법령, 판례 등 모든 법령정보를 한 번에 검색 OK !
ENFORCEMENT DECREE OF THE PATENT ACT
[Enforcement Date 23. Jun, 2021.] [Presidential Decree No.31813, 22. Jun, 2021.,
Partial Amendment]
특허청 (특허제도과)042-481-5399
법제처 국가법령정보센터
www.law.go.kr
2023.03.06
법제처                                                            1                                                       국가법령정보센터
「ENFORCEMENT DECREE OF THE PATENT ACT」 
ENFORCEMENT DECREE OF THE PATENT ACT 
[Enforcement Date 23. Jun, 2021.] [Presidential Decree No.31813, 22. Jun, 2021., Partial Amendment] 
특허청 (특허제도과) 042-481-5399 
특허청 (특허심사총괄과) 042-481-5395 
 
            CHAPTER I GENERAL PROVISIONS AND PATENT APPLICATION
 
Article 1 (Purpose) The purpose of this Decree is to provide for matters mandated by the Patent Act and
those necessary for its enforcement. <Amended on Jan. 31, 2005>
[This Article Wholly Amended on Jun. 27, 2001]
 
Article 1-2 Deleted. <Jun. 28, 2013>
 
Article 2 (Deposit of Micro-Organisms) (1) A person who intends to file a patent application for an
invention related to a micro-organism shall deposit the micro-organism with either of the following
authorities, prior to filing the patent application, in the manner prescribed and publicly notified by the
Commissioner of the Korean Intellectual Property Office: Provided, That a micro-organism needs not be
deposited, if any person who has ordinary skill in the relevant technical field to which the invention belongs
can easily obtain such micro-organism: <Amended on Dec. 30, 2014; May 29, 2017; Jul. 14, 2020>
1. An authority registered under Article 58 (2) of the Patent Act (hereinafter referred to as the "Act") as an
agency specializing in the storage and distribution of deposited micro-organisms (hereinafter referred to as 
"domestic depository authority"); 
2. An authority that has acquired the status as an international depository authority under Article 7 of the
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of 
Patent Procedure (hereinafter referred to as "international depository authority"); 
3. An authority designated as an institution specializing in the deposit and distribution of micro-organisms in
a country that meets all the following requirements (hereinafter referred to as "designated depository 
authority"): 
(a) It shall not be a party to the Budapest Treaty on the International Recognition of the Deposit of 
Microorganisms for the Purposes of Patent Procedure; 
(b) The Commissioner of the Intellectual Property Office of the relevant country shall have agreed with the 
Commissioner of the Korean Intellectual Property Office to recognize the procedures on the same terms 
and conditions as those of the Republic of Korea regarding the deposit of micro-organisms for the 
purposes of patent procedure to a national of the Republic of Korea. 법제처                                                            2                                                       국가법령정보센터
「ENFORCEMENT DECREE OF THE PATENT ACT」 
(2) A person who has deposited a micro-organism in accordance with paragraph (1) shall state the fact in the
patent application in the manner prescribed by Ordinance of the Ministry of Trade, Industry and Energy and
shall attach the document evidencing the deposit of the micro-organism (referring to a copy of the latest
receipt issued under Rule 7 of the Regulations under the Budapest Treaty on the International Recognition of
the Deposit of Microorganisms for the Purposes of Patent Procedure, if the micro-organism has been
deposited in an international depository authority). <Newly Inserted on Dec. 30, 2014>
(3) When a new deposit number is given with respect to a micro-organism deposited under paragraph (1)
after a patent application is filed, the patent applicant or patentee shall report the fact to the Commissioner
of the Korean Intellectual Property Office without delay. <Amended on Dec. 31, 1993; Dec. 30, 2014>
 
Article 3 (Matters to Be Entered in Patent Specifications of Invention Related to Micro-
Organisms) A person who intends to file a patent application for an invention related to a micro-organism
shall enter the deposit number given by a domestic, international, or designated depository authority in the
specification defined in Article 42 (2) of the Act (referring to the specification initially attached to the patent
application), if the person has deposited the micro-organism in accordance with the main clause of Article 2
(1), or the method by which the person has acquired the micro-organism, if he or she has not deposited
such micro-organism in accordance with the proviso of Article 2 (1). <Amended on Jun. 28, 2013; Dec. 30,
2014; Jul. 14, 2020>
[This Article Wholly Amended on Jun. 26, 2009]
 
Article 4 (Distribution of Micro-Organisms) (1) In any of the following cases, a person who intends to
practice an invention related to a micro-organism deposited under Article 2 for the purpose of testing or
research may have such micro-organism distributed by a domestic, international, or designated depository
authority, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Jun. 26,
1997; Jun. 13, 2003; Jun. 28, 2007; Jun. 26, 2009; Dec. 30, 2014; Jul. 14, 2020>
1. Where a patent application for the invention related to the micro-organism has been published or the
grant of a patent for such invention has been registered; 
2. Where the micro-organism is necessary for establishing a written opinion under Article 63 (1) of the Act
(including cases to which the provisions shall apply mutatis mutandis pursuant to Article 170 (2) of the 
Act). 
(2) A person who requested a domestic, international, or designated depository authority to distribute a
micro-organism and has been authorized by the person who deposited the micro-organism under Article 2
to have the micro-organism distributed may receive the distributed micro-organism. <Newly Inserted on Dec.
30, 2014; Jul. 14, 2020>법제처                                                            3                                                       국가법령정보센터
「ENFORCEMENT DECREE OF THE PATENT ACT」 
(3) A person who receives a micro-organism distributed under paragraphs (1) and (2) shall not allow another
person to use the micro-organism. <Amended on Dec. 30, 2014>
[This Article Wholly Amended on Dec. 30, 2014]
 
Article 5 (Methods of Describing Patent Claims) (1) When the scope of claims under Article 42 (8) of
the Act (hereinafter referred to as "claims") are stated, such claims shall be stated in the form of independent
claims (hereinafter referred to as "independent claims"), but dependent claims may be added to limit or
additionally specify such independent claims (hereinafter referred to as "dependent claims"). If it is necessary
in such cases, other dependent claims may be added to limit or additionally specify such dependent claims.
<Amended on Sep. 28, 2006; Jun. 28, 2007; Dec. 30, 2014>
(2) The number of claims shall be reasonable to the nature of the relevant invention. <Amended on Jun. 13,
2003>
(3) Deleted. <Jun. 30, 1999>
(4) A claim that refers to another claim shall state the number of the claims being referred to. <Amended on
Jun. 28, 2013>
(5) A claim that refers to not less than two claims shall mention alternatively the numbers of the claims being
referred to. <Amended on Jun. 13, 2003>
(6) A claim which refer to two or more claims should not refer to any other multiple dependent claims. The
same shall apply where in a claim that quotes two or more claims, the quoted claim quotes one claim,
resulting in re-quoting two or more claims after quoting one claim. <Amended on Sep. 28, 2006>
(7) The quoted claim shall be entered ahead of the claim quoting the claim. <Amended on Jun. 13, 2003>
(8) Each claim shall be entered on a new line, and serial numbers in the Arabic figure shall be given in the
order of the entries.
[This Article Wholly Amended on Dec. 30, 2014]
 
Article 6 (Requirements for Single Patent Application for Group of Inventions) A single patent
application for a group of inventions as prescribed in the proviso of Article 45 (1) of the Act shall meet the
following requirements:
1. The inventions described in the application shall be technologically correlated;
2. The inventions described in the application shall have the same or corresponding technological features. In
such case, the technological features shall be those improved than the prior art in light of the invention at 
large. 
[This Article Wholly Amended on Jun. 13, 2003]법제처                                                            4                                                       국가법령정보센터
「ENFORCEMENT DECREE OF THE PATENT ACT」 
Article 7 (Invention Subject to Application for Registration of Extension of Term of Patent
Right by Permission) "Invention prescribed by Presidential Decree" in Article 89 (1) of the Act means any
of the following inventions: <Amended on Jun. 3, 1996; Jun. 23, 2000; Jan. 31, 2005; Jun. 28, 2007; Sep. 30,
2008; Dec. 2, 2011; Apr. 3, 2013; Jul. 14, 2020>
1. Invention of a medicine for which permission by item has been granted pursuant to Article 31 (2), (3) or 42
(1) of the Pharmaceutical Affairs Act to practice a patented invention [limited to a medicine for which 
permission by item has been granted first, among medicines manufactured with a new substance (referring 
to a substance whose chemical structure in the activated part having medicinal effects is new; the same 
shall apply hereafter in this Article) as an effective ingredient] or narcotic drugs or psychotropic substances 
for which permission by item has been granted pursuant to Article 18 (2) or 21 (2) of the Narcotics Control 
Act (limited to narcotic drugs or psychotropic substances for which permission by item has been granted 
first among those manufactured with a new substance as an effective ingredient); 
2. Invention of an agricultural chemical or raw material registered pursuant to Article 8 (1), 16 (1), or 17 (1) of
the Pesticide Control Act to practice a patented invention (limited to an agricultural chemical or raw 
material registered first, among agricultural chemicals and raw materials manufactured with a new 
substance as an effective ingredient). 
(2) With respect to an invention referred to in the subparagraphs of paragraph (1), the calculation of the
period during which the patented invention cannot be practiced under Article 89 (1) of the Act and other
detailed matters concerning the examination of applications for registration of the extension of the term of a
patent right shall be determined and publicly notified by the Commissioner of the Korean Intellectual
Property Office. <Newly Inserted on Jul. 14, 2020>
[This Article Wholly Amended on Dec. 14, 2020]
 
Article 7-2 (Period Delayed Due to Applicants) (1) "Period delayed due to an applicant" in Article 92-2
(3) of the Act means any of the following periods: <Amended on Mar. 23, 2013; Dec. 30, 2014; Aug. 19, 2015;
Jul. 14, 2020>
1. Any of the following periods in relation to ongoing procedures concerning a patent in the Korean
Intellectual Property Office or the Korean Intellectual Property Trial and Appeal Board: 
(a) Where the Commissioner of the Korean Intellectual Property Office or the presiding administrative 
patent judge orders an agent to follow procedures concerning a patent or orders the replacement of an 
agent under Article 10 of the Act, the period from the date when such order is given until the date 
when an agent is appointed or replaced; 법제처                                                            5                                                       국가법령정보센터
「ENFORCEMENT DECREE OF THE PATENT ACT」 
(b) Where the period of request for trial or a period for a patent-related procedures, upon request from 
applicants, is extended pursuant to Article 15 (1) or (2) of the Act, the extended period (when the period 
for a patent-related procedures is reduced, upon request from applicants under Article 15 (2) of the Act, 
after such period is extended, the period reduced shall be excluded); 
(c) Where a date for initiating patent-related procedures under Article 15 (3) of the Act is fixed and then 
such date is delayed, upon request from applicants, the period from the day after the fixed date until 
the changed one; 
(d) Where procedures concerning a patent are supplemented later after a cause not imputable to a person 
who initiated a patent-related procedure ceases to exist under the main clause of Article 17 of the Act, 
the period from the date when such cause ceases to exist until the date when such procedures are 
supplemented; 
(e) Where procedures concerning a patent are suspended or stopped pursuant to Articles 20, 23 (2), 78 (1) 
or 164 (1) of the Act, the period during which such procedures concerning a patent are suspended or 
stopped; 
(f) Where the Commissioner of the Korean Intellectual Property Office orders applicants to report the 
results of the consultation within a designated period pursuant to Article 36 (6) of the Act, such period 
(when a period is reduced, upon request from applicants, pursuant to Article 15 (2) of the Act, the 
reduced period shall be excluded); 
(g) Where a specification is amended so as to state the claims within the period specified in the proviso of 
Article 42-2 (2) of the Act, the period from the date when the intent to request the examination of the 
relevant application is notified until the date when such specification is amended; 
(h) Where a document correcting any error in the final Korean translation under Article 42-3 (6) of the Act 
(hereafter in this item referred to as "document correcting mistranslation") is submitted later than the 
date eight months have passed from the date of filing a request for the examination of the application, 
the period from the date following the eight-month period to the date the document correcting 
mistranslation is finally submitted; 
(i) Where the Commissioner of the Korean Intellectual Property Office, the President of the Korean 
Intellectual Property Trial and Appeal Board or the presiding administrative patent judge orders 
amendment, fixing a period, pursuant to Articles 46, 141 (1) or 203 (3) of the Act, such period (when a 
period is reduced, upon request from applicants, pursuant to Article 15 (2) of the Act, the reduced 
period shall be excluded); 
(j) Where a claim for a priority right is withdrawn or deemed withdrawn pursuant to Article 56 of the Act, 
with respect to an earlier application which has become the basis of a claim for a priority right under 법제처                                                            6                                                       국가법령정보센터
「ENFORCEMENT DECREE OF THE PATENT ACT」 
Article 55 (1) of the Act, the period from the date when a claim for a priority right concerning the 
relevant earlier application is made until the date when such claim for priority right is withdrawn or 
deemed withdrawn; 
(k) Where the determination of an accelerated examination pursuant to Article 10 of the Act is delayed due 
to an applicant, with respect to an accelerated examination under Article 61 of the Act, the delayed 
period; 
(l) Where an examiner (referring to an examiner under Article 143 of the Act, when the provisions of Article 
63 of the Act are applied mutatis mutandis pursuant to Article 170 of the Act; hereinafter the same shall 
apply in this item) notifies an applicant of the grounds for rejection of a patent application and provides 
the applicant an opportunity to present his or her written opinions within a fixed period pursuant to the 
main clause of Article 63 (1) of the Act, such period [Provided, That this shall not apply to cases where 
an examiner notifies an applicant of grounds for rejection and renders a decision to grant a patent 
(including cases where the provisions of Article 66 of the Act are applied mutatis mutandis under Article 
170 of the Act and a decision is made to grant a patent) pursuant to Article 66 of the Act without 
making amendment to drawings or specifications concerning notification of grounds for rejection, the 
period (when the period for submission of written opinions is reduced, upon request from applicants 
pursuant to Article 15 (2) of the Act, the reduced period shall be excluded)]; 
(m) Where an applicant pays patent fees (including cases where he or she pays additional patent fees 
under Article 81 (1) of the Act, the remaining portion of the patent fees under Article 81-2 (2) of the 
Act, or the patent fees or the remaining portion thereof under Article 81-3 (1) of the Act) pursuant to 
Article 79 (1) of the Act or is exempt from patent fees by submitting documents prescribed by 
Ordinance of the Ministry of Trade, Industry and Energy to the Commissioner of the Korean Intellectual 
Property Office pursuant to Article 83 (3) of the Act after he or she receives a certified copy of a 
decision on a patent application under Article 67 (2) of the Act, the period from the date when he or 
she receives such copy until the date when the establishment of a patent right is registered pursuant to 
Article 87 of the Act; 
(n) Where a re-examination is requested under the main clause of Article 67-2 (1) of the Act, the period 
from the date when a certified copy on rejection of a patent application under Article 67 (2) of the Act 
is delivered until the date when a re-examination is requested; 
(o) Where an examination or a reexamination of the relevant application is requested after a cause not 
imputable to the patent applicant ceases to exist pursuant to Article 67-3 (1) of the Act, the period from 
the date when such cause ceases to exist until the date when the examination or reexamination is 
requested; 법제처                                                            7                                                       국가법령정보센터
「ENFORCEMENT DECREE OF THE PATENT ACT」 
(p) Where a request for exclusion or challenge under Article 149 or 150 of the Act is not accepted in 
accordance with a decision made pursuant to Article 152 (1) of the Act, the period during which trial 
proceedings are suspended under the main clause of Article 153 of the Act; 
(q) Where it is deemed that the examination or preservation of evidence is unnecessary, upon request from 
applicants for such examination or preservation pursuant to Article 157 of the Act, the period from the 
date when such request is made until the date when it is deemed that such examination or preservation 
is unnecessary; 
(r) Where an examination is resumed, upon request from applicants, after notification of the closure of the 
trial examination pursuant to Article 162 (4) of the Act, the period from the date when such examination 
is resumed until the date when the closure of the trial examination is notified again pursuant to Article 
162 (3) of the Act; 
(s) Where any one requests a retrial under Article 178 of the Act after he or she becomes aware of grounds 
for retrial, the period from the date when he or she becomes aware of such grounds until the date 
when a retrial is requested; 
(t) Where the presiding administrative patent judge determines an additional period pursuant to Article 186 
(5) of the Act, the relevant period; 
(u) Where service of documents or service by public announcement under Article 218 or 219 of the Act is 
delayed due to an applicant (including cases where such service is delayed because a person to be 
served changes his or her place to be served under Article 18 (10) and fails to report it to the 
Commissioner of the Korean Intellectual Property Office), the period during which such service is 
delayed; 
(v) Where any of the following documents or writings is not submitted by the date eight months have 
passed from the date of filing a request for the examination of the application, the period from the date 
following the eight-month period to the date when such document, etc. are submitted: 
(i) A document evidencing the deposit of a micro-organism under Article 2 (2), where a patent application 
is filed regarding an invention related to the micro-organism; 
(ii) Relevant evidentiary documents, where Article 30 (1) 1 of the Act is intended to apply pursuant to 
paragraph (3) 1 of the same Article; 
(iii) Documents or writings under Article 54 (4) of the Act, where a claim of priority is filed under paragraph 
(3) of the same Article; 
2. Any of the following periods in litigation procedures concerning a trial decision, ruling or judgment under
Article 186 (1) or (8): 법제처                                                            8                                                       국가법령정보센터
「ENFORCEMENT DECREE OF THE PATENT ACT」 
(a) Where litigation procedures are suspended pursuant to Article 78 (2) or 164 (2) of the Act, the period 
during which the procedures are suspended; 
(b) Where a request for exclusion or challenge concerning a judge (including a technical examiner applied 
mutatis mutanis under Article 188-2 (1) of the Act and a court clerical official of Grade V applied mutatis 
mutanis under Article 50 of the Civil Procedure Act) under Articles 41 through 43 of the Civil Procedure 
Act is not accepted in accordance with a decision under Article 45 or 46 of the Civil Procedure Act, the 
period from the date when such request for exclusion or challenge is made until the date when a 
decision to reject such request is made or the period during which litigation procedures are suspended 
under the main clause of Article 48 of the Civil Procedure Act; 
(c) Where the court or the presiding judge orders correction, fixing a period, pursuant to Article 59 or 254 
(1) of the Civil Procedure Act, the relevant period; 
(d) Where a special representative is appointed pursuant to Article 62 of the Civil Procedure Act, the period 
from the date when such appointment is requested until the date when a special representative is 
appointed; 
(e) Where a pleading is resumed under Article 142 of the Civil Procedure Act due to an applicant, the 
period from the date when the resumption of a pleading is ordered until the date when the relevant 
pleading is completed; 
(f) Where the court prohibits an applicant or agent from making a statement and sets a new date for 
continuing pleadings under Article 144 (1) of the Civil Procedure Act, the period from the date when 
such applicant, etc. is prohibited from making a statement until the new date; 
(g) Where the court orders the appointment of a lawyer pursuant to Article 144 (2) of the Civil Procedure 
Act, the period from the date when such order is given until the date when a layer is appointed; 
(h) Where a date designated by the presiding judge pursuant to Article 165 (1) of the Civil Procedure Act is 
delayed due to remark able grounds, such as the request of an applicant, the period from the day after 
a designated date until the changed date; 
(i) Where the court extends a statutory period or a period fixed by the court, upon request from an 
applicant, under Article 172 of the Civil Procedure Act or fixes an additional period, with regard to the 
invariable period, such extended period or additional period; 
(j) Where any cause not attributable to a party is extinguished and procedural acts are subsequently 
completed under Article 173 of the Civil Procedure Act, the period from the date when such cause is 
extinguished until the date when procedural acts are subsequently completed; 
(k) Where the delivery of documents or service by public notice under Article 178, 186 through 188, or 194 
of the Civil Procedure Act is delayed due to an applicant, the period during which such delivery is 법제처                                                            9                                                       국가법령정보센터
「ENFORCEMENT DECREE OF THE PATENT ACT」 
delayed; 
(l) Where litigation procedures are suspended pursuant to Articles 233 through 237, 239, 240, or 246 of the 
Civil Procedure Act, the period during which litigation procedures are suspended; 
(m) Where an applicant has failed to appear on the date for pleading, or failed to plead even if he or she 
has appeared and the presiding judge fixes another date for pleading pursuant to Article 268 (1) of the 
Civil Procedure Act, the period from the day after the date for pleading until the newly fixed date; 
(n) Where evidence is deemed unnecessary, with respect to an application for the examination of evidence 
pursuant to Article 289 of the Civil Procedure Act, the period from the date when such application is 
filed until the date when evidence is deemed unnecessary; 
(o) Where a petition for a retrial under Article 451 of the Civil Procedure Act is filed after the relevant party 
becomes aware of grounds for a retrial, the period from the date when he or she becomes aware of 
such grounds until a petition for a retrial is filed; 
3. Any of the following periods in procedures for administrative appeal or administrative litigation concerning
objection to a ruling under Article 224-2 (2) of the Act: 
(a) Where a request for exclusion or challenge under Article 10 of the Administrative Appeals Act is 
rejected or dismissed in accordance with a decision under Article 12 of the Enforcement Decree of the 
same Act, the period during which administrative procedures are suspended pursuant to Article 13 of 
the same Decree; 
(b) Where an administrative appeal is filed after force majeure, such as natural disasters, wars or incidents, 
is extinguished under Article 27 (2) of the Administrative Appeals Act, the period from the date when 
such grounds are extinguished until the date when an administrative appeal is filed; 
(c) Where the Central Administrative Appeals Commission (hereinafter referred to as the "Commission") 
requests correction by fixing a period under the main clause of Article 32 (1) of the Administrative 
Appeals Act, the relevant period; 
(d) Where the Commission fixes a deadline for written supplement pursuant to Article 33 (2) of the 
Administrative Appeals Act, the period from the date when such deadline is fixed until the date when a 
written supplement is submitted; 
(e) Where a date for deliberation designated by the Commission under Article 38 of the Administrative 
Appeals Act is delayed, upon request from applicants, the period from the day following the designated 
date for deliberation until the changed date for deliberation; 
(f) Where the provisions of the Civil Procedure Act concerning delivery are applied mutatis mutandis under 
Article 57 of the Administrative Appeals Act, the period falling under subparagraph 2 (k); 법제처                                                            10                                                       국가법령정보센
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「ENFORCEMENT DECREE OF THE PATENT ACT」 
(g) Where the provisions of the Civil Procedure Act are applied mutatis mutandis under Article 8 (2) of the 
Administrative Appeals Act, the period falling under any of the items of subparagraph 2; 
4. The period prescribed by Ordinance of the Ministry of Trade, Industry and Energy, which is delayed due to
an applicant in relation to the procedures concerning a patent pending before the Korean Intellectual 
Property Office or the Korean Intellectual Property Trial and Appeal Board, litigation procedures concerning 
a trial decision, ruling or judgment under Article 186 (1) or (8) of the Act or procedures for administrative 
appeal or administrative litigation concerning objection to a ruling under Article 224-2 (2) of the Act. 
(2) Where there exists an objective ground which is not attributable to an applicant, among grounds for
delaying registration of establishment of a patent right under Article 92-2 (1) of the Act, the relevant period
shall be excluded from a period under paragraph (1), not with standing the provisions of paragraph (1).
[This Article Newly Inserted on Dec. 2, 2011]
 
            CHAPTER II EXAMINATION AND TRIAL
 
Article 8 (Qualification for Examiners) (1) To be qualified for an examiner, a person shall be any of the
following public officials who work for the Korean Intellectual Property Office or any of its affiliated agencies
and have completed the specified training course conducted for examiners by the International Intellectual
Property Training Institute: Provided, That a person eligible to be appointed as an examiner, which is
designated as an open position pursuant to Article 28-4 (1) of the State Public Officials Act, shall meet the
requirements for performing duties specified in paragraph (2) of the same Article, while a person eligible to
be appointed as an examiner, which is designated as a position publicly offered pursuant to Article 28-5 (1)
of the same Act, shall meet the requirements for performing duties specified in paragraph (2) of the same
Article: <Amended on Dec. 30, 2009; Apr. 3, 2013; Nov. 20, 2013; Dec. 30, 2014; Aug. 19, 2015>
1. A public official in general service as a member of the Senior Executive Service;
2. A Grade V or higher-ranking state public official in general service;
3. A specialized fixed-term public official who satisfies the qualification criteria for Grade A or B specified in
attached Table 4-2 of the Decree on the Appointment of Public Officials; 
4. A Grade VI state public official in general service (limited to the persons who satisfy the qualification
criteria for specialized fixed-term Grade A or B public officials specified in attached Table 4-2 of the Decree 
on the Appointment of Public Officials). 
(2) A person eligible to become an administrative patent judge shall be a person falling under any of the
following subparagraphs from among Grade-IV or higher-ranking state public officials in general service or
public officials in general service as members of the Senior Executive Service, who work for the Korean법제처                                                            11                                                       국가법령정보센
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「ENFORCEMENT DECREE OF THE PATENT ACT」 
Intellectual Property Office or any of its affiliated agencies and who have completed the specified education
and training course for administrative patent judges provided by the International Intellectual Property
Training Institute: Provided, That a person eligible to be appointed as an administrative patent judge, which
is designated as a position open to the private sector pursuant to Article 28-4 (1) of the State Public Officials
Act, shall meet the requirements for performing duties specified in paragraph (2) of the same Article, while a
person eligible to be appointed as an administrative patent judge, which is designated as a position publicly
offered pursuant to Article 28-5 (1) of the same Act, shall meet the requirements for performing duties
specified in paragraph (2) of the same Article: <Amended on Jun. 30, 1999; Jan. 31, 2005; Jun. 12, 2006; Sep.
28, 2006; Apr. 3, 2013>
1. A person who has served as an examiner at the Korean Intellectual Property Office for two or more years;
2. Deleted; <Sep. 28, 2006>
3. A person who has served for two or more years in total as an examiner at the Korean Intellectual Property
Office, as a Grade-V or higher-ranking state public official in general service or a public official in general 
service as a member of the Senior Executive Service, while being engaged directly in trials at the Korean 
Intellectual Property Trial and Appeal Board, and as a technical examiner in the Patent Court. 
(3) A person eligible to become a presiding administrative patent judge shall be a person falling under any of
the following subparagraphs from among Grade-IV or higher-ranking state public officials in general service
or public officials in general service as members of the Senior Executive Service, who work for the Korean
Intellectual Property Office or any of its affiliated agencies: Provided, That a person eligible to be appointed
as a presiding administrative patent judge, which is designated as a position open to the private sector
pursuant to Article 28-4 (1) of the State Public Officials Act, shall meet the requirements for performing
duties specified in paragraph (2) of the same Article, while a person eligible to be appointed as a presiding
administrative patent judge, which is designated as a position publicly offered to the private sector pursuant
to Article 28-5 (1) of the same Act, shall meet the requirements for performing duties specified in paragraph
(2) of the same Article: <Amended on Feb. 28, 2000; Jan. 31, 2005; Jun. 12, 2006; Sep. 28, 2006; Apr. 3, 2013;
Jul. 14, 2020>
1. A person who has served as an administrative patent judge at the Korean Intellectual Property Trial and
Appeal Board for two or more years; 
2. A person who is qualified as an administrative patent judge under paragraph (2) and has worked for the
Korean Intellectual Property Office or any of its affiliated agencies for three or more years while being 
engaged in examinations or trials. 법제처                                                            12                                                       국가법령정보센
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「ENFORCEMENT DECREE OF THE PATENT ACT」 
(4) A person eligible to become the President of the Korean Intellectual Property Trial and Appeal Board shall
be qualified as an administrative patent judge. <Amended on Apr. 3, 2013>
(5) Notwithstanding paragraphs (1) through (4), a public official who falls under a class that qualifies him or
her as an examiner, administrative patent judge, presiding administrative patent judge, or President of the
Korean Intellectual Property Trial and Appeal Board under paragraphs (1) through (4) (including a public
official in general service in the Senior Executive Service and a specialized fixed-term public official referred
to in paragraph (1) 3) and who is qualified as a patent attorney may be appointed as an examiner,
administrative patent judge, presiding administrative patent judge, or President of the Korean Intellectual
Property Trial and Appeal Board, respectively: Provided, That a specialized fixed-term public official referred
to in paragraph (1) 3 and a Grade VI state public official in general service referred to in paragraph (1) 4 shall
be eligible to become an examiner only.<Amended on Dec. 30, 2009; Apr. 3, 2013; Nov. 20, 2013; Dec. 30,
2014>
(6) Matters necessary for training of examiners and administrative patent judges under paragraphs (1) and (2)
shall be determined by the Commissioner of the Korean Intellectual Property Office.
[This Article Wholly Amended on Jun. 26, 1997]
[This Article Wholly Amended on Dec. 30, 2014]
 
Article 8-2 (Criteria for Registering Agencies Specializing in Search for Prior Art) (1) Pursuant to
Article 58 (2) of the Act, the Commissioner of the Korean Intellectual Property Office shall register a
corporation that meets all the following requirements as a specialized agency in charge of search for prior art
and issuance of patent classification codes under Article 58 (1) of the Act (hereinafter referred to as
"specialized agency for search and classification"): Provided, That the foregoing shall not apply to a
corporation, if its registration as a specialized agency for search and classification was revoked under Article
58-2 (1) 1 of the Act or any executive officer of the corporation worked for any other corporation whose
registration as a specialized agency for search and classification was revoked and if two years have not
passed since the registration was revoked: <Amended on Sep. 28, 2006; Feb. 22, 2011; Dec. 30, 2014; Jan. 10,
2017; May 29, 2017>
1. The corporation shall secure the literature and equipment necessary to provide the services specified in
Article 8-3 (1); 
2. The corporation shall secure human resources and organizations exclusively dedicated to the services
specified in Article 8-3 (1); 
3. Any executive officer or employee of the corporation shall not be a person who concurrently works as an
executive officer or employee of any other firm that is engaged in the business specified in Article 2 of the 법제처                                                            13                                                       국가법령정보센
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Patent Attorney Act or a patent attorney registered under Article 5 of the same Act (excluding patent 
attorneys who suspend their business operations after reporting the suspension of business operations 
under Article 6-2 (2) of the same Act); 
4. The corporation shall have a security system for the executive officers, employees, facilities, and equipment
involved in the services specified in Article 8-3 (1). 
(2) If a specialized agency for search and classification performs any service other than the services specified
in Article 8-3 (1), it shall ensure that performing such service does not make the services specified in the said
provisions biased. <Amended on Dec. 30, 2014>
(3) A person who intends to be registered as a specialized agency for search and classification shall file an
application for the registration of a specialized agency for search and classification with the Commissioner of
the Korean Intellectual Property Office in the form prescribed by Ordinance of the Ministry of Trade, Industry
and Energy. <Amended on May 29, 2017>
(4) Detailed standards for securing the literature, equipment, human resources, and organizations, specific
standards for the security system, and other matters necessary for the registration and operation of
specialized agencies for search and classification under paragraph (1) shall be prescribed and publicly notified
by the Commissioner of the Korean Intellectual Property Office. <Newly Inserted on Jan. 31, 2005; Sep. 28,
2006; Dec. 30, 2014; May 29, 2017>
[This Article Newly Inserted on Oct. 27, 2009]
[Title Amended on Dec. 30, 2014; May 29, 2017]
 
Article 8-3 (Commissioning of Search for Prior Art) (1) Pursuant to Article 58 (1) of the Act, the
Commissioner of the Korean Intellectual Property Office may commission a specialized agency for search and
classification to provide the following services: <Amended on Dec. 30, 2014>
1. Search for prior art;
2. Issuance of patent classification codes;
3. Other services that the Commissioner of the Korean Intellectual Property Office deems necessary for the
examination of patent applications. 
(2) The head of the specialized agency for search and classification commissioned by the Commissioner of
the Korean Intellectual Property Office to provide any of the services under paragraph (1) shall promptly
notify the Commissioner of the Korean Intellectual Property Office of the results of the service performed by
it. <Amended on Sep. 28, 2006; Dec. 30, 2014>
(3) If the Commissioner of the Korean Intellectual Property Office finds it necessary to perform additional
search or any other service with regard to the results of services notified under paragraph (2), he or she may법제처                                                            14                                                       국가법령정보센
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re-commission the head of the relevant specialized agency for search and classification to perform relevant
services within the scope of search, etc. specified by him or her.<Amended on Dec. 30, 2014>
(4) Paragraph (2) shall apply mutatis mutandis to the re-commissioning under paragraph (3). <Amended on
Jun. 26, 2009>
[This Article Newly Inserted on Oct. 27, 2009]
[This Article Wholly Amended on Dec. 30, 2014]
 
Article 8-4 (Criteria for Registration of Agencies Specializing in Storage and Distribution of
Deposited Micro-Organisms) (1) Pursuant to Article 58 (2) of the Act, the Commissioner of the Korean
Intellectual Property Office shall register an institution or organization (hereinafter referred to as "institution,
etc.") that meets all the following requirements as a specialized agency for the storage and distribution of
deposited micro-organisms: Provided, That the foregoing shall not apply to an institution, etc., if its
registration as a specialized agency for the storage and distribution of deposited micro-organisms was
revoked under Article 58-2 (1) 1 of the Act or any executive officer of the institution, etc. worked for any
other institution whose registration as a specialized agency for the storage and distribution of deposited
micro-organisms was revoked and if two years have not passed since the registration was revoked:
<Amended on May 29, 2017>
1. The institution, etc. shall be equipped with human resources and facilities necessary for preserving and
safekeeping micro-organisms; 
2. The institution, etc. shall establish plans to perform services related to the storage and distribution of
deposited micro-organisms; 
3. The institution, etc. shall have a security system for maintaining confidential information about micro-
organisms. 
(2) A person who intends to be registered as a specialized agency for the storage and distribution of
deposited micro-organisms shall file an application for the registration of a specialized agency for the
storage and distribution of deposited micro-organisms with the Commissioner of the Korean Intellectual
Property Office in the form prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
<Amended on May 29, 2017>
(3) Specific standards for human resources, facilities, business performance plans, and security systems and
other matters necessary for the registration and operation of specialized agencies for the storage and
distribution of deposited micro-organisms under paragraph (1) shall be prescribed and publicly notified by
the Commissioner of the Korean Intellectual Property Office. <Amended on May 29, 2017>법제처                                                            15                                                       국가법령정보센
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[This Article Newly Inserted on Dec. 30, 2014]
[Title Amended on May. 29, 2017]
 
Article 8-5 (Management and Evaluation of Affairs of Specialized Agencies) (1) "Dedicated agency
prescribed by Presidential Decree" in Article 58 (3) of the Act means an agency or organization recognized by
the Commissioner of the Korean Intellectual Property Office as being equipped with specialized personnel,
dedicated organization, and security system necessary for managing and evaluating the affairs of a
specialized agency under paragraph (2) of the same Article.
(2) Details necessary for operating a dedicated agency, such as the specific standards for the specialized
personnel, dedicated organization, and security system prescribed in paragraph (1) and the scope of affairs
performed by the dedicated agency, shall be determined and publicly notified by the Commissioner of the
Korean Intellectual Property Office.
[This Article Newly Inserted on Jul. 17, 2018]
 
Article 9 (Cases Eligible for Expedited Examination) "Patent application specified by Presidential
Decree" in subparagraph 2 of Article 61 of the Act means a patent application designated by the
Commissioner of the Korean Intellectual Property Office, among the following patent applications: <Amended
on Jun. 23, 2000; Jun. 27, 2001; Jan. 31, 2005; Sep. 28, 2006; Jun. 28, 2007; Jun. 29, 2007; Sep. 30, 2008; Jun.
26, 2009; Jun. 28, 2013; Dec. 30, 2014; Aug. 19, 2015; Jan. 10, 2017; Apr. 24, 2018; Jul. 9, 2019; Jun. 22, 2021>
1. A patent application in the area of the defense industry;
2. A patent application directly related to green technology [referring to technology that minimizes emissions
of greenhouse gases and pollutants by saving energy and resources and making use of them efficiently 
throughout the whole process of social and economic activities, such as technologies related to reducing 
greenhouse gas emissions, raising the efficiency of energy utilization, pollution-free production, clean 
energy, recycling resources, and eco-friendliness (including related convergence technology)]; 
2-2. A patent application utilizing technologies related to the fourth industrial revolution such as artificial
intelligence (AI) and the Internet of Things (IoT); 
3. A patent application directly related to export promotion;
4. A patent application concerning the official duties of the State or local governments (including any patent
application concerning the duties of the national and public schools provided for in the Higher Education 
Act, which is filed by the organization in charge of the technology transfer and industrialization established 
within the national and public schools pursuant to Article 11 (1) of the Technology Transfer and 
Commercialization Promotion Act); 법제처                                                            16                                                       국가법령정보센
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5. A patent application filed by an enterprise confirmed as a venture business under Article 25 of the Act on
Special Measures for the Promotion of Venture Businesses; 
5-2. A patent application filed by an enterprise selected as a technology-innovative small and medium
enterprise under Article 15 of the Act on the Promotion of Technology Innovation of Small and Medium 
Enterprises; 
5-3. A patent application filed by an enterprise selected as an exemplary company in terms of the employee
invention compensation system under Article 11-2 of the Invention Promotion Act; 
5-4. A patent application filed by a small or medium enterprise with the certification for management of
intellectual property under Article 24-2 of the Invention Promotion Act; 
6. A patent application concerning the results of national research and development programs under
subparagraph 1 of Article 2 of the National Research and Development Innovation Act; 
7. A patent application which serves as a basis of a priority claim under treaties (limited to cases where a
patent is being processed by a foreign patent office, upon a priority claim based on the relevant patent 
application); 
7-2. An international patent application on which the Korean Intellectual Property Office conducts
international search, as an international search agency under the Patent Cooperation Treaty pursuant to 
Article 198-2 of the Act; 
8. A patent application under which an invention is being practiced or being prepared to be practiced by the
patent applicant; 
9. Deleted; <Jul. 9, 2019>
10. A patent application on which the Commissioner of the Korean Intellectual Property Office has agreed
with the commissioner of any foreign patent office to preferentially examine; 
11. A patent application regarding which a person who intends to file an application for an expedited
examination requested a specialized agency designated and publicly notified as a specialized agency for 
search and classification to conduct a search for prior art with respect to the invention pending in patent 
application and has requested the specialized agency to notify the Commissioner of the Korean Intellectual 
Property Office of the search results; 
12. A patent application filed by any of the following persons:
(a) A person aged 65 years or older; 
(b) A person whose health problem is likely to incapacitate him or her from following the procedure 
relating to a patent until a decision is rendered as to whether to grant a patent or to reject a patent 
application unless he or she undergoes an expedited examination. 법제처                                                            17                                                       국가법령정보센
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(2) "Patent application prescribed by Presidential Decree" in subparagraph 3 of Article 61 of the Act means
any of the following patent applications: <Amended on Jun. 22, 2021>
1. Any of the following patent applications determined and publicly notified by the Commissioner of the
Korean Intellectual Property Office: 
(a) A patent application directly related to goods for medical treatment and disease control under 
subparagraph 21 of Article 2 of the Infectious Disease Control and Prevention Act; 
(b) A patent application directly related to disaster safety products certified under Article 73-4 of the 
Framework Act on the Management of Disasters and Safety; 
2. A patent application subject to public notice given by the Commissioner of the Korean Intellectual
Property Office for a specified period of applying for an accelerated examination to respond to an 
emergency situation caused by a disaster. 
[This Article Wholly Amended on Jun. 30, 1999]
 
Article 10 (Decision on Expedited Examination) (1) Any person who applies for an expedited
examination shall file with the Commissioner of the Korean Intellectual Property Office an application for an
expedited examination prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on
Mar. 6, 1993; Jun. 3, 1996; Jun. 30, 1999; Feb. 29, 2008; Mar. 23, 2013>
(2) The Commissioner of the Korean Intellectual Property Office shall, upon receipt of an application for an
expedited examination under paragraph (1), decide whether to conduct the expedited examination.
(3) Matters necessary for the decision on an expedited examination referred to in paragraph (2) shall be
determined by the Commissioner of the Korean Intellectual Property Office.
 
            CHAPTER III CONFIDENTIAL TREATMENT OF PATENT APPLICATION RELATED TO
NATIONAL DEFENSE
 
Article 11 (Classification Criteria of Patent Application Related to National Defense) The
Commissioner of the Korean Intellectual Property Office shall determine the classification criteria necessary
for selection of inventions to be treated as confidential under Article 41 (1) of the Act (hereinafter referred to
as "classification criteria") after consulting with the Commissioner of the Defense Acquisition Program
Administration. <Amended on Sep. 28, 2006>
 
Article 12 (Procedure for Confidential Treatment) (1) If a patent application filed by a person having a
domicile or business place in the Republic of Korea is conformed to the classification criteria as prescribed in
Article 11, the Commissioner of the Korean Intellectual Property Office shall refer the Commissioner of the법제처                                                            18                                                       국가법령정보센
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Defense Acquisition Program Administration to whether it is required to classify and treat such application as
confidential. <Amended on Sep. 28, 2006>
(2) Where the Commissioner of the Korean Intellectual Property Office has made a reference to the
Commissioner of the Defense Acquisition Program Administration under paragraph (1), he or she shall notify
an inventor, applicant and agent of the patent application, and a person who is deemed aware of the
invention (hereinafter referred to as "inventor, etc.") of such fact, and request them to maintain the
confidentiality thereof. <Amended on Sep. 28, 2006>
(3) The Commissioner of the Defense Acquisition Program Administration shall, upon receipt of a reference
under paragraph (1), make a reply within two months, and if it is deemed necessary to treat the patent
application as confidential, he or she shall request the Commissioner of the Korean Intellectual Property
Office to classify and treat such patent application as confidential. <Amended on Sep. 28, 2006>
(4) Upon receipt of a request to classify and treat any patent application as confidential under paragraph (3),
the Commissioner of the Korean Intellectual Property Office shall take necessary measures in conformity with
the confidential service rules, and order the inventor, etc. of the patent application to classify and treat it as
confidential, and if he or she is not requested so, he or she shall notify the inventor, etc. of the patent
application of a cancellation of the request for maintenance of confidentiality as referred to in paragraph (2).
<Amended on Jan. 31, 2005>
(5) Upon receipt of a reply of the Commissioner of the Defense Acquisition Program Administration under
paragraph (3), the Commissioner of the Korean Intellectual Property Office shall promptly issue an order to
classify and treat the patent application as confidential, or notify a cancellation of the request for
maintenance of confidentiality under paragraph (4). <Amended on Sep. 28, 2006>
 
Article 13 (Cancellation of Confidential Treatment) (1) With respect to a patent application which is
ordered to be classified and treated as confidential under Article 12 (4), the Commissioner of the Korean
Intellectual Property Office shall take necessary measures after consulting twice or more each year with the
Commissioner of the Defense Acquisition Program Administration on the cancellation of confidentiality,
extension of confidential maintenance period or whether to change the confidential level. <Amended on Sep.
28, 2006>
(2) An inventor, etc. who is ordered to classify and treat a patent application as confidential under Article 12
(4), may request the Commissioner of the Korean Intellectual Property Office to release it from confidential
treatment, to change the confidential level or to publish or license the invention to which a patent is applied,
in a specified limit.법제처                                                            19                                                       국가법령정보센
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Article 14 (Compensation) (1) A patent applicant may request to the Commissioner of the Defense
Acquisition Program Administration for a compensation for losses arising from the prohibition of a patent
application from being filed in a foreign country or by being treated as confidential(hereinafter referred to as
"compensation") under Article 41 (3) of the Act. <Amended on Jun. 27, 2001; Sep. 28, 2006>
(2) If a patent applicant requests a compensation under paragraph (1), he or she shall submit a written
request for compensation and documentary evidence proving the losses.
(3) Upon receipt of a request for compensation under paragraph (1) from a patent applicant, the
Commissioner of the Defense Acquisition Program Administration shall determine and pay the amount of
compensation, and if necessary, he or she may consult with the Commissioner of the Korean Intellectual
Property Office. <Amended on Sep. 28, 2006>
 
Article 15 (Prohibition of Patent Application from Being Filed in Foreign Country and
Permission Thereof) (1) If an invention for which a patent application is filed by a person having the
domicile or business office in the Republic of Korea, is demanded by the Commissioner of the Korean
Intellectual Property Office to be maintained as confidential under Article 12 (2), or is ordered to be classified
and treated as confidential under paragraph (4) of the same Article, such person may file a patent application
in any foreign country only when it is permitted by the Commissioner of the Korean Intellectual Property
Office.
(2) A person who intends to apply for permission to file a patent application in a foreign country shall submit
to the Commissioner of the Korean Intellectual Property Office a written application prescribed by Ordinance
of the Ministry of Trade, Industry and Energy. <Amended on Mar. 6, 1993; Jun. 3, 1996; Jun. 30, 1999; Feb.
29, 2008; Mar. 23, 2013>
 
Article 16 (Consultations with Commissioner of Defense Acquisition Program Administration)
If the Commissioner of the Korean Intellectual Property Office intends to grant permission under any of the
following subparagraphs, he or she shall first consult with the Commissioner of the Defense Acquisition
Program Administration: <Amended on Sep. 28, 2006>
1. Permission on a publication or license of an invention classified and treated as confidential under Article
13 (2) in a specified limit; 
2. Permission on a patent application in a foreign country under Article 15 (2).
[This Article Wholly Amended on Dec. 28, 2006]
 법제처                                                            20                                                       국가법령정보센
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            CHAPTER IV SUPPLEMENTARY PROVISIONS
 
Article 17 Deleted. <Jun. 28, 2007>
 
Article 18 (Service of Documents) (1) Except in cases where the documents to be served under the Act
are directly received by the party or his or her agent at the Korean Intellectual Property Office or the Korean
Intellectual Property Trial and Appeal Board or received by utilizing the information and communication
networks, such documents shall be sent by registered mail. <Amended on Dec. 31, 1993; Jun. 26, 1997; Jun.
27, 2001; Jun. 28, 2007>
(2) Where the Commissioner of the Korean Intellectual Property Office or the President of the Korean
Intellectual Property Trial and Appeal Board has served the documents pursuant to paragraph (1), he or she
shall keep a receipt or its details according to any of the following: <Amended on Jun. 27, 2001>
1. Where a party or his or her agent receives the documents directly at the Korean Intellectual Property
Office or the Korean Intellectual Property Trial and Appeal Board, the receipt specifying the date of receipt 
and the name of recipient; 
2. Where a party or his or her agent receives the documents by utilizing the information and communication
networks, the details written in a file for receipt saved on a computer system operated by the Korean 
Intellectual Property Office or the Korean Intellectual Property Trial and Appeal Board; 
3. Where the documents are sent by registered mail, the receipt of the registered mail.
(3) If the certified copies of an adjudication or decision of trial, review, ruling on the establishment of non-
exclusive license and revocation of patent right are served, it shall be made by a special service method as
prescribed by the Postal Service Act and its Enforcement: Provided, That when such copies are delivered to
persons who have reported on the use of electronic documents under Article 28-4 (1) of the Act, the
information and communications network may be used. <Amended on Dec. 31, 1993; Jun. 26, 1997; Jun. 30,
1999; Sep. 28, 2006; Feb. 22, 2011>
(4) Except as otherwise provided in the Act or this Decree, a certified copy of the document concerned shall
be delivered to the person to whom it is to be served, and if a protocol is prepared in lieu of presentation of
the document to be served, a certified copy or abstract of such protocol shall be delivered.
(5) Any service to a person falling under the main clause of Article 3 (1) of the Act shall be made to his or
her legal representative.
(6) If several persons jointly exercise the attorneyship, it shall be sufficient to serve it to one of them.
<Amended on Dec. 31, 1993; Feb. 22, 2011>법제처                                                            21                                                       국가법령정보센
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(7) Any service to a person in a prison or detention house shall be made to the head of such prison or
detention house. <Amended on Dec. 31, 1993>
(8) Where there exist two or more parties or their agents and a report is made on a representative selected
to receive documents to the Commissioner of the Korean Intellectual Property Office or the President of the
Korean Intellectual Property Trial and Appeal Board, documents shall be delivered to such representative.
<Newly Inserted on Feb. 22, 2011>
(9) The place to be served shall be the domicile or business office of the person to be served: Provided, That
where a person intending to be served a document has made a report on the place where he or she want to
receive it (limited to a place in the Republic of Korea) in advance to the Commissioner of the Korean
Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board, it shall
be such place. <Amended on Dec. 31, 1993; Jan. 31, 2005; Feb. 22, 2011>
(10) If a person to be served changes his or her place to be served, he or she shall report it without delay to
the Commissioner of the Korean Intellectual Property Office. <Newly Inserted on Dec. 31, 1993; Feb. 22,
2011>
(11) If a person to be served refuses to receive the service without justifiable grounds and it is thereby
impossible to serve, the service shall be deemed to have been made on the day of sending. <Amended on
Feb. 22, 2011>
(12) Sending, etc. of documents, other than those to be served under the Act shall be made as prescribed by
the Commissioner of the Korean Intellectual Property Office. <Newly Inserted on Dec. 31, 1993; Jun. 28, 2007;
Feb. 22, 2011>
 
Article 19 (Patent Gazette) (1) The Patent Gazette under Article 221 (1) of the Act shall be divided into the
patent gazette for registration and the patent gazette for publication. <Amended on Dec. 30, 2014>
(2) "Matters specified by Presidential Decree" in Article 87 (3) 8 of the Act means the following matters:
<Amended on Jan. 10, 2017>
1. Classification code;
2. Matters concerning an invention deemed not publicly known under Article 30 of the Act;
3. The specification and drawings attached to a patent application (referring to the specification and drawings
attached at the time of the registration of the grant of the patent under Article 87 (2) of the Act); 
4. Matters concerning divisional patent applications or converted patent applications;
5. Matters concerning a priority claim;
6. The laying-open number of patent application and its date of laying-open;법제처                                                            22                                                       국가법령정보센
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7. Matters concerning ex officio amendments under Article 66-2 of the Act;
8. The details of correction made pursuant to Article 132-3, 133-2, 136, or 137 of the Act;
9. Other matters that the Commissioner of the Korean Intellectual Property Office deems necessary.
(3) The patent gazette for publication shall contain the following matters: Provided, That matters that are
considered likely to disrupt public order or morality or harm public hygiene shall not be published:
<Amended on Jun. 30, 1999; Jun. 27, 2001; Jun. 13, 2003; Sep. 28, 2006; Jun. 28, 2013; Dec. 30, 2014>
1. Matters set forth in accordance with the following classifications:
(a) Where a patentee is a natural person: The name and domicile of a patentee; 
(b) Where a patentee is a juristic person: The name of a juristic person and the location of its business 
office; 
2. An application number, classification code, and date of application;
3. The name and domicile of an inventor;
4. The laying-open number of patent application and its date of laying-open;
5. The specification and drawings attached initially to a patent application: Provided, That the following
specification (referring to the description of the invention and claims in cases of an international patent 
application written in a foreign language; hereafter the same shall apply in this subparagraph) and 
drawings shall be published, if the specification and drawings are attached to a patent application written 
in any language other than Korean under Article 42-3 (1) of the Act (hereinafter referred to as "patent 
application in a foreign language") or to an international patent application written in any language other 
than Korean under Article 199 (1) of the Act (hereinafter referred to as "international patent application in 
a foreign language"): 
(a) In cases of a patent application in a foreign language: The specification and drawings deemed to have 
been amended under Article 42-3 (5) of the Act; 
(b) In cases of an international patent application in a foreign language: The specification and drawings 
deemed to have been amended under Article 201 (5) of the Act; 
5-2. The abstract attached to a patent application;
5-3. Matters concerning the amendment of a specification under Article 42-2 (2) of the Act;
6. Matters concerning a priority claim;
7. Matters concerning converted applications or divisional applications;
8. The fact that a request for the examination of a patent application has been filed under Article 60 (2) of
the Act: Provided, That the publication number, classification code, and the application number of the 
relevant patent application, along with the fact that a request for the examination of a patent application 법제처                                                            23                                                       국가법령정보센
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has been filed, shall be published in the subsequently issued patent gazette for publication; 
9. The intent to the effect that anyone may claim to the Commissioner of the Korean Intellectual Property
Office against any patent application concerned with information and proof substantiating his or her claim 
under Article 63-2 of the Act; 
10. Other matters concerning the publication of patent application.
(4) Where the Commissioner of the Korean Intellectual Property Office intends to publish the address of a
patentee who is a natural person, an applicant who is a natural person or an inventor under Article 87 (3) of
the Act and paragraph (3) of this Article, only part of such address can be published upon the request of the
patentee, applicant, or inventor. <Newly Inserted on Jun. 28, 2013; Jan. 10, 2017>
(5) The Commissioner of the Korean Intellectual Property Office shall determine and publicly announce the
methods and procedures for filing an application and the scope of address to be published under paragraph
(4). <Newly Inserted on Jun. 28, 2013>
 
Article 19-2 (Processing of Personal Identity Information) If the Commissioner of the Korean
Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board deems
it unavoidable to carry out the following administrative affairs, he or she may process data containing a
resident registration number or a foreigner registration number under subparagraph 1 or 4 of Article 19 of
the Enforcement Decree of the Personal Information Protection Act:
1. Administrative affairs for giving an identification number under Article 28-2 of the Act;
2. Administrative affairs relating to patent application under Article 42 of the Act;
3. Administrative affairs relating to the examination and preservation of evidence under Article 157 of the Act;
4. Administrative affairs relating to the submission, etc. of documents under Article 222 of the Act;
5. Other administrative affairs relating to the filing, reporting, or submission in connection with application,
examination, trial, and registration under the Act and this Decree. 
[This Article Newly Inserted on Jan. 6, 2012]
 
Article 20 (Imposition of Administrative Fines) The guidelines for the imposition of administrative fines
under Article 232 (1) of the Act are as provided for in the attached Table. <Amended on Dec. 2, 2011>
[This Article Wholly Amended on Sep. 30, 2008]