UTILITY MODEL ACT 
 
 
 
 
Wholly Amended by Act No. 7872, Mar.   3, 2006 
Amended by Act No. 8193, Jan.   3, 2007 
Act No. 8852, Feb. 29, 2008 
Act No. 9234, Dec. 26, 2008 
Act No. 9371, Jan. 30, 2009 
Act No. 10502, Mar. 30, 2011 
Act No. 11114, Dec.   2, 2011 
Act No. 11653, Mar. 22, 2013 
Act No. 11690, Mar. 23, 2013 
Act No. 11848, May 28, 2013 
Act No. 11962,  Jul. 30, 2013 
Act No. 12752, jun. 11, 2014 
Act No. 13088, Jan. 28, 2015 
Act No. 14034, Feb. 29, 2016 
Act No. 14112, Mar. 29, 2016 
Act No. 14690, Mar. 21, 2017 
Act No. 16208, Jan.   8, 2019 
Act No. 18098, Apr. 20, 2021 
Act No. 18409, Aug. 17, 2021 
Act No. 18505, Oct. 19, 2021 
Act No. 18890, jun. 10, 2022 
 
 
 
CHAPTER I GENERAL PROVISIONS 
 
Article 1 (Purpose)
The purpose of this Act is to contribute to the industrial development by protecting and encouraging the
creation of practical devices and promoting the utilization thereof to promote the development of
technology.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "device" means the creation of technical ideas applying the law of nature;
2. The term "registered utility model" means a device for which a utility model has been granted;
3. The term "working" means an act of manufacturing, using, assigning, leasing, importing, or offering
for assigning or leasing (including dis- playing for the purpose of assignment or lease; hereinafter the
same shall apply) an article to which a device has been applied.
 
Article 3 (Application Mutatis Mutandis of the Patent Act)
@Articles 3 through 7, 7-2, 8 through 25, 28, and 28-2 through 28-5 of the Patent Act shall apply mutatis
mutandis to utility models.
 
CHAPTER II REQUIREMENTS FOR UTILITY MODELS AND 
APPLICATIONS THEREFOR 
 
Article 4 (Requirements for Utility Model)
(1) A utility model may be granted for a device related to the shape or structure of an article, or a
combination of articles industrially practicable, unless the device falls under any of the following:
1. A device publicly known or worked inside or outside the Republic of Korea prior to the filing of
utility model registration;
2. A device reported by a publication published and distributed inside or outside the Republic of Korea
prior to the filing of utility model registration or made available to the public through one of
telecommunication lines.
(2) Notwithstanding paragraph (1), no utility model shall be granted for a device, if the device could easily
have been made, prior to the filing of utility model registration, by a person with ordinary skills in the art
to which the device pertains, on the basis of a device set forth in any subparagraph of paragraph (1).
(3) Notwithstanding paragraph (1), no utility model shall be granted for a device, if the device for which
utility model registration is filed is identical with a device described in the description or drawings initially
accompanying another application for utility model registration that meets both of the following
requirements: Provided, That this shall not apply where the person who has devised the subject matter of
the application at issue is the very person who has devised the subject matter of another application or
where the applicant at the time of utility model registration at issue is the very person who has filed
another application for utility model registration:
1. The application for utility model registration was filed before the filing date of utility model
registration at issue;
2. The application for utility model registration has been laid open under Article 64 of the Patent Act as
applied mutatis mutandis pursuant to Article 15 of this Act or the utility model has been registered andpublished pursuant to Article 21 (3) of this Act after the filing of utility model registration at issue.
(4) Notwithstanding paragraph (1), no utility model shall be granted for a device, if the device for which
utility model registration is filed is identical with an invention described in the description or drawings
initially accompanying a patent application that meets both of the following requirements: Provided, That
the same shall not apply where the person who has devised the subject matter of the application at issue is
the very person who has invented the subject matter of the patent application, or where the applicant who
has filed utility model registration at issue is the very person who has filed the patent application:
1. The patent application was filed before the filing date of utility model registration at issue;
2. The patent application has been laid open pursuant to Article 64 of the Patent Act, or the patent has
been registered and published pursuant to Article 87 (3) of the same Act after the filing of utility model
registration at issue.
(5) For the purposes of paragraph (3), where another application for utility model registration is an
application for international utility model registration defined in Article 34 (2) (including an international
application deemed an application for utility model registration under Article 40 (4)), "description or
drawings initially accompanying an application" under the main sentence of paragraph (3) shall be
construed as "descriptions of a device, the claims or drawings submitted by the international filing date,"
and "laid open" in subparagraph 2 of the aforesaid paragraph shall be construed as "laid open for public
inspection or internationally published pursuant to Article 21 of the Patent Cooperation Treaty,"
respectively.
(6) For the purposes of paragraph (4), where a patent application is an international patent application
under Article 199 (2) of the Patent Act (including an international application deemed a patent application
under Article 214 (4) of the same Act), "description or drawings initially accompanying a patent
application" under the main body of paragraph (4) shall be construed as "descriptions of an invention, the
claims or drawings submitted by the international filing date"; and "laid open" and "the same Act" in
subparagraph 2 of the aforesaid paragraph shall be construed as "laid open for public inspection or
internationally published pursuant to Article 21 of the Patent Cooperation Treaty" and "the Patent Act,"
respectively.
(7) For the purposes of paragraph (3) or (4), where an application for international utility model
registration deemed withdrawn pursuant to Article 35 (4) or an international patent application deemed
withdrawn pursuant to Article 201 (4) of the Patent Act shall not be construed as another application for
utility model registration or patent application.
 
Article 5 Deleted. <Jan. 28, 2015>
 
Article 6 (Unregistrable Devices)
Notwithstanding Article 4 (1), none of the following devices shall be registerable for utility model:1. A device identical or similar to a national flag or decoration;
2. A device that is likely to run counter to public order or good morals, or cause harm to public health.
 
Article 7 (First-to-File Rule)
(1) When two or more applications for utility model registration are filed for the same device on different
dates, only the applicant who files his/her application on the earlier date shall be entitled to the utility
model registration for the device.
(2) Where two or more applications for utility model registration are filed for the same device on the same
date, only the person agreed upon by all the applicants after consultation shall be entitled to the utility
model registration for the device: Provided, That where neither agreement is reached nor consultation is
possible, none of those applicants shall be entitled to the utility model registration for the device.
(3) Where a utility model registration and a patent application are filed for the same subject matter,
paragraph (1) shall apply mutatis mutandis if such utility model registration and patent application are
filed on different dates respectively; paragraph (2) shall apply mutatis mutandis if they are filed on the
same date.
(4) In either of the following cases, an application for utility model registration or a patent application
shall be deemed never filed for the purposes of paragraphs (1) through (3): Provided, That this shall not
apply where a decision or a trial decision to reject the earlier application is finally confirmed on the
ground the application for a utility model registration or patent shall be governed by the proviso to
paragraph (2) (including cases applied mutatis mutandis pursuant to paragraph (3)):
1. Where the application for utility model registration or patent application has been renounced, void, or
withdrawn;
2. Where a decision or a trial decision to reject the application for utility model registration or patent
application has become final and binding.
(5) For the purposes of paragraphs (1) through (3), it shall be deemed that an application for utility model
registration or patent filed by any person other than a deviser, an inventor, or a successor eligible for
utility model registration or patent has never been filed.
(6) As to cases set forth in paragraph (2), the Commissioner of the Korean Intellectual Property Office
shall order the applicants to report the result of their consultation within a prescribed period, and it shall be
deemed that they have failed to reach an agreement under paragraph (2) if they fail to report the result
within such period.
 
Article 8 (Application for Utility Model Registration)
(1) Any person who intends to obtain utility model registration shall file an application for an utility model
registration with the Commissioner of the Korean Intellectual Property Office stating the following
matters: <Amended on Jun. 11, 2014>1. The name and address of an applicant (if the applicant is a juristic person, its title and place of
business);
2. The name, address, and place of business of an agent if an agent exists (if the agent is a patent
corporation or a patent corporation (LLC), its title and place of business, and the designated patent
attorney's name);
3. The title of the device;
4. The name and address of the deviser.
(2) An application for utility model registration under paragraph (1) shall be accompanied by a description
stating the descriptions of a device and the scope of claims, a drawing, and an abstract. <Amended on Jun.
11, 2014>
(3) The descriptions of a device referred to in paragraph (2) shall meet both of the following requirements:
<Amended on Jun. 11, 2014>
1. The description shall be clearly and minutely made to allow persons with ordinary knowledge in the
field of technology of such device to easily make such device;
2. The technology which is a basis for the device shall be described.
(4) The scope of claims referred to in paragraph (2) shall include at least one claim describing the subject
matter for which protection is sought (hereinafter referred to as "claim"), and each claim shall meet both
of the following requirements: <Amended on Jun. 11, 2014>
1. Each claim shall be supported by a description of the device;
2. Each claim shall define the device clearly and concisely.
(5) Deleted. <Jun. 11, 2014>
(6) The form, structure, combination, etc. that is deemed necessary to specify the device shall be described
in the scope of claims under paragraph (2) in order to make clear the subject matters for which protection
is sought. <Amended on Jun. 11, 2014>
(7) Deleted. <Jun. 11, 2014>
(8) Necessary matters concerning the methods to describe the scope of claims under paragraph (2) shall be
prescribed by Presidential Decree. <Amended on Jun. 11, 2014>
(9) Necessary matters concerning the methods of writing descriptions of the device, the drawing, the
abstract, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Trade, Industry and
Energy. <Amended on Jun. 11, 2014>
 
Article 8-2 (Filing Date of Utility Model Registration, etc.)
(1) The date an application for utility model registration accompanied by a description and drawings is
submitted to the Commissioner of the Korean Intellectual Property Office shall be deemed the filing date
of utility model registration. In such cases, the claims may not be stated in the description, but descriptions
of a device must be stated therein.(2) Where an applicant for utility model registration fails to state the claims in the description initially
accompanying an application for utility model registration under the latter part of paragraph (1), he/she
shall make an amendment to state the claims in the description by not later than one year and two months
from the date specified in any subparagraph of Article 64 (1) of the Patent Act as applied mutatis mutandis
pursuant to Article 15, whichever is relevant: Provided, That upon receiving notice of a request for
examination of the application under Article 60 (3) of the Patent Act as applied mutatis mutandis pursuant
to Article 15, the applicant shall make an amendment by not later than three months after the receipt of
such notice, or one year and two months from the date specified in any subparagraph of Article 64 (1) of
the Patent Act as applied mutatis mutandis pursuant to Article 15, whichever comes earlier.
(3) Where an applicant for utility model registration fails to make an amendment under paragraph (2),
he/she shall be deemed to have voluntarily withdrawn the relevant application for utility model
registration on the date following the date the deadline specified in paragraph (2) expires.
 
Article 8-3 (Application for Utility Model Registration in Foreign Language, etc.)
(1) Where an applicant for utility model registration states his/her intention, in the application for utility
model registration, to write and prepare the description and drawings (limited to the textual matter of the
drawings; hereafter the same shall apply in paragraphs (2) and (5)) in a language specified by Ordinance
of the Ministry of Trade, Industry and Energy, other than the Korean language, he/she may use the
language.
(2) Where the description and drawings initially accompanying an application for utility model registration
are written and prepared in a language provided for in paragraph (1) (hereinafter referred to as "application
for utility model registration in a foreign language"), the applicant for utility model registration shall
submit the Korean translation of the description and drawings in the manner specified by Ordinance of the
Ministry of Trade, Industry and Energy by not later than one year and two months from the date specified
in any subparagraph of Article 64 (1) of the Patent Act as applied mutatis mutandis pursuant to Article 15,
whichever is relevant: Provided, That upon receiving notice of a request for examination of the application
under Article 60 (3) of the Patent Act as applied mutatis mutandis pursuant to Article 15, the applicant
shall submit the Korean translation by not later than three months after receipt of such notice, or one year
and two months from the date specified in any subparagraph of Article 64 (1) of the Patent Act as applied
mutatis mutandis pursuant to Article 15, whichever comes earlier.
(3) An applicant for utility model registration who has submitted the Korean translation pursuant to
paragraph (2) may submit another Korean translation in replacement of the former Korean translation by
not later than the expiration of the deadline specified in paragraph (2): Provided, That the foregoing shall
not apply to either of the following cases:
1. Where the applicant for utility model registration has amended the description or a drawing
(excluding an amendment deemed made pursuant to paragraph (5));2. Where the applicant for utility model registration has filed a request for the examination of the
application.
(4) Where an applicant for utility model registration fails to submit the Korean translation of the
description under paragraph (2), he/she shall be deemed to have voluntarily withdrawn the relevant
application for utility model registration on the date following the date the deadline specified in paragraph
(2) expires.
(5) Where an applicant for utility model registration submits the Korean translation under paragraph (2) or
another Korean translation under the main sentence of paragraph (3), the description and drawings initially
accompanying the application for utility model registration in a foreign language shall be deemed
amended according to the Korean translation: Provided, That if another Korean translation is submitted
under the main sentence of paragraph (3), all the amendments that shall otherwise be deemed amended
according to the Korean translation submitted prior to the latest Korean translation (hereafter referred to as
"final Korean translation" in this Article) shall be deemed never made in the first place.
(6) An applicant for utility model registration may correct any error in the final Korean translation in the
manner prescribed by Ordinance of the Ministry of Trade, Industry, and Energy during the period set for
amendments under Article 47 (1) of the Patent Act as applied mutatis mutandis pursuant to Article 11. In
such cases, paragraph (5) shall not apply to the corrected Korean translation.
(7) Where any error is corrected during the period specified in Article 47 (1) 1 or 2 of the Patent Act as
applied mutatis mutandis pursuant to Article 11, all the corrections made prior to the final correction shall
be deemed never made in the first place. <Newly Inserted on Feb. 29, 2016>
 
Article 9 (Scope of Single Application for Utility Model Registration)
(1) Each application for utility model registration shall relate to only a single device: Provided, That a
group of devices so linked as to form a comprehensive concept of a single device may be the subject
matter of a single application for utility model registration.
(2) The requirements for a group of devices that can be the subject matter of a single application for utility
model registration under the proviso to paragraph (1) shall be prescribed by Presidential Decree.
 
Article 10 (Converted Application)
(1) An applicant for patent may amend his/her application for patent to an application for utility model
registration within the extent of the contents described in the description or drawings initially attached to
the patent application: Provided, That the foregoing shall not apply to either of the following cases:
<Amended on Jun. 11, 2014; Feb. 29, 2016; Oct. 19, 2021>
1. Where three months have elapsed since a certified copy of the initial decision of rejection was served
(referring to the extended period, if the period prescribed in Article 132-17 of the Patent Act has been
extended pursuant to Article 15 (1) of the same Act) in connection with the patent application;2. Where the application for patent has been filed in a foreign language under Article 42-3 (2) of the
Patent Act, and the Korean translation under the aforesaid paragraph has not been submitted along with
the application filed for conversion.
(2) It shall be deemed that a converted application to that for utility model registration under paragraph (1)
(hereinafter referred to as "converted application") was filed for the purpose of utility model registration at
the time when the initial patent application was filed: Provided, That this shall not apply if the converted
application falls under any of the following cases: <Amended on Jun. 11, 2014; Jan. 28, 2015>
1. Where Article 4 (3) of this Act or Article 29 (4) of the Patent Act shall apply to the application
because it falls under another utility model registration set forth in Article 4 (3) of this Act or a utility
model registration set forth in Article 29 (4) of the Patent Act;
2. Where Article 30 (2) of the Patent Act as applied mutatis mutandis pursuant to Article 11 of this Act
shall apply to the application;
3. Where Article 54 (3) of the Patent Act as applied mutatis mutandis pursuant to Article 11 of this Act
shall apply to the application.
4. Where Article 55 (2) of the Patent Act as applied mutatis mutandis pursuant to Article 11 of this Act
shall apply to the application.
(3) Any person who intends to file for converted application in accordance with paragraph (1) shall, in
his/her application for utility model registration, state his/her intention to do so and indicate the patent
application, which is the basis of converted application, when he/she files for converted application.
<Amended on Jun. 11, 2014>
(4) The initial patent application shall be deemed withdrawn by filing a converted application. <Amended
on Jun. 11, 2014>
(5) Deleted. <Jun. 11, 2014>
(6) A person who makes priority claims under Article 54 of the Patent Act in filing the converted
application, may submit the documents prescribed in paragraph (4) of the same Article to the
Commissioner of the Korean Intellectual Property Office within three months from the filing date of the
converted application, even after the lapse of the period prescribed in paragraph (5) of the same Article.
<Amended on Mar. 22, 2013>
(7) Where a converted application is filed in a foreign language, the applicant for utility model registration
may submit the Korean translation under Article 8-3 (2) or another Korean translation under the main
sentence of Article 8-3 (3) by not later than 30 days from the filing date of the converted application, even
after the expiration of the deadline specified in paragraph (2) of the aforesaid Article: Provided, That
another Korean translation shall not be submitted in cases specified in any subparagraph of Article 8-3 (3).
<Newly Inserted on Jun. 11, 2014>
(8) Where a converted application has been filed regarding an application for utility model registration
filed without stating the claims in the description initially accompanying the converted application, the
applicant for utility model registration may supplement the description to contain the claims by not laterthan 30 days from the filing date of the converted application, even after the expiration of the deadline
specified in Article 8-2 (2). <Newly Inserted on Jun. 11, 2014>
 
Article 11 (Mutatis Mutandis Application of the Patent Act)
@Articles 30 and 33 through 35, 37, 38, 41, 43, 44, 46, 47, 51, 52, 52-2, and 54 through 56 of the Patent
Act shall apply mutatis mutandis to the requirements for utility model registration and applications
therefor. <Amended on Jan. 28, 2015; Oct. 19, 2021>
 
CHAPTER III EXAMINATION 
 
Article 12 (Request for Examination of Utility Model Registration)
(1) Utility model registration shall be examined only upon receipt of a request for examination.
(2) Any person may file a request for examination of an application for utility model registration with the
Commissioner of the Korean Intellectual Property Office within three years from the filing date of utility
model registration: Provided, That no applicant for utility model registration shall file a request for
examination of the application in either of the following cases:
1. Where the applicant for utility model registration fails to state the claims in the description;
2. Where the applicant for utility model registration fails to submit a Korean translation under Article 8-
3 (2) (limited to applications for utility model registration in a foreign language).
(3) As regards to any of the following applications for utility model registration, a request for examination
of the utility model may be filed within the period specified in each of the following even after the lapse of
the period prescribed in paragraph (2): <Amended on Oct. 19, 2021>
1. Converted application: 30 days from the filing date of such converted application;
2. Application for utility model registration by a legitimate right holder under Articles 34 and 35 of the
Patent Act as applied mutatis mutandis pursuant to Article 11 of this Act: 30 days from the filing date of
such utility model registration by a legitimate right holder;
3. Divisional application under Article 52 (2) of the Patent Act as applied mutatis mutandis pursuant to
Article 11 of this Act: 30 days from the filing date of such divisional application;
4. Splitting-off under Article 52-2 (2) of the Patent Act as applied mutatis mutandis pursuant to Article
11 of this Act: 30 days from the date of such splitting off.
(4) A request for examination of the application may not be withdrawn.
(5) An application for utility model registration shall be deemed withdrawn if no request for examination
of the application is filed during the period set for filing a request for examination of the application under
paragraph (2) or (3).
 
Article 13 (Decision to Reject Utility Model Registration)Any examiner defined in Article 57 (1) of the Patent Act (hereinafter referred to as "examiner") as applied
mutatis mutandis pursuant to Article 15 of this Act shall make a decision to reject utility model
registration, if the application constitutes any of the following grounds for rejection (hereinafter referred to
as "ground for rejection"): <Amended on Oct. 19, 2021>
1. If the utility model is not registerable under Article 4, 6, or 7 (1) through (3) of this Act, Article 25 of
the Patent Act as applied mutatis mutandis pursuant to Article 3 of this Act, or Article 44 of the Patent
Act as applied mutatis mutandis pursuant to Article 11 of this Act;
2. If the applicant has no right to obtain utility model registration under the main sentence of Article 33
(1) of the Patent Act as applied mutatis mutandis pursuant to Article 11 of this Act, or if the applicant is
not eligible for utility model registration under the proviso to the same paragraph;
3. If the application violates any provisions of a relevant treaty;
4. If the application fails to meet the requirements set forth in Article 8 (3), (4) and (8) or 9;
5. If the converted application deviates from the extent prescribed by Article 10 (1);
6. If an amendment is made deviating from the extent prescribed by Article 47 (2) of the Patent Act as
applied mutatis mutandis pursuant to Article 11 of this Act;
7. If the divisional application deviates from the extent prescribed by Article 52 (1) of the Patent Act as
applied mutatis mutandis pursuant to Article 11 of this Act;
8. If the splitting-off deviates from the extent prescribed by Article 52-2 (1) of the Patent Act as applied
mutatis mutandis pursuant to Article 11 of this Act.
 
Article 14 (Notice of Grounds for Rejection)
(1) An examiner shall notify the relevant applicant for utility model registration of the grounds for
rejection and provide him/her an opportunity to submit his/her written opinion within a specified period, in
any of the following circumstances: Provided, That this shall not apply when he/she intends to make a
decision of dismissal pursuant to Article 51 (1) of the Patent Act which is applied mutatis mutandis
pursuant to Article 11: <Amended on Feb. 29, 2016>
1. Where the examiner intends to make a decision to reject the relevant utility model registration
pursuant to Article 13;
2. Where the examiner intends to make a decision to reject the relevant utility model registration on the
grounds for rejection already notified, before a decision to approve the utility model registration is
revoked based on an ex officio re-examination under Article 66-3 of the Patent Act as applied mutatis
mutandis pursuant to Article 15.
(2) When an examiner gives notice of the grounds for rejecting any application for utility model
registration pursuant to the main body of paragraph (1), which carries not less than two claims, he/she
shall clearly indicate the rejected claims and the grounds therefor in detail in the notification.
 Article 15 (Mutatis Mutandis Application of the Patent Act)
@Articles 57, 58, 58-2, 60, 61, 63-2, 63-3, 64 through 66, 66-2, 66-3, 67, 67-2, 67-3, 68 and 78 of the
Patent Act shall apply mutatis mutandis to an examination and decision with regard to a utility model
registration which has been filed. <Amended on Mar. 22, 2013; Feb. 29, 2016>
 
CHAPTER IV REGISTRATION FEE AND UTILITY MODEL 
REGISTRATION, ETC. 
 
Article 16 (Registration Fees)
(1) Any person who intends to obtain the registration of establishment of a utility model right in
accordance with Article 21 (1) shall pay registration fees for three years from the date when he/she intends
to obtain the registration of establishment of the utility model right (hereinafter referred to as "registration
date of establishment"), and the owner of a utility model right shall pay, on a yearly basis, a registration
fee for one year from the following year based on the date falling under the registration date of
establishment of the relevant right.
(2) Notwithstanding paragraph (1), the owner of a utility model right may pay registration fees for several
or entire years according to the order of years of payment in a lump sum, starting from the following year.
(3) Registration fees, method and term of payment thereof under paragraphs (1) and (2), and other
necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 17 (Official Fees)
(1) A person who shall undergo the process for utility model registration shall pay an official fee.
(2) When the number of claims described in the scope of claims increases as a consequence of a correction
made on the description accompanying the application by any person, other than the applicant of the utility
model registration, after filing a request for examination of the application, the applicant for the utility
model registration shall be liable to pay the fee for requesting an examination for the increased number of
claims.
(3) Official fees under paragraph (1), the method and period of payment thereof, and other necessary
matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 
Article 18 Deleted. <Feb. 29, 2016>
 
Article 19 Deleted. <Feb. 29, 2016>
 
Article 20 (Mutatis Mutandis Application of the Patent Act)
@Articles 80, 81, 81-2, 81-3, and 83 through 86 of the Patent Act shall apply mutatis mutandis to
registration fees and utility model registration. <Amended on Feb. 29, 2016> 
CHAPTER V UTILITY MODEL RIGHT 
 
Article 21 (Registration of Establishment of Utility Model Right and Publication of Registration)
(1) A utility model right shall come into effect upon registration of its establishment.
(2) The Commissioner of the Korean Intellectual Property Office shall register the establishment of a
utility model right when any of the following cases occurs:
1. When a registration fee under Article 16 (1) is paid;
2. When an additional registration fee is paid in accordance with Article 81 (1) of the Patent Act as
applied mutatis mutandis pursuant to Article 20 of this Act;
3. When a registration fee is reserved in accordance with Article 81-2 (2) of the Patent Act as applied
mutatis mutandis pursuant to Article 20 of this Act;
4. When a registration fee is paid or reserved in accordance with Article 81-3 (1) of the Patent Act as
applied mutatis mutandis pursuant to Article 20 of this Act;
5. When a registration fee is exempted in accordance with Article 83 (1) 1 and (2) of the Patent Act as
applied mutatis mutandis pursuant to Article 20 of this Act.
(3) Where the registration under paragraph (2) is made, the Commissioner of the Korean Intellectual
Property Office shall give public notice of the registration by publishing the following matters in the
Utility Model Gazette: <Amended on Feb. 29, 2016>
1. Name and domicile of the owner of the relevant utility model right (referring to the name and
location of the place of business, in cases of a corporation);
2. Filing number and filing date of the relevant application for utility model registration;
3. Name and domicile of the devisor;
4. Abstract accompanying the relevant written application for utility model registration;
5. Utility model registration number and the registration date of establishment;
6. Publication date of the registration;
7. Information on prior art, if the information on prior art (referring to the name of a publication
describing prior art and any other sources of the information on prior art) is included in the grounds for
rejection notified under the main sentence of Article 14 (1);
8. Any other matters prescribed by Presidential Decree.
(4) Notwithstanding paragraph (3), the Commissioner of the Korean Intellectual Property Office shall
withhold the publication of the registration of a utility model which needs to be kept confidential in
accordance with Article 41 (1) of the Patent Act as applied mutatis mutandis pursuant to Article 11 of this
Act until the relevant device is declassified, and upon declassification thereof, he/she shall make the
publication of registration without delay.
(5) Deleted. <Feb. 29, 2016> 
Article 22 (Term of Utility Model Right)
(1) The term of a utility model right shall commence on the registration date of the establishment of the
utility model right under Article 21 (1), and shall expire on the tenth anniversary of the filing date of the
application for the utility model registration.
(2) Where the utility model of a legitimate owner is registered under Articles 34 and 35 of the Patent Act
as applied mutatis mutandis pursuant to Article 11 of this Act, the term of such utility model right under
paragraph (1) shall commence on the day immediately following the filing date of the utility model
registration by an ineligible person.
 
Article 22-2 (Extensions of Term of Utility Model Rights due to Registration Delays)
(1) If the establishment of a utility model right is registered late than the fourth anniversary of the filing
date of utility model registration or the third anniversary of the filing date of examination of application,
whichever comes later, the term of the utility model right may be extended by the delayed period,
notwithstanding the provisions of Article 22 (1).
(2) For the purposes of paragraph (1), the period of delay attributable to an applicant shall not be included
in extending the term of a utility model right as prescribed in paragraph (1): Provided, That if the period of
delay attributable to an applicant overlaps, the period that shall not be included in extending the term of a
utility model right shall not exceed the period actually delayed due to reasons attributable to the applicant.
(3) "The period of delay attributable to an applicant" referred to in paragraph (2) shall be prescribed by
Presidential Decree.
(4) In counting the fourth anniversary of the filing date of utility model registration as prescribed in
paragraph (1), each of the following shall be deemed the filing date of utility model registration,
notwithstanding Articles 10 (2), 34 (1), 40 (4), and Articles 34, 35, 52 (2), and 52-2 (2) of the Patent Act
as applied mutatis mutandis pursuant to Article 11: <Amended on Oct. 19, 2021>
1. In cases of a converted application pursuant to Article 10: the filing date of the converted application;
2. In cases of an application for utility model registration filed by a legitimate holder pursuant to Article
34 or 35 of the Patent Act as applied mutatis mutandis pursuant to Article 11: the filing date by the
legitimate holder;
3. In cases of a divisional application pursuant to Article 52 of the Patent Act as applied mutatis
mutandis pursuant to Article 11: the filing date of the divisional application;
3-2. In cases of a splitting-off under Article 52-2 of the Patent Act as applied mutatis mutandis pursuant
to Article 11: The date of the splitting-off;
4. In cases of an international application deemed an application for utility model registration pursuant
to Article 34 (1): the date of submission of documents stating the details provided in each subparagraph
of Article 203 (1) of the Patent Act as applied mutatis mutandis pursuant to Article 41;5. In cases of an international application deemed an application for utility model registration pursuant
to Article 40: the date when an applicant for an international application makes a request for decision
pursuant to Article 40 (1);
6. An application for utility model registration not falling under any of subparagraphs 1 through 5: the
filing date of the relevant utility model registration.
 
Article 22-3 (Applications for Extended Registration of Term of Utility Model Rights due to
Registration Delays)
(1) Anyone who intends to apply for extended registration of the term of a utility model right pursuant to
Article 22-2 (hereafter referred to as "applicant for extended registration" in this Article and Article 22-4)
shall file with the Commissioner of the Korean Intellectual Property Office an application for extended
registration of utility model right stating the following details: <Amended on Mar. 23, 2013; Jul. 30, 2013>
1. The name and address of an applicant for extended registration (if the applicant is a corporation, its
title and place of business);
2. If an applicant for extended registration appoints his/her agent, the name, address, and place of
business of the agent (if the agent is a patent corporation or a patent corporation (LLC), its title and
place of business and the designated patent attorney’s name);
3. A registration number of a utility model right to be extended;
4. The period applied for extension;
5. Reasons for extension specified by Ordinance of the Ministry of Trade, Industry and Energy
(verifying documents shall be attached thereto).
(2) An application for extended registration of the term of a utility model right pursuant to paragraph (1)
shall be filed within three months from the date the establishment of the utility model right is registered.
(3) If a utility model right is co-owned by more than two persons, all the co-owners shall jointly apply for
extended registration of the term of the utility model right.
(4) An applicant for extended registration may correct the details referred to in paragraph (1) 4 and 5
among the entries in the application for extended registration, before an examiner makes a decision as to
whether to approve the extended registration of the term of a utility model right: Provided, That he/she
may make corrections only during a period for submitting his/her statement of opinion once he/she is
notified of the grounds for rejection applied mutatis mutandis pursuant to Article 22-6.
 
Article 22-4 (Decisions to Reject Extended Registration of Term of Utility Model Rights due to
Registration Delays)
Where an application for extended registration of the term of a model utility right falls under any of the
following cases, an examiner shall make a decision to reject extended registration with regard to the
application:1. Where the period applied for extension exceeds the period prescribed in Article 22-2;
2. Where an applicant for extended registration is not the owner of the relevant utility model right;
3. Where an application for extended registration is filed, in violation of Article 22-3 (3).
 
Article 22-5 (Decisions, etc. to Approve Extended Registration of Term of Utility Model Rights due to
Registration Delays)
(1) Where an examiner finds that an application for extended registration of the term of a utility model
right does not fall under any grounds provided in each subparagraph of Article 22-4, he/she shall make a
decision to approve extended registration.
(2) Where any decision to approve extended registration is made pursuant to paragraph (1), the
Commissioner of the Korean Intellectual Property Office shall enter the extension of the term of the
relevant utility model right in the Utility Model Register.
(3) Where an extension of the term of a utility model rights is entered in the Utility Model Register
pursuant to paragraph (2), the following details shall be published in the Utility Model Gazette:
1. The name and address of an owner of the utility model right (in cases of a corporation, its name and
seat of place of business);
2. A registration number of the utility model right;
3. Date of extended registration;
4. Extended period.
 
Article 22-6 (Provisions to be Applied Mutatis Mutandis)
@Article 14 of this Act, Articles 57 (1), 67, subparagraphs 1 through 5 and 7 of Article 148 of the Patent
Act shall apply mutatis mutandis to examinations of applications for extended registration of the term of
utility model rights.
 
Article 23 (Effects of Utility Model Rights)
The owner of a utility model right shall have the exclusive right to work the registered utility model
commercially and industrially: Provided, That where the exclusive license is granted under Article 100 (1)
of the Patent Act as applied mutatis mutandis pursuant to Article 28 of this Act, the same shall not apply
to the extent that the exclusive licensee has the exclusive right to work the registered utility model under
Article 100 (2) of the Patent Act.
 
Article 24 (Limitations on Effect of Utility Model Rights)
The effects of the utility model right shall not extend to any of the following subparagraphs:
1. Working of the registered utility model for the purpose of research or experimentation;
2. Vessels, aircraft, or vehicles only passing through the territory of the Republic of Korea, or
machinery, instruments, equipment, or any other accessories used therein;3. Articles available in the Republic of Korea as at the time the utility model registration was filed.
 
Article 25 (Relations to Third Party Registered Utility Model, etc.)
No owner of a utility model right, or exclusive or non-exclusive licensee may work his/her registered
utility model commercially or industrially without permission granted by the owner of the relevant utility
model, patent, design, or trademark, where the registered utility model would utilize a third party
registered utility model, patented invention, registered design or any other design similar to such
registered design for which an application for registration or patent was filed prior to the filing date of the
application for utility model registration at issue, or where the utility model at issue conflicts with
another's right to design or trademark for which an application for registration was filed prior to the filing
date of the application for utility model registration at issue.
 
Article 26 (Non-exclusive License Granted to Work Device or Invention Prior to Registration of
Complaint Seeking for Ruling of Invalidation)
(1) Where any of the following persons, without knowing the fact that there exists a ground for the
invalidation of his/her own registered utility model or patent, has been engaging in business of working
the device or invention, or has been preparing for engaging in such business in the Republic of Korea,
before registration of a complaint filed to seek for the ruling of invalidation of his/her registered utility
model or patent, the person shall have either the non-exclusive license for such utility model within the
extent of such device or invention or the scope of the business which has been worked or for which the
preparation for working has been made, or the non-exclusive license on the exclusive license of the utility
model existing at the time such utility model registration or patent becomes invalidated:
1. The original owner of the invalidated utility model right, where one of at least two utility model
registrations granted for the same device has been invalidated;
2. The original patentee of the invalidated patent, where the patent has been invalidated because the
patented invention was found identical with the registered utility model;
3. The original owner of the invalidated utility model right, where his/her utility model registration has
been invalidated and the utility model registration for the same device has been granted to the legitimate
holder;
4. The original patentee of the invalidated patent, where his/her patent has been invalidated and a utility
model registration for the same device as the invention has been granted to the legitimate right holder;
5. A person who has already acquired and registered an exclusive license, a non-exclusive license, or a
non-exclusive license on the exclusive license at the time of the registration of a complaint seeking for
the ruling to invalidate the right to utility model or patent so invalidated, in cases set forth in
subparagraphs 1 through 4: Provided, That a person who has acquired a non-exclusive license under
Article 118 (2) of the Patent Act as applied mutatis mutandis pursuant to Article 28 of this Act does not
need to be registered.(2) A person who has been granted a non-exclusive license under paragraph (1) shall pay equitable
remuneration to the owner of the utility model right or the exclusive licensee.
 
Article 27 (Non-exclusive License after Expiration of Term of Design Right)
(1) Where a design right filed and registered on or before the filing date of a utility model registration
conflicts with the utility model right, and when the term of the design right has expired, the owner of the
design right shall have a non-exclusive license on the utility model right or a non-exclusive license on the
exclusive license for the utility model right that exists at the time the design right has expired, within the
scope of the design right.
(2) Where a design right filed and registered on or before the filing date of a utility model registration
conflicts with the utility model right, and when the term of the design right has expired, the holder of
either of the following rights shall have a non-exclusive license on the utility model right or a non-
exclusive license on the exclusive license for the utility model right that exists at the time the design right
has expired, within the scope of the original right:
1. An exclusive license of the design right that exists at the time the term of the design right expired;
2. A non-exclusive license in effect over the design right or an exclusive license of the design right
under Article 104 (1) of the Design Protection Act.
(3) A person who has been granted a non-exclusive license under paragraph (2) shall pay a reasonable
price in consideration of the non-exclusive license to the owner of an utility model right or the exclusive
licensee.
 
Article 28 (Application Mutatis Mutandis of the Patent Act)
@Articles 97, 99, 99-2, 100 through 103, 103-2, 106, 106-2, 107 through 111, 111-2, 112 through 115,
118 through 125, and 125-2 of the Patent Act shall apply mutatis mutandis to utility model rights.
<Amended on Feb. 29, 2016>
 
CHAPTER VI PROTECTION OF OWNERS OF UTILITY 
MODEL RIGHTS 
 
Article 29 (Acts Constituting Infringement)
The commercial act of manufacturing, assigning, leasing or importing, or the act of offering for
commercial or industrial assignment or lease, of goods which shall be used exclusively for manufacturing
a product relating to a registered utility model shall be deemed to constitute infringement of a utility
model right or exclusive license thereon.
 
Article 30 (Application Mutatis Mutandis of the Patent Act)@Articles 126, 128, 128-2 and 130 through 132 of the Patent Act shall apply mutatis mutandis to the
protection of the owners of utility model rights. <Amended on Mar. 29, 2016>
 
CHAPTER VI-II APPLICATIONS FOR REVOCATION OF 
UTILITY MODEL REGISTRATION 
 
Article 30-2 (Applications for Revocation of Utility Model Registration)
(1) Any person may file an application for revocation of utility model registration with the President of the
Intellectual Property Tribunal by not later than six months from the publication date of registration after
the establishment of the utility model right is registered, if the utility model registration falls under any of
the following; and in such cases, an application for revocation of utility model registration may be filed for
each claim, if at least two claims exist:
1. Where the utility model registration violates Article 4 (excluding where the relevant device falls
under Article 4 (1) 1 and where the device could easily have been made based on the device specified in
Article 4 (1) 1);
2. Where the utility model registration violates Article 7 (1) through (3).
(2) Notwithstanding paragraph (1), no application for revocation of utility model registration shall be filed
on the grounds that the registration is based on prior art in Article 21 (3) 7 published in the Utility Model
Gazette.
 
Article 30-3 (Application Mutatis Mutandis of Patent Act)
@Articles 132-3 through 132-15 of the Patent Act shall apply mutatis mutandis to hearings, decisions, etc.
on applications for revocation of utility model registration.
 
CHAPTER VII TRIALS, RETRIALS, AND LITIGATION 
 
Article 31 (Trial for Invalidation of Utility Model Registration)
(1) Any interested party (limited to persons entitled to utility model registration, in cases of the main
clause of subparagraph 5) or examiner may file a complaint to seek for the ruling to invalidate utility
model registration, if the utility model registration falls under any of the following subparagraphs. In such
cases, a complaint may be filed for each claim, if at least two claims exist: <Amended on Feb. 29, 2016; Oct.
19, 2021>
1. Where the utility model has been registered, in violation of Article 4, 6, 7 (1) through (3), 8 (3) 1, or
8 (4) of this Act, or Article 25 of the Patent Act as applied mutatis mutandis pursuant to Article 3 of this
Act;
2. Where the owner of the utility model right becomes ineligible for the enjoyment of the utility model
right under Article 25 of the Patent Act as applied mutatis mutandis pursuant to Article 3 of this Act, orwhere the utility model registration violates a treaty after being registered;
3. Where the utility model is not registerable because of its violation of the treaty;
4. Where a converted application so filed deviates from the extent under Article 10 (1);
5. Where the relevant person is not entitled to utility model registration under the main sentence of
Article 33 (1) of the Patent Act as applied mutatis mutandis pursuant to Article 11 of this Act, or
violates Article 44 of the Patent Act: Provided, That this shall not apply where a registration of transfer
is made pursuant to Article 99-2 (2) of the Patent Act as applied mutatis mutandis pursuant to Article
28;
6. Where the utility model is not registerable under the proviso to Article 33 (1) of the Patent Act as
applied mutatis mutandis pursuant to Article 11 of this Act;
7. Where the correction so made deviates from the extent under the former part of Article 47 (2) of the
Patent Act as applied mutatis mutandis pursuant to Article 11 of this Act;
8. Where the divisional application so filed deviates from the extent under Article 52 (1) of the Patent
Act as applied mutatis mutandis pursuant to Article 11 of this Act;
9. Where the splitting-off deviates from the extent prescribed in the former part, with the exception of
the subparagraphs, of Article 52-2 (1) of the Patent Act as applied mutatis mutandis pursuant to Article
11 of this Act.
(2) A complaint seeking for the ruling under paragraph (1) may be filed even after the utility model right is
extinguished.
(3) When the trial decision to invalidate utility model registration has become final and binding, it shall be
deemed that the utility model right has never existed: Provided, That it shall be deemed that the utility
model right has never existed since the utility model registration falls under paragraph (1) 2, where the
trial decision to invalidate utility model registration under the said subparagraph has become final and
binding.
(4) Upon receipt of a complaint seeking for the ruling under paragraph (1), the presiding administrative
patent judge shall notify an exclusive licensee of the utility model in dispute and other persons having any
registered interest in the utility model of the purport thereof.
 
Article 31-2 (Trials Invalidating Extended Registration of Term of Utility Model Rights)
(1) If the extended registration of the term of a utility model right pursuant to Article 22-5 falls under any
of the following cases, any interested party or examiner may request for a trial to invalidate such extended
registration:
1. Where the extended period based upon extended registration exceeds the period extended as provided
in Article 22-2;
2. Where the extended registration is made based upon an application filed by a person other than the
owner of the relevant utility model right;3. Where the extended registration is granted for an application filed, in violation of Article 22-3 (3).
(2) Article 31 (2) and (4) shall apply mutatis mutandis to requests for trials prescribed in paragraph (1).
(3) When a ruling invalidating extended registration becomes final and conclusive, it shall be deemed that
the term of a utility model right based upon the extended registration has never been extended: Provided,
That if any extended registration becomes invalid as it falls under paragraph (1) 1, it shall be deemed that
only the period in excess of the period extended as provided in Article 22-2 has never been extended.
 
Article 32 (Trial for Granting Non-exclusive License)
(1) An owner of a utility model right or exclusive or non-exclusive licensee who intends to obtain
permission to work a registered utility model because the registered utility model falls under Article 25
may file a complaint to seek for granting the non-exclusive license within the extent necessary for working
his/her registered utility model, if the right holder refuses to grant such permission without justifiable
grounds, or if it is impossible to obtain permission for working due to any extenuating circumstance.
(2) No non-exclusive license may be granted for a complaint filed pursuant to paragraph (1), unless it is
found that the registered utility model at issue will bring forth significant technical advance with
substantial economic value in comparison with another's registered utility model or patented invention, an
application for which was filed earlier than the filing date of the utility model registration at issue.
(3) Where a person who granted a non-exclusive license in compliance with the ruling under paragraph (1)
needs to work the registered utility model of the person to whom the non-exclusive license was granted,
he/she may file a complaint to seek for granting such non-exclusive license within the extent necessary for
working the registered utility model, if the non-exclusive licensee refuses to grant permission to work the
registered utility model or it is impossible to obtain such permission.
(4) A non-exclusive licensee, to whom a non-exclusive license was granted under paragraphs (1) and (3),
shall pay the consideration for the utility model, patent, or design to the owner or the exclusive licensee of
such right: Provided, That the consideration shall be placed on deposit if it is impossible to pay the
consideration due to any reason not attributable.
(5) No non-exclusive licensee under paragraph (4) may work the registered utility model, patented
invention, registered design, or design similar thereto, unless he/she completes the payment of the
consideration or places the consideration on deposit.
 
Article 33 (Mutatis Mutandis Application of the Patent Act)
@Articles 132-17, 133-2, 135 through 137, 139, 139-2, 140, 140-2, 141 through 153, 153-2, 154, 154-2,
155 through 158, 158-2, 159 through 164, 164-2, 165, 166, 170 through 172, 176, 178 through 188, 188-2,
189 through 191, and 191-2 of the Patent Act shall apply mutatis mutandis to trials, retrials and litigations
with regard to utility models. <Amended on Feb. 29, 2016; Jan. 8, 2019; Apr. 20, 2021; Aug. 17, 2021>
 CHAPTER VIII INTERNATIONAL APPLICATIONS UNDER 
PATENT COOPERATION TREATY 
 
Article 34 (Utility Model Registration Based on International Application)
(1) An international application of which an international filing date is recognized under the Patent
Cooperation Treaty, and which designates the Republic of Korea as a designated state in order to obtain
utility model registration, shall be deemed a utility model registration filed on its international filing date.
(2) Articles 8-2 and 8-3 of this Act and Article 54 of the Patent Act as applied mutatis mutandis pursuant
to Article 11 of this Act shall not apply to an international application deemed a utility model registration
under paragraph (1) (hereinafter referred to as "international utility model registration").
 
Article 34-2 (Applications, etc. for International Utility Model Registration)
(1) An application filed by the international filing date of an application for international utility model
registration shall be deemed an application for utility model registration filed pursuant to Article 8 (1).
(2) Descriptions of a device, the claims, and drawings submitted by the international filing date of an
application for international utility model registration shall be deemed the description and drawings
initially accompanying an application for international utility model registration filed pursuant to Article 8
(2).
(3) In either of the following cases, the abstract or Korean translation of an application for international
utility model registration shall be deemed an abstract under Article 8 (2):
1. Where the abstract of an application for international utility model registration is written in Korean:
The abstract of the application for international utility model registration;
2. Where the abstract of an application for international utility model registration is written in a foreign
language: The Korean translation of the abstract of the application for international utility model
registration submitted pursuant to Article 35 (1) (referring to the Korean translation of the abstract of
the application for international utility model registration last submitted, if a new Korean translation has
been submitted under the main sentence of Article 35 (3)).
 
Article 35 (Korean Translation of International Utility Model Registration)
(1) An applicant who has filed for international utility model registration in any foreign language shall
submit, to the Commissioner of the Korean Intellectual Property Office, a Korean translation of the
following documents within two years and seven months (hereinafter referred to as "period for submitting
domestic documents") from the priority date (hereinafter referred to as "priority date") defined in Article 2
(xi) of the Patent Cooperation Treaty: Provided, That if an applicant has submitted a document under
Article 203 (1) of the Patent Act as applied mutatis mutandis pursuant to Article 41 of this Act to request
the extension of the period for submitting the Korean translation, during the period commencing one
month before the expiration of the period for submitting domestic documents until the expiration of theperiod (excluding cases where a Korean translation has been submitted before submitting such document),
the Korean translation may be submitted by not later than one month from the expiration of the period for
submitting domestic documents:
1. A Korean translation of a description of the device, claims, and drawings (limited to the textual
matter of the drawings) submitted by the international filing date;
2. A Korean translation of the abstract of the application for international utility model registration.
(2) Notwithstanding paragraph (1), if an applicant who has filed for international utility model registration
in a foreign language has amended any of the claims pursuant to Article 19 (1) of the Patent Cooperation
Treaty, the applicant may submit a Korean translation of the amended claims in lieu of the Korean
translation of the claims filed by the international filing date.
(3) An applicant who has submitted the Korean translation under paragraph (1) may submit a new Korean
translation to replace the previous translation during the period for submitting domestic documents
(referring to the extended period for submitting the Korean translation, if the applicant has submitted a
document to request an extension of such period under the proviso to the partial provisions other than each
subparagraph of paragraph (1); hereafter the same shall apply in this Article): Provided, That the same
shall not apply where the applicant has already filed a request for examination of the application.
(4) Where an applicant referred to in paragraph (1) fails to submit a Korean translation of a description of
the device and the claims under paragraph (1) during the period for submitting domestic documents, the
applicant shall be deemed to have withdrawn his/her application for utility model registration.
(5) Where an applicant for utility model registration submits a Korean translation (referring to the Korean
translation last submitted, if a new Korean translation has been submitted under the main sentence of
paragraph (3); hereafter referred to as "final Korean translation" in this Article) of a description of the
device, claims, or drawings (limited to the textual matter of the drawings) under paragraph (1) by the last
date of the period for submitting domestic documents (referring to the filing date of a petition, if the
applicant files a request for examination of the application within the period for submitting domestic
documents; hereinafter referred to as "reference date"), the applicant shall be deemed to have corrected the
description of the device, claims, or drawings (limited to the textual matter of the drawings), which were
submitted by the international filing date, under Article 47 (1) of the Patent Act as applied mutatis
mutandis pursuant to Article 11 of this Act according to a final Korean translation on the international
filing date.
(6) An applicant for utility model registration may correct any error in a final Korean translation in the
manner prescribed by Ordinance of the Ministry of Trade, Industry and Energy during the period in which
the applicant is permitted to make amendments under Article 47 (1) of the Patent Act as applied mutatis
mutandis pursuant to Article 11 of this Act or Article 208 (1) of the Patent Act as applied mutatis
mutandis pursuant to Article 41 of this Act. In such cases, paragraph (5) shall not apply to a corrected
Korean translation.(7) Where any error is corrected during the period specified in Article 47 (1) 1 or 2 of the Patent Act as
applied mutatis mutandis pursuant to Article 11, under the former part of paragraph (6), all the corrections
made prior to the final correction shall be deemed never made in the first place. <Newly Inserted on Feb. 29,
2016>
(8) Article 204 (1) and (2) of the Patent Act as applied mutatis mutandis pursuant to Article 41 of this Act
shall not apply where a Korean translation of the corrected claims is submitted pursuant to paragraph (2).
<Amended on Feb. 29, 2016>
 
Article 36 (Submission of Drawings)
(1) An applicant for international utility model registration shall submit drawings (including the brief text
thereof) to the Commissioner of the Korean Intellectual Property Office by the reference date if the
drawings are not included in the international application submitted on the international filing date.
(2) The Commissioner of the Korean Intellectual Property Office may order the relevant applicant for
international utility model registration to submit the drawings within the designated period if the drawings
under paragraph (1) have not been submitted by the reference date. The same shall also apply where the
Korean translation of the textual matter of the drawings under Article 35 (1) or (3) has not been submitted
by the reference date.
(3) The Commissioner of the Korean Intellectual Property Office may declare that an international utility
model registration is void if the applicant who was ordered to submit the drawings under paragraph (2)
fails to do so within the designated period.
(4) Where an applicant has submitted the drawings and Korean translation thereof under paragraph (1) or
(2), he/she shall be deemed to have made correction under Article 47 (1) of the Patent Act as applied
mutatis mutandis pursuant to Article 11 of this Act according to the drawings and Korean translation
thereof. In such cases, the period allowed for correction under Article 47 (1) of the Patent Act shall not
apply to the submission of such drawings.
 
Article 37 (Restriction on Filing Timing of Converted Application)
Notwithstanding Article 10 (1) of this Act, an applicant, who filed an international application regarded as
a patent application filed on the filing date of the international application under Article 199 (1) of the
Patent Act, may file a converted application to convert the patent application into the utility model
registration, only after the applicant completes the payment for official fees in accordance with Article 82
(1) of the Patent Act and submits the Korean translation (excluding cases where the international
application was prepared in the Korean language) in accordance with Article 201 (1) of the same Act (only
after a decision is made under Article 214 (4) of the Patent Act, where the application for the amendment
is based on an international application regarded as filed on the date recognizable as the filing date of the
international application under the same paragraph). 
Article 38 (Restriction on Request Timing for Examination of Application)
Notwithstanding Article 12 (2), a request for examination of an international utility model registration
may be filed at either of the following times:
1. After a Korean translation is submitted under Article 35 (1) (excluding an application for
international utility model registration filed in Korean) and official fees under Article 17 (1) are fully
paid, if the request is made by an applicant of the international utility model registration;
2. After the lapse of the period for submitting domestic documents (referring to an extended period for
submitting Korean translations, if a written request has been filed for an extension of such period under
the proviso to the partial provisions other than each subparagraph of Article 35 (1)).
 
Article 39 Deleted. <Jun. 11, 2014>
 
Article 40 (International Application Recognizable as Utility Model Registration by Decision)
(1) Where an international application (limited to utility model registration), which includes the Republic
of Korea in the designated states referred to in Article 4 (1) (ii) of the Patent Cooperation Treaty falls
under any of the following subparagraphs, the relevant applicant may request the Commissioner of the
Korean Intellectual Property Office to make a decision pursuant to Article 25 (2) (a) of the same Treaty,
by the deadline prescribed by Ordinance of the Ministry of Trade, Industry and Energy, as prescribed by
Ordinance of the Ministry of Trade, Industry and Energy:
1. Where a receiving office referred to in Article 2 (xv) of the Patent Cooperation Treaty has rejected
such international application pursuant to Article 25 (1) (a) of the same Treaty;
2. Where a receiving office referred to in Article 2 (xv) of the Patent Cooperation Treaty has made a
declaration on such international application pursuant to Article 25 (1) (a) or (b) of the same Treaty;
3. Where the International Bureau referred to in Article 2 (xix) of the Patent Cooperation Treaty has
recognized such international application pursuant to Article 25 (1) (a) of the same Treaty.
(2) A person who intends to file a request under paragraph (1) shall submit to the Commissioner of the
Korean Intellectual Property Office a written request accompanied by a Korean translation of descriptions
of a device, claims or drawings (limited to the textual matter thereof) and other documents related to the
international application prescribed by Ordinance of the Ministry of Trade, Industry and Energy as
relevant to the international application.
(3) Upon receiving a request under paragraph (1), the Commissioner of the Korean Intellectual Property
Office shall make a decision on whether the rejection, declaration or recognition has been made
illegitimately in connection with the request in accordance with the Patent Cooperation Treaty and the
regulations thereunder.
(4) Where the Commissioner of the Korean Intellectual Property Office makes a decision under paragraph
(3) to the effect that the rejection, declaration or recognition has been made illegitimately under the PatentCooperation Treaty and the regulations thereunder, the relevant international application shall be regarded
as utility model registration filed on the date which would have been recognized as the international filing
date if no such rejection, declaration, or recognition had been made with respect to the said international
application.
(5) Where the Commissioner of the Korean Intellectual Property Office makes a decision on whether the
application is justifiable pursuant to paragraph (3), he/she shall serve a certified copy of the decision on
the person who has filed the international application.
(6) Articles 200, 202 (1) and (2), and 208 of the Patent Act as applied mutatis mutandis pursuant to
Articles 34 (2), 34-2, 35 (5) through (8), 38, and 41 of this Act shall apply mutatis mutandis to
international applications regarded as utility model registration under paragraph (4). <Amended on Feb. 29,
2016>
(7) As to the publication of an international application regarded as utility model registration under
paragraph (4), "the date specified in any of the following" under Article 64 (1) of the Patent Act as applied
mutatis mutandis pursuant to Article 15 of this Act shall be construed as "priority date under Article 35
(1)."
 
Article 41 (Mutatis Mutandis Application of the Patent Act)
@Articles 192 through 198, 198-2, 200, 202 through 208, and 211 of the Patent Act shall apply mutatis
mutandis to international utility model registration.
 
CHAPTER IX SUPPLEMENTARY PROVISIONS 
 
Article 42 (Utility Model Gazette)
(1) The Commissioner of the Korean Intellectual Property Office shall publish the Utility Model Gazette
as prescribed by Presidential Decree.
(2) The Utility Model Gazette may be published in an electronic medium, as prescribed by Ordinance of
the Ministry of Trade, Industry and Energy.
(3) If the Utility Model Gazette is published in an electronic medium, the Commissioner of the Korean
Intellectual Property Office shall publicly announce the issuance of the Utility Model Gazette, its main
contents and service by public announcement through an information and communication network.
 
Article 43 (Legal Fiction of Executive Officers and Employees of Specialized Institutions, etc. as Public
Officials)
An executive officer or an employee who is currently working, or has ever worked, for a specialized
organization as provided for in Article 58 (1) of the Patent Act as applied mutatis mutandis pursuant to
Article 15 or an agency for affairs of digitizing patent documents as provided for in Article 217-2 (3) of
the Patent Act as applied mutatis mutandis pursuant to Article 44 shall be deemed an incumbent or formerpublic official of the Korean Intellectual Property Office in applying Article 46 of this Act.
 
Article 44 (Application Mutatis Mutandis of the Patent Act)
@Articles 215, 215-2, 216, 217, 217-2, 218 through 220, 222 through 224, and 224-2 through 224-5 of the
Patent Act shall apply mutatis mutandis to utility models.
 
CHAPTER X  PENALTY PROVISIONS 
 
Article 45 (Offense of Infringement)
(1) Any person who infringes on a utility model right or exclusive license thereof shall be punished by
imprisonment with labor for not more than seven years or by a fine not exceeding 100 million won.
(2) No public prosecution for an offense under paragraph (1) shall be initiated against the intention
expressed by a victim. <Amended on Jun. 10, 2022>
 
Article 46 (Offense of Divulging Confidential Information, etc.)
An incumbent or former employee of the Korean Intellectual Property Office or the Intellectual Property
Tribunal who discloses or misappropriates confidential information about a device (including a device for
which an international application is pending) disclosed in a pending utility model registration to which
he/she had access in the course of performing his/her duties shall be punished by imprisonment with labor
for not more than five years or by a fine not exceeding 50 million won.
 
Article 47 (Offense of Perjury)
(1) A witness, expert witness or interpreter who makes a false statement, testimony, or interpretation
before the Intellectual Property Tribunal under oath made in accordance with the provisions of the Civil
Procedure Act as applied mutatis mutandis pursuant to Article 33 of this Act and Article 157 (2) of the
Patent Act shall be punished by imprisonment with labor for not more than five years or by a fine not
exceeding 50 million won. <Amended on Mar. 21, 2017>
(2) The punishment of a person who commits an offense under paragraph (1) may be mitigated or
exempted if the offender voluntarily appears to admit his/her offense before a decision or trial decision on
the relevant application for revocation of utility model registration related to the case becomes final and
binding. <Amended on Feb. 29, 2016>
 
Article 48 (Offense of False Indication)
A person who violates any of subparagraphs 1 through 3 of Article 224 of the Patent Act as applied
mutatis mutandis pursuant to Article 44 of this Act shall be punished by imprisonment with labor for not
more than three years or by a fine not exceeding 30 million won. <Amended on Mar. 21, 2017> 
Article 49 (Offense of Fraud)
A person who has obtained utility model registration or the extended registration of the term of a utility
model right, or has received a decision or trial decision on an application for revocation of utility model
registration by deceit or other fraudulent means shall be punished by imprisonment with labor for not
more than three years or by a fine not exceeding 30 million won. <Amended on Feb. 29, 2016; Mar. 21, 2017>
 
Article 49-2 (Offense of Breach of Confidentiality)
(1) Any person who breaches confidentiality provided in Article 224-3 (1) of the Patent Act as applied
mutatis mutandis pursuant to Article 44 in the Republic of Korea or any foreign country without any
justifiable grounds shall be punished by imprisonment with labor for not more than five years or by a fine
not exceeding 50 million won.
(2) No public prosecution against an offense provided in paragraph (1) may be initiated unless a complaint
is filed by a person who has made a confidentiality request.
 
Article 50 (Joint Penalty Provisions)
If the representative of a juristic person, or an agent, an employee or any other employee of a juristic
person or individual has committed an offense falling under any of Articles 45 (1), 48 or 49 with respect to
the duties of the juristic person or individual, not only shall the offender be punished, but also the juristic
person shall be punished by a fine according to the following classifications, and the individual shall be
punished by a fine referred to in the relevant provisions: Provided, That this shall not apply where the
juristic person or individual has not neglected to exercise due attention and supervision for the relevant
duties in order to prevent such offense:
1. In cases of Article 45 (1): A fine not exceeding 300 million won;
2. In cases of Article 48 or 49: A fine not exceeding 60 million won.
 
Article 51 (Confiscation, etc.)
(1) An article that has caused the infringement falling under Article 45 (1) or an article produced from
such infringement may be confiscated or a judgment may be given to deliver such article to the injured
party upon the injured party's request.
(2) An injured party may claim the compensation only for the amount of losses exceeding the value of an
article under paragraph (1), if he/she has received such article.
 
Article 52 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding 500,000 won:
1. A person who makes a false statement before the Intellectual Property Tribunal under oath taken
pursuant to Articles 299 (2) and 367 of the Civil Procedure Act;2. A person who fails, without justifiable grounds, to comply with an order issued by the Intellectual
Property Tribunal to submit documents or other articles for investigation or preservation of evidence;
3. A person who fails, without justifiable grounds, to follow the summons to appear before the
Intellectual Property Tribunal as a witness, expert witness, or interpreter, or refuses to take an oath,
make a statement, testify, provide an expert opinion, or interpret.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Commissioner of the
Korean Intellectual Property Office, as prescribed by Presidential Decree.
 
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2006: Provided, That the amended provisions of Articles 5,
7 (4) (proviso), and 52, and the provisions of Article 3 (proviso) of the Addenda shall enter into force on
the date of its promulgation.
Article 2 (Applicability concerning Requirements for Utility Model Registration)
The amended provisions of Articles 4 (1) 1, 5 (1), and 7 (4) shall apply to applications for utility model
filed on or after the date each of these provisions enters into force.
Article 3 (General Transitional Measures)
The applications for utility model registration and examination thereof, the utility model registration,
the utility model right, trial, review, and litigation filed or pending as at the time this Act enters into
force shall be governed by the previous provisions: Provided, That the same shall not apply to any of
the following subparagraphs:
1. Technical evaluation of utility model, to which the provisions of Article 77 (3) of the Patent Act as
applied mutatis mutandis pursuant to the previous provisions of Article 27 (4) shall apply;
2. Objection filed against utility model registration, to which the provisions of Article 77 (3) of the
Patent Act as applied mutatis mutandis pursuant to the previous provisions of Article 48 shall apply.
Article 4 (Transitional Measures concerning Objection Filed against Utility Model Registration)
The objections filed against utility model registration on or before June 30, 2007 shall be governed by
the previous provisions.
Article 5 Omitted.
 
 
ADDENDA <Act No. 8193, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2007.
Article 2 (Applicability to Utility Model Registration)
The amended provisions of Article 8, the proviso to Article 12 (2) and subparagraph 4 of Article 13
shall apply, starting with the first application filed for utility model registration after this Act enters intoforce.
Article 3 (Applicability to Correction of Utility Model Registration in Procedures for Judging
Invalidity of Utility Model Registration)
The amended provisions of Article 133-2 of the Patent Act applied mutatis mutandis in Article 33 shall
apply, starting with the first request initiated for judging the invalidity of utility model registration after
this Act enters into force.
Article 4 (Applicability to Supplement of Written Explanation and Draw- ing in Confirmation
Judgment on Scope of Right)
The amended provisions of Article 140 (2) 2 of the Patent Act as applied mutatis mutandis in Article 33
shall apply, starting with the first request initiated for judging the confirmation of the scope of the right
after this Act enters into force.
Article 5 (General Transitional Measures)
The application for utility model registration and the examination, judgment, re-examination and a
litigation concerning the application for utility model registration, which is first filed according to the
previous provisions as at the time this Act enters into force, shall be governed by the previous
provisions.
 
 
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
 
 
ADDENDUM <Act No. 9234, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
 
 
ADDENDA <Act No. 9371, Jan. 30, 2009>
(1) (Enforcement Date) This Act shall enter into force on July 1, 2009: Provided, That the amended
provisions of Articles 4 (4), 11, 14 (2), 40, 43, and 46 through 50 shall enter into force on the date of its
promulgation.
(2) (Applicability to Requirements for International Utility Model Registration Filed in Korean Language)
The amended provisions of Article 4 (4) shall apply to an international utility model registration filed in the
Korean language on or after January 1, 2009.
(3) (Applicability to Late Payment or Supplement of Registration Fees) The amended provisions of Article
16 shall apply to the payment of a registration fee which is made on or after this Act enters into force.(4) (General Transitional Measures) The previous provisions shall apply to utility model registration filed
pursuant to the previous provisions as at the time this Act enters into force.
 
 
ADDENDA <Act No. 10502, Mar. 30, 2011>
(1) (Enforcement Date) This Act shall enter into force on July 1, 2011.
(2) (Applicability to Applications, etc. for Registration of Utility Models) The amended provisions of
Articles 8 and 31 shall apply to applications filed for utility model registration on or after this Act enters into
force.
 
 
ADDENDA <Act No. 11114, Dec. 2, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date "Free Trade Agreement between the Republic of Korea and
the United States of America and Exchange of Letters related to the Agreement" takes effect.
Article 2 (Applicability to Devices Deemed as Unknown, etc.)
The amended provisions of Article 5 shall apply to applications filed for utility model registration on or
after this Act enters into force.
Article 3 (Applicability to Extensions, etc. of Term of Utility Model Rights due to Registration Delay)
@Article 83 of the Patent Act applied mutatis mutandis in Article 20, Articles 132-3, 139, 165, 176 and
187 of the Patent Act applied mutatis mutandis in Article 33, and the amended provisions of Articles
22-2 through 22-6, and 31-2 apply, to applications filed for utility model registration on or after this Act
enters into force.
Article 4 (Applicability to Confidentiality Orders, etc.)
The amended provisions of Articles 224-3 through 224-5 of the Patent Act applied mutatis mutandis in
the amended provisions of Article 44 shall apply to lawsuit field for an infringement on a utility model
right or an exclusive right on or after this Act enters into force.
Article 5 (Transitional Measures upon Rescinding Revocation of Utility Model Rights)
The revocation of a utility model right, the grounds for revocation of which have arisen as prescribed in
Article 116 of the Patent Act as applied mutatis mutandis pursuant to the previous Article 28 before this
Act enters into force shall be governed by the previous provisions.
 
 
ADDENDA <Act No. 11653, Mar. 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2013. Provided, That Article 10 (6) and Article 12 (3) shall
enter into force on the date of its promulgation.Article 2 (Applicability to Converted Application)
The amended provisions of Article 10 (6) shall apply from the converted application filed after the same
amended provisions enter into force.
Article 3 (Applicability to Restoration of Utility Model Registration)
The amended provisions of Article 15 shall apply from the utility model registration filed after this Act
enters into force.
Article 4 (Transitional Measures concerning Requirements for Utility Model Registration)
Notwithstanding the amended provisons of Article 4 (1) 2 of this Act, the previous provisions shall
apply with respect to the utility model registration filed pursuant to the previous provisions before this
Act enters into force.
 
 
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
 
 
ADDENDA <Act No. 11848, May 28, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2014. (Proviso Omitted.)
Articles 2 through 20 Omitted.
 
 
ADDENDA <Act No. 11962, Jul. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
 
 
ADDENDA <Act No. 12752, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Article 2 (Applicability to Arrival Time of Documents Given Notice to or Served by Electronic
Document)The amended provisions of Article 28-5 (3) of the Patent Act (Act No. 12753) as applied mutatis
mutandis pursuant to the amended provisions of Article 3 shall apply from documents given notice to or
served pursuant to the amended provisions of Article 28-5 (1) of the same Act after this Act enters into
force.
Article 3 (Applicability to Reinstatement of Utility Model Rights Extinguished due to Failure to Pay
Registration Fees)
The amended provisions of Article 81-3 (3) of the Patent Act (Act No. 12753) as applied mutatis
mutandis pursuant to the amended provisions of Article 20 shall apply from the first request for
reinstatement of a utility model right filed after the same amended provisions enter into force.
Article 4 (Applicability to Trials for Correction)
The amended proviso to Article 136 (1) and the amended proviso to Article 136 (6) of the Patent Act
(Act No. 12753) as applied mutatis mutandis pursuant to Article 33 shall apply from the first trial for
correction, for which a petition is filed after this Act enters into force.
Article 5 (Applicability to Trials on Invalidation of Correction)
The amended provisions of Article 137 (1) and (4) of the Patent Act (Act No. 12753) as applied mutatis
mutandis pursuant to Article 33 shall apply from the first trial on invalidation of correction, for which a
petition is filed after this Act enters into force.
Article 6 (Applicability to Amendment of Petitioner for Trial)
The amended provisions of Articles 140 (2) 1 and 140-2 (2) 1 of the Patent Act (Act No. 12753) as
applied mutatis mutandis pursuant to Article 33 of this Act shall apply from the first trial, for which a
petition is filed after this Act enters into force.
Article 7 (Applicability to Provision of Information during Trials on Appeal against Decision
Rejecting Utility Model Registration)
The amended provisions of the former part of Article 170 (1) of the Patent Act (Act No. 12753) as
applied mutatis mutandis pursuant to Article 33 (limited to the part to which the amended provisions of
Article 63-2 of the same Act apply mutatis mutandis) shall also apply to applications for utility model
registration on which trial on an appeal against a ruling to reject is pending at the time this Act enters
into force, notwithstanding Article 8 of this Addenda.
Article 8 (General Transitional Measures)
The former provisions shall apply to applications for utility model registration filed before this Act
enters into force and to examinations and trials on an application for utility model registration pending
at the time this Act enters into force.
Article 9 (Transitional Measures concerning Requirements for Utility Model Registration, etc.)
Notwithstanding the amended provisions of Article 4 (5) through (7), the former provisions of Article 4
(4) shall apply where an application for utility model registration or a patent application under the
former provisions of Article 4 (3) was filed before this Act enters into force, and a separate application
for utility model registration stating a device identical to the device or invention described in thedescription or drawings initially accompanying the former application for utility model registration is
filed after this Act enters into force.
Article 10 (Transitional Measures concerning Deferment of Submission of Claims)
The former provisions shall apply to an application for utility model registration filed before this Act
enters into force, along with the description in which the claims are not stated pursuant to the former
provisions of Article 8 (5).
Article 11 (Relationship to other Acts and Subordinate Statutes)
A citation of any provisions of the former Utility Model Act by any other Act or subordinate statute at
the time this Act enters into force shall be deemed a citation of the corresponding provisions of this Act
in lieu of the former provisions, if such corresponding provisions exist herein.
 
 
ADDENDA <Act No. 13088, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicable Example)
The amended provisions of Article 11 shall apply beginning with the first application for the
registration of a utility model after this Act enters into force.
 
 
ADDENDA <Act No. 14034, Feb. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Corrections of Korean Translation)
The amended provisions of Articles 8-3 (7) and 35 (7) (including where the provisions are applied
mutatis mutandis pursuant to Article 40 (6)) shall begin to apply from the first correction of the Korean
translation made after this Act enters into force.
Article 3 (Applicability to Dismissal of Amendments)
The amended provisions of Article 51 (1) 1 of the Patent Act (Act No. 14035) as applied mutatis
mutandis pursuant to Article 11 shall begin to apply from the first ex officio amendment made after this
Act enters into force.
Article 4 (Applicability to Revocation, etc. of Designation of Specialized Institutions)
The amended provisions of Article 58-2 (1) of the Patent Act (Act No. 14035) as applied mutatis
mutandis pursuant to Article 15 shall begin to apply from the first executive officer or employee of a
specialized institution who divulges or misappropriates any confidential information he/she has learned
in the course of performing his/her duties about a device, for which an application for utility model
registration is pending (including a device for which an international application is pending), after thisAct enters into force.
Article 5 (Applicability to Order to Submit Results of Examination Overseas)
The amended provisions of Article 63-3 of the Patent Act (Act No. 14035) as applied mutatis mutandis
pursuant to Article 15 shall also apply to an application for utility model registration claiming priority
filed before this Act enters into force.
Article 6 (Applicability to Ex Officio Re-Examinations)
The amended provisions of Article 66-3 of the Patent Act (Act No. 14035) as applied mutatis mutandis
pursuant to Article 15 shall begin to apply from the first application for utility model registration for
which a decision to approve utility model registration is made after this Act enters into force.
Article 7 (Applicability to Publication of Registration of Utility Model Rights)
The amended provisions of Article 21 (3) shall begin to apply from the first
publication of registration of a utility model right the registration of establishment of which is made
after this Act enters into force.
Article 8 (Applicability to Requests for Transfer of Utility Model Rights)
The amended provisions of Article 99-2 of the Patent Act (Act No. 14035) as applied mutatis mutandis
pursuant to the amended provisions of Article 28 shall begin to apply from the first utility model right
of an ineligible person, the registration of establishment of which is made after this Act enters into
force.
Article 9 (Applicability to Extinguishment of Utility Model Rights of Corporations Under Liquidation
Procedures)
The amended provisions of Article 124 (2) of the Patent Act (Act No. 14035) as applied mutatis
mutandis pursuant to Article 28 shall begin to apply from the utility model rights of the first corporation
for which the completion of liquidation is registered after this Act enters into force.
Article 10 (Applicability to Applications for Revocation of Utility Model Registration)
The following amended provisions shall begin to apply from the first utility model right the registration
of establishment of which is made after this Act enters into force:
1. The amended provisions of Article 30-2;
2. The amended provisions of Articles 132-3 through 132-15 of the Patent Act (Act No. 14035) as
applied mutatis mutandis pursuant to the amended provisions of Article 30-3.
Article 11 (Applicability to Corrections of Utility Model Registration during Trial for Invalidation of
Utility Model Registration)
(1) The amended provisions of the latter part of Article 133-2 (1) of the Patent Act (Act No. 14035) as
applied mutatis mutandis pursuant to Article 33 shall also apply to the correction of a utility model
registration for which a trial for invalidation is pending as at the time this Act enters into force.
(2) The following amended provisions as applied mutatis mutandis pursuant to Article 33 shall begin to
apply from the first request for a correction of the specification or any drawing of a registered utility
model filed after this Act enters into force:1. The amended provisions of the former part of Article 133-2 (4) of the Patent Act (Act No. 14035)
(limited to the part to which the amended provisions of the proviso to Article 136 (8) of the same Act
apply mutatis mutandis);
2. The amended provisions of the latter part of Article 133-2 (4) of the Patent Act (Act No. 14035)
(limited to the amendments related to Article 133-2 (1) of the same Act);
3. The amended provisions of Article 133-2 (5) of the Patent Act (Act No. 14035).
Article 12 (Applicability to Consent, etc. to Petitions for Trial for Corrections)
The amended provisions of Article 136 (8) and (9) of the Patent Act (Act No. 14035) as applied mutatis
mutandis pursuant to Article 33 shall begin to apply from the first petition for trial for a correction filed
after this Act enters into force.
Article 13 (Applicability to Trial to Invalidate Corrections)
(1) The amended provisions of the latter part of Article 137 (3) of the Patent Act (Act No. 14035) as
applied mutatis mutandis pursuant to Article 33 shall also apply to a trial for invalidation pending as at
the time this Act enters into force.
(2) The amended provisions of Article 137 (4) of the Patent Act (Act No. 14035) (limited to the part to
which any of the following amended provisions apply mutatis mutandis) as applied mutatis mutandis
pursuant to Article 33 shall begin to apply from the first request for a correction of the specification or
any drawing of a registered utility model filed after this Act enters into force:
1. The amended provisions of the former part of Article 133-2 (4) of the Patent Act (Act No. 14035)
(limited to the part to which the amended provisions of the proviso to Article 136 (8) of the same Act
apply mutatis mutandis);
2. The amended provisions of the latter part of Article 133-2 (4) of the Patent Act (Act No. 14035)
(limited to the amendments related to Article 133-2 (1) of the same Act);
3. The amended provisions of Article 133-2 (5) of the Patent Act (Act No. 14035).
Article 14 (Applicability to Dismissal of Petitions for Trial, etc.)
The amended provisions of Article 141 (2) of the Patent Act (Act No. 14035) as applied mutatis
mutandis pursuant to Article 33 shall begin to apply from the first petition for trial filed after this Act
enters into force.
Article 15 (Applicability to Application Mutatis Mutandis of Provisions concerning Examination to
Trial on Decision to Reject Utility Model Registration)
The amended provisions of Article 170 (1) of the Patent Act (Act No. 14035) (limited to the
amendments related to Article 47 (4) of the same Act) as applied mutatis mutandis pursuant to Article
33 shall also apply to amendments to an application for utility model registration for which a trial on a
decision to reject utility model registration is pending as at the time this Act enters into force.
Article 16 (Transitional Measures concerning Request for Extension of Period for Filing Petition for
Trial on Decision to Reject Utility Model Registration, etc.)A person who has requested the President of the Intellectual Property Tribunal to extend the period for
filing a petition for trial on a decision to reject utility model registration or for trial on a decision to
reject extended registration of the term of a utility model right pursuant to the main sentence of Article
15 (1) of the former Patent Act as applied mutatis mutandis pursuant to Article 3 before this Act enters
into force, shall be deemed to have requested the Commissioner of the Korean Intellectual Property
Office to do so pursuant to the amended provisions of the main sentence of Article 15 (1) of the Patent
Act (Act No. 14035) as applied mutatis mutandis pursuant to Article 3.
Article 17 (Transitional Measures concerning Subsequent Completion of Procedure)
Where the period for subsequently completing the relevant procedure has already passed pursuant to the
former provisions as at the time this Act enters into force, the former provisions shall apply,
notwithstanding the amended provisions of Article 17 of the Patent Act (Act No. 14035) as applied
mutatis mutandis pursuant to Article 3.
Article 18 (Transitional Measures concerning Retrospective Application of Filing Dates of
Applications for Utility Model Registration for Legitimate Right-Holders)
The former provisions shall apply to an ineligible person's utility model right the registration of
establishment of which has been made before this Act enters into force, notwithstanding the amended
provisions of the proviso to Article 35 of the Patent Act (Act No. 14035) as applied mutatis mutandis
pursuant to Article 11.
Article 19 (Transitional Measures concerning Ex Officio Amendments)
The former provisions shall apply to any ex officio amendment to the specification, drawings, or
abstract accompanying an application for utility model registration made before this Act enters into
force, notwithstanding the amended provisions of Article 66-2 of the Patent Act (Act No. 14035) as
applied mutatis mutandis pursuant to Article 15.
Article 20 (Transitional Measures concerning Trial for Invalidation of Utility Model Registration)
Notwithstanding the amended provisions of Article 31 (1), the former provisions shall apply to a utility
model right the registration of establishment of which has been made before this Act enters into force.
Article 21 (Transitional Measures concerning Permission to Inspect Documents)
The former provisions shall apply to an earlier application, which has been filed before this Act enters
into force and forms the basis of priority claims under Article 55 (1) of the Patent Act (Act No. 14035)
as applied mutatis mutandis pursuant to Article 11, notwithstanding the amended provisions of Article
216 (2) of the Patent Act (Act No. 14035) as applied mutatis mutandis pursuant to Article 44.
 
 
ADDENDA <Act No. 14112, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.Articles 2 through 10 Omitted.
 
 
ADDENDUM <Act No. 14690, Mar. 21, 2017>
This Act shall enter into force after six months after the date of its promulgation.
 
 
ADDENDA <Act No. 16208, Jan. 8, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
 
 
ADDENDA <Act No. 18098, Apr. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
 
 
ADDENDA <Act No. 18409, Aug. 17, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months from the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
 
 
ADDENDA <Act No. 18505, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 13 Omitted.
 
 
ADDENDA <Act No. 18890, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Litigations)
The amended provisions of Article 45 (2) shall begin to apply to offenses committed on or after the date
this Act enters into force. 
 
 
Last updated : 2023-03-14