invention. Even in the absence of a warning, the same demand may be made of a person whocommercially or industrially worked the invention before the domestic laying-open and who hadIP/N/1/KOR/P/3
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known that the invention was the one claimed in the international patent application. Provided,
however, that the applicant shall not claim the right for compensation before the registration  of apatent right.
Article 208 Special Provision on Amendment
(1) Notwithstanding the provisions of Article 47(1), no amendment to an international patent
application (except an amendment under Article 204(2) and 205(2)) may be made until the feesprescribed under Article 82(1) have been paid, a translation of the application (except in the case of aninternational patent application made in the Korean language) under Article 201(1) has beensubmitted, and the relevant date has passed.
(2) Deleted.
(3) With regard to the scope of an amendment ma de to an international patent application, "the
features disclosed in the specification or drawing(s) originally attached to th e application" in Article
47(2) shall read "the features disclosed in the description, claims or drawing(s) (only the textualmatter therein) in the international patent application submitted on the international filing date and inthe translated version thereof, or the features di sclosed in the drawing(s) (except the textual matter
therein) in the international patent application."
(4) Deleted.
(5) Deleted.
Article 209 Restriction on Timing of Dual Application 
 
Notwithstanding the provisions of Article 53(1) of this Law, a dual application as a patent application
on the basis of an international application is deem ed to be a utility model registration application
filed on the international application date under Article 57(1) of the Utility Model Law and  may not
be filed until the fees under Article 30(1) of the Utility Model Law have been paid, and a translation
of the application under Article 59(1) of the Utility Model Law (except for the case of international
utility model registration application made in the Korean language) has been submitted (with respectto an international application considered to be a utility model application under Article 71(4) of theUtility Model Law, until the decision under said provision has been made).  IP/N/1/KOR/P/3
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Article 210 Restriction on Time of Request for Examination  
 
Notwithstanding Article 59(2), an applicant of an international patent application may not make a
request for examination of his application until the proceedings (except for the case of internationalpatent application made in the Korean language) under Article 201(1) have been taken and the fees
under Article 82(1) have been paid. A person other than the applicant of an international patent
application may not make a request for examination of the international patent application until theperiod under Article 201(1) has lapsed.  
Article 211 Regulation Concerning Submission of Documents Cited  
in the International Search Report, etc.  
 
The Commissioner of the Korean Intellectual Property Office may require an applicant of an
international patent application to submit copies of the references cited in the international searchreport under Article 18 of the Patent Cooperation Treaty and the International PreliminaryExamination Report under Article 35 of said Treaty, designating a time limit therefor. 
 
Article 212 Special Provision on Ruling of Revocation of Grant of Patent
Where an opposition to the grant of a patent for an international application is brought, "the features
disclosed in the specification, claims, or drawing(s) originally attached to the application" in Article
47(2) under the provision of Article 69(1)(iv) bis shall read "the features disclosed in the specification,
claims or drawing(s) (only the textual matter therein) in the international patent application submittedon the international filing date and in the translated version thereof, or the features disclosed in thedrawing(s) (except the textual matter therein) in the international patent application."
Article 213 Special Provision on an Invalidation Trial of a Patent
Where an invalidation trial is brought against an international patent application, "the features
disclosed in the specification, claims, or drawing(s) originally attached to the application" in Article47(2) as applied under Article 133(1)(iv) bis shall read "the features disclosed in the specification,
claims or drawing(s) (only the textual matter therein) in the international patent application submittedon the international filing date and in the translated version thereof or the features disclosed in thedrawing(s) (except the textual matter therein) in the international patent application".
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Article 214 International Application Considered to be a  
Patent Application by Decision  
 
(1) An applicant of an international application may,  where the receiving Office referred to in Article
2(xv) of the Patent Cooperation Treaty has made a refusal referred to in Article 25(1)(a) of the Treaty
or has made a declaration referred to in Article 25(1)(a) or (b) of the Treaty or the International
Bureau has made a finding referred to in Arti cle 25(1)(a) of the Treaty with respect to the
international application (only if a patent application) which contains the designation of the Republic
of Korea as a designated State referred to in Article 4(1)(ii) of the Treaty, request the Commissionerof the Korean Intellectual Property Office as provided in the Ordinance of the Ministry of Commerce,Industry and Energy to make a decision referred to in Article 25(2)(a) of the Treaty within the timelimit prescribed by the Ordinance.  (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 the description, claims and drawings
(limited to the text matter thereof) as well as othe r documents relating to the international application
provided by the Ordinance of the Ministry of Commerce, Industry and Energy.  (3) Where a request under paragraph (1) has been made, the Commissioner of the Korean IntellectualProperty Office shall decide whether the refusal, declaration or finding referred to therein wasjustified under the provisions of the Patent Cooperation Treaty and the Regulations thereunder.  (4) Where the Commissioner of the Korean Intell ectual Property Office has made a decision under
paragraph (3) to the effect that the refusal, declaration or finding under paragraph (1) was not justified
under the provisions of the Patent Cooperation Treaty and the Regulations thereunder, theinternational application concerned shall be considered to be a patent application filed on the datewhich would have been recognized as the international filing date if the said refusal, declaration orfinding had not been made in respect of the said international application.  (5) The provisions of Articles 199(2), 200, 201(4) to (8), 202(1) and (2), 208, 210, 212 and 213 shallapply mutatis mutandis  to an international application considered to be a patent application under
paragraph (4). 
 
(6) In the case of the laying open of an international application considered to be a patent applicationunder paragraph (4), "filing date of an application for a patent" in Article 64(1) shall read "prioritydate referred to in Article 201(1)." IP/N/1/KOR/P/3
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CHAPTER XI  
SUPPLEMENTARY PROVISIONS 
Article 215  Special Provisions for Patent or Patent Right with Two or More Claims
Where Articles 65(6), 74(4), 84(1)(ii), 85(1)(i) (only in the case of extinguishment), 101(1)(i),
104(1)(i), (iii) or (v), 119(1), 133(2) or (3), 136(6), 139(1), 181, 182 of the Patent Law and Article40(1)(ii), (iv) or (v) of the Utility Model Law apply to a patent or patent right with two or moreclaims, a patent shall be deemed to have been granted, or a patent right to have been established, foreach claim.
Article 215 bis  Special Provisions for Registration of Patent Application                                    
with Two or More Claims
1. (1) Where a person who has received a decision to grant a patent for a patent application with
two or more claims has paid the registration fees, said person may abandon individual claims.
2. (2) Matters necessary for abandonment of claims under paragraph (1) shall be prescribed by
Ordinance of the Ministry of  Commerce, Industry and Energy.
Article 216  Inspection of Documents, etc.
(1) A person who desires to receive a certificate for a patent or a trial, a certified copy or extract of
documents, or inspect or copy the Patent Register or documents may request the Commissioner of theKorean Intellectual property Office to that effect.
(2) The Commissioner of the Korean Intellectual property Office shall not grant the request referred to
in paragraph (1) if it relates to a patent application that has not been published or laid open for public
inspection, or if it relates to matters liable to contravene public order or morality.
Article 217  Prohibition of Opening or Removal of Documents
Relating to Patent Application, Examination, Opposition,
Trial, Retrial or the Patent Register
(1) The removal of documents relating to a patent application, examination, opposition, trial, retrial or
the Patent Register shall be prohibited.  However, this provision shall not apply in cases wheredocuments relating to a patent application or examination are removed under 58(1) or (2).IP/N/1/KOR/P/3
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(2) A response shall not be given to a request for an expert opinion, testimony or an inquiry as to the
contents of a pending patent application, examination, opposition, trial, or retrial that is in process, oras to the contents of an Examiner's decision, trial decision or ruling.
Article 217 bis  Agency for Computerizing Work of Patent Documents
(1) Where it is considered necessary to deal eff ectively with patent, procedures the Commissioner of
the Korean Intellectual property Office may entrust any person who meets the standards asdetermined by Ordinance of the Ministry of Co mmerce, Industry and Energy with the digitization of
documents relating to patent applications, examinations, patent oppositions, trials, retrials or thePatent Register through an electronic information processing system and the technology of utilizing
the electronic information processing system.
(2) Article 217(1) shall not apply in the case where any documents relating to patent applications,
examinations, patent oppositions, trials, retrials or the Patent Register are removed for the purpose ofentrusting the patent for documents computerizing work.
(3) A person who is or was an officer or employ ee of the person who has been entrusted with the
computerizing work of patent documents pursuant to paragraph (1) (hereinafter referred to as the"agency of computerizing patent documents") shall not divulge or appropriate an invention disclosed
in a pending application to which he had access during the course of his duties.
(4) The Commissioner of the Korean Intellectual Property Office may pursuant to paragraph (1)
computerize a written application for a patent or other documents , as prescribed by the Ordinance of
the Ministry of Commerce, Industry and Energy , which fail to be submitted with such electronic
documents as prescribed in Article 28 ter(1), and may record them in a file of an electronic
information processing system operated by the Korean Intellectual Property Office or the IntellectualProperty Tribunal.
(5) The contents written in a file under paragraph (4) of this Article shall be deemed to be the same as
those entered in the documents concerned.
(6) The method of carrying out the computerizing work of patent documents as referred to in
paragraph (1) and other matters necessary for carrying out the computerizing work of patentdocuments , shall be determined by the Ordinance of the Ministry of Commerce, Industrial and
Energy.IP/N/1/KOR/P/3
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Article 218  Transmittal of Documents
In addition to the provisions in the Patent Law, matters relating to the transmittal of documents and
procedures of transmittal shall be prescribed by Presidential Decree.
Article 219  Service by Public Notification
(1) In cases where service of documents cannot be made because the domicile or place of business of
a person to be served is unclear, service shall be made by public notification.
(2) Service by public notification shall be implemented by publishing a notice in the Patent Gazette to
the effect that the documents to be served will be delivered at any time to the person to be served.
(3) The initial service by public notification shall co me into force after the expiry of two weeks from
the date it is published in the Patent Gazette; however, a subsequent service by public notification onthe same party shall come into force from the da te following its publication in the Patent Gazette.
Article 220  Service to Nonresidents
(1) For a nonresident having a patent administrator, documents to be served to him shall be served to
his patent administrator.
(2) For a nonresident without a patent administrator,  documents to be served to him shall be sent to
him by registered airmail.
(3) When documents have been sent by registered airmail under the provision of paragraph (2), such
documents shall be deemed to have been served on the mailing date.
Article 221  Patent Gazette
(1) The Korean Intellectual property Office shall publish the Patent Gazette.
(a) (2) The Patent Gazette may be published by the electronic media under the conditions
as determined by the Ordinance of the Ministry of Commerce, Industry and Energy.
(3) In publishing the Patent Gazette by the info rmation and communication media, the Commissioner
of the Korean Intellectual property Office shall make public matters regarding the fact of publicationIP/N/1/KOR/P/3
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of the Patent Gazette, its main contents, and service by public notification through computerized
network.
Article 222  Submission of Documents, etc.
The Commissioner of the Korean Intellectual property Office or examiner may require a party
concerned to submit documents and articles necessary for dealing with proceedings other than thoserelating to trial or retrial.
Article 223  Patent Indication
A patentee or an exclusive or non-exclusive licensee may indicate an identification of the patent upon
a patented product in the case of an invention of a produ ct or in the case of an invention of process, on
the manufactured product.  If it is not possible to place such an indication on the product, theidentification may be made on the container or package thereof.
Article 224  Prohibition of False Indication
No person shall be allowed to perform any of the following acts:
    () marking with an indication of a patent having been granted or patent application having been
filed, or any sign likely to cause confusion therewith, on an article for which a patent has not
been granted, a patent application is not pending, or upon an article manufactured by a processfor which a patent has not been granted or a patent application is not pending, or a container or
package thereof;
    () assigning, leasing or displaying an article which has been marked with an indication referred to
in subparagraph (i);
    () for the purpose of manufacture, use, assignment or lease of an article referred to in
subparagraph (i), marking with an indication upon advertisements, signboards or tags that a
patent has been granted, a patent application had been filed for it, that it has been produced by aprocess for which a patent has been granted, a patent application is pending, or marking with anysign likely to cause confusion therewith; or
    () for the purpose of use, assignment or lease of a process for which a patent has not been granted
or a patent application is not pending, marking with an indication, on advertisements, signboards
or tags, that a patent has been granted, a patent application had been filed for the process, ormarking with any sign likely to cause confusion therewith.IP/N/1/KOR/P/3
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Article 224 bis  Restriction on Objection
No objection may be raised against a decision to reject an amendment, decision to grant a patent,
decision to revoke a patent, trial decision, dismissal of a request for trial or retrial under other Law,and no objection may be raised against any disposition against which no objection may be raised
under this Law.
CHAPTER XII
PENAL PROVISIONS
Article 225 Offense of Infringement
(1) Any person who infringes a patent right or exclusive licensee shall be liable to imprisonment with
labor not exceeding seven years or to a fine not exceeding 100 million won.
(2) Prosecution for offenses under paragraph (1) shall be initiated upon filing of a complaint by an
injured party.
Article 226  Offense of Perjury
(b) (1) Where a witness, expert witness or interpreter, having taken an oath under the
law, has made a false statement or given a false expert opinion or interpreted falsely
before the Intellectual property Tribunal, he shall be liable to imprisonment with
labor not exceeding five years or to a fine not exceeding 10 million won.
(2) Any person who has committed an offense under paragraph (1) who confesses it, before the
examiner's decision to an opposition or a trial decision becomes final and conclusive may be partially
or totally exempted from the application of the sentence.
Article 227  Offense of False Marking
Any person who violates the provisions of Article 224 shall be liable to imprisonment with labor not
exceeding three years or to a fine not exceeding 20 million won.
Article 228  Offense of FraudIP/N/1/KOR/P/3
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Any person who has obtained a patent, a decision on an opposition to the grant of a patent, the
registration of an extension of the patent term, or a trial decision by means of a fraudulent or any otherunjust act shall be liable to imprisonment with labor not exceeding three years or to a fine notexceeding 20 million won.
Article 229  Offense of Divulging Secrets
Where any present or former official of the Korean Intellectual property Office or the Intellectual
property Tribunal has divulged or appropriated an invention disclosed in a pending application towhich he had access during the course of his duties, such official shall be liable to imprisonment withlabor not exceeding two years or to a fine not exceeding 3 million won.
Article 229 bis  Officers and Employees of Special Searching Agency as Public Officials;
Irrebuttable Presumption
A person who is or was an officer or employee of any special searching agency or patent documents
computerizing agency shall be deemed to be one who is or was an employee of the KoreanIntellectual property Office for purposes of applying Article 229.
Article 230  Dual Liability
Where a representative of a legal entity or an agent, employee or any other servant of a legal or
natural person has committed an act in violation of Articles 225(1), 227 or 228 with regard to thebusiness of the legal or natural person, the legal person, in addition to the offender, shall be liable to afine as prescribed in one of the following subparagraphs; the natural person shall be liable to a fineprescribed under the pertinent Article:    (i) in the case of Article 225(1): fine not exceeding 300 million won;
    (ii) in the case of Article 227 or 228: fine not exceeding 60 million won.
Article 231  Confiscation, etc.
(1) Any article that is the subject of an infringing act under Article 225(1), or any article arising out of
such act, shall be confiscated or, upon request of the injured party, a judgment shall be rendered to theeffect that such article shall be delivered to the injured party.
(2) Where the article is delivered up to the injured party under paragraph (1), that person may claim
compensation of damages in excess of the value of the article.IP/N/1/KOR/P/3
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Article 232  Administrative Fine
(1) Any person who has committed an act in violation of any act of the following subparagraphs shall
be liable to an administrative fine not exc eeding 500,000 won under the following circumstances:
    () where a person who has taken an oath under Article 271(2) or 339 of the Code of Civil
Procedure has made a false statement before the Intellectual property Tribunal;
    () where a person was ordered by the Intellectual property Tribunal to submit or show documents
or other things with respect to taking evidence or to the preservation of evidence, and has failed
to comply with the order without justifiable reasons;
    () where a person has failed to comply with an order to report under Article 125 on matters
relating to the working of a patented invention without justifiable reasons; or
    () where a person was summoned by the Intellectual property Tribunal as a witness, expert
witness or interpreter and has failed to comply w ith the subpoena, or has refused to take an oath,
to make a statement, to testify, to give an ex pert opinion or to interpret, without justifiable
reasons.
(2) The administrative fine referred to in paragraph (1) shall be imposed and collected by the
Commissioner of the Korean Intellectual property Office as prescribed by Presidential Decree.
(3) Any person who objects to the imposition of an administrative fine under paragraph (2) may lodge
a protest to the Commissioner of the Korean Intellectual property Office within thirty days from thedate of notification of the imposition.
(4) The Commissioner of the Korean Intellectual property Office shall, upon receipt of a protest under
paragraph (3), notify the competent court without delay, which shall adjudicate the case of theadministrative fine according to the provisions of the Law on Procedure for Non-Litigation Cases.
(5) Where no objection has been raised within the period prescribed in paragraph (3) and where the
fine has not been paid, the Commissioner of the Korean Intellectual property Office shall collect it inaccordance with the rules concerning collection of national taxes in arrears through the head of thecompetent tax office.
ADDENDUM   
 
Article 1 Date of Entry into Force  IP/N/1/KOR/P/3
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This Law shall enter into force on January 1, 1999. Provided, however, that Articles 193(1) and
198bis, the amended provisions concerning the effect of specification, claims, drawings and abstracts
of an international patent application made in the Korean language of Article 201(6), the amendedprovisions concerning the exemption of submission of translations with respect to an international
patent application made in the Korean language of Article 208(1) and the amended provisions
concerning the exemption of submission of translations with respect to an international patentapplication made in the Korean language of Article 210, shall enter into force on the day when aconvention which the government of the Republic of Korea concludes with the International Bureau
in connection with the appointment of an internati onal searching authority enters into force, and the
amended provisions of Articles 6, 11, 29, 36, 49, 53, 55, 56, 59, 69, 87, 88, 102, 104, 133, 202, 209and 215 of this Law, and those of Articles 21 and 22 of the Design Law in Article 5(2) of this addenda
shall enter into force on July 1, 1999. 
 
Article 2 General Transitional Measures  
 
The previous provisions shall apply to a patent application made under the previous provisions at the
time when the law enters into force, and the patent registration, patent right, opposition to a patent,
trial, review and litigation related thereto.  
Article 3 Application of Disposition of Procedures Related to Filing of  
Patent Application by Means of Electronic Documents  
 
The amended provisions of Articles 28 ter to 28 quinquies  and 217 bis(5) shall apply to a patent
application that is filed from January 1, 1999.  
Article 4 Application of Requirements for Patents 
 
The amended provisions of Article 29(3) shall apply in a case where an invention for which a patent
application is made after this Law enters into force (hereinafter referred to as a "later-filed invention"in this Article) is the same as a device described in the specifications or drawings appended to awritten application for utility model registration, which was filed before the enforcement of this Lawand which was laid open after the filing date of the patent application for a later-filed invention.   
 
Article 5 Amendment of other Laws  
 
(1) The following provisions of the Design Law shall be amended as follows : IP/N/1/KOR/P/3
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"Articles 3 to 28 of the Patent Law" in Article 4 shall be amended to "Articles 3 to 28 quinquies  of the
Patent Law" ; 
Article  21 and 22 shall be deleted ; 
"Article  218 of the Patent Law" in Article 81 shall be amended to "Article 217 bis of the Patent Law";
and  "Articles 213 of the Patent Law" in Article 89 shall be amended to "Articles 229 bis and 231 of
the Patent Law ." 
 
(2) The following provisions of the Trad emark Law shall be amended as follows: 
"Article 28 of the Patent Law" in Article 5 shall be amended to "Articles 28 to 28 quinquies  the Patent
Law" ; and  "Article 218 of the Patent Law" in Article 92 shall be amended to "Article 217 bis of the
Patent Law ." 
ADDENDUM
Article 1  Date of Entry into Force
This Law shall enter into force on July 1, 2001.  The amended provisions of Articles 56(1), 84(2), (3),
the exception proviso under 217(1) and  229bis, however , shall enter into force on the day when this
Law is promulgated.
Article 2  Application of Requirements for Patents
The amended provisions of Article 29(1)(ii) and 30(1)(i)(c) shall apply to a patent application that is
filed for the first time after the enforcement of this Law.
Article 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 to a patent application which is made under the previousprovisions at the time when the law enters into force.  This provision shall not apply, however, incases that fall under any of the following subparagraphs.
(i) where an opposition to a patent is made, Article 136(9) as applied mutatis mutandis  under
amended Article 77(3) shall apply.
(ii) where a patent application or patent right is deemed to have retroactive effect, amended
Article 81 bis shall apply.
(iii) where a trial to invalidate a patent is requested, amended Article 133 bis(1), (2), amended
Articles 136(3) to (5), (7) to (11), 139(3), 140(1), (5) and 136(1) as applied mutatis
mutandis  under amended Article 133 bis(3) shall apply.IP/N/1/KOR/P/3
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(iv) where a trial against ruling of refusal of patent application is requested, the exception
proviso of amended Article 140 bis(1) and (3) shall apply.
(v) where individual claims of a patent application with two or more claims are abandoned,
amended Article 215 bis shall apply.
 
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