WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/KOR/P/4 
3 March 2011 
 (11-1083) 
  
Council for Trade-Related Aspects  of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
REPUBLIC OF KOREA 
 
  The present document reproduces the text
1 of the Patent Act and the Enforcement Decree of 
the Patent Act, as notified by the Republic of  Korea on 25 October 2010 under Article 63.2 of the 
Agreement (see document IP/N/1/KOR/2).  
 Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE DE CORÉE 
 
  Le présent document contient les textes
1 de la Loi sur les brevets et du Décret d'application y 
relatif, notifiés par la République de Corée le 25 oc tobre 2010 au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/1/KOR/2).  
 Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA DE COREA 
 
  En el presente documento se reproduce el texto
1 de la Ley de Patentes y de su Decreto de 
aplicación, notificados por la República de Corea el 25 de octubre de 2010 de conformidad con el 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/KOR/2). 
 
                                                      
1 In English only/En anglais seu lement./En inglés solamente. IP/N/1/KOR/P/4 
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PATENT ACT 
  
CHAPTER I GENERAL PROVISIONS  
Article 1 (Purpose) The purpose of this Act is to encourage, prot ect and utilize inventions, thereby promoting the 
development of technology, and to contri bute to the development of industry. 
Article 2 (Definitions) 
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 5080, 
Dec. 29, 1995> 
1.The term "invention" means the highly advanced cr eation of technical ideas utilizing laws of nature; 
2.The term "patented invention" means an invention for which a patent has been granted;  3.The term "working" means any of the following acts: (a) In cases of an invention of a product, acts of manufacturing, using, assigning, leasing, 
importing, or offering for assigning or leasing (including displaying for the purpose of assignment or 
lease; hereinafter the same shall apply) the product;  
(b) In cases of an invention of a process, acts of using the process;  (c) In cases of an invention of a process of manufacturing a product, acts of using, assigning, 
leasing, importing, or offering for assigning or leasing the product manufactured by the process, in 
addition to the acts mentioned in item (b).  
Article 3 (Capacity of Minors, etc.) (1)Minors, quasi-incompetents and incompetents shall not initiate the procedure for filing an 
application, requesting an examination, or any othe r patent-related procedure (hereinafter referred to 
as "patent-related procedure") unless represented by th eir legal representatives: Provided, That this 
shall not apply where a minor or a quasi-incompe tent may perform a legal act independently.  
(2)The legal representative as referred to in paragr aph (1) may, without the consent of the family 
council, act in any trial or retrial procedures initia ted by another party. <Amended by Act No. 4892, 
Jan. 5, 1995; Act No. 5329, Apr. 10, 1997; Act No. 7871, Mar. 3, 2006>  
(3)Deleted. <by Act No. 7871, Mar. 3, 2006> Article 4 (Associations, etc., Other than Juristic Person) 
A representative or an administrator, who has b een so designated by an association or a foundation 
which is not a juristic person, may request the exam ination of a patent application or appear as a 
plaintiff or defendant in a trial or a retrial in  its association or foundation name. <Amended by Act 
No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006>  
Article 5 (Patent Administrator for Overseas Residents) 
(1)A person who has neither an address nor a place of business in the Republic of Korea (hereinafter 
referred to as an "overseas resident") may not, except in cases where an overseas resident (or a representative thereof if a juristic person) is sojour ning in the Republic of Korea, initiate any patent- 
related procedure, nor appeal any decision taken by an administrative  agency in accordance with this 
Act or any order thereunder, unless he /she is represented by an agent with respect to his/her patent, 
who has an address or a place of business in the Republic  of Korea (hereinafter referred to as a "patent 
administrator"). <Amended by Act No. 6411, Feb. 3, 2001> IP/N/1/KOR/P/4 
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(2)The patent administrator shall, within the scope  of powers conferred on him, represent the principal 
in all procedures relating to a patent and in any ap peal against a decision taken by an administrative 
agency in accordance with this  Act or any order thereunder. <Amended by Act No. 6411, 
Feb. 3, 2001> 
(3) and (4) Deleted. <by Act No. 6411, Feb. 3, 2001> 
Article 6 (Scope of Authority of Representative) 
An agent who is instructed to initiate a patent -related procedure before the Korean Intellectual 
Property Office by a person who has an address or a place of business in the Republic of Korea shall not, unless expressly so empowered, convert, abandon or withdraw an application for a patent, withdraw an application to register an extension of  the term of a patent right, abandon a patent right, 
withdraw a petition, withdraw a request make or withdraw a priority claim under Article 55 (1), 
request for a trial under Article 132-3, or appoint a sub-agent. <Amended by Act No. 4594, Dec. 10, 1993; Act No. 4892, Jan. 5, 1995; Act No. 5576, Sep. 23, 1998; Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
Article 7 (Proof of Authority of Representative) 
An agent (including a patent administrator; herein after the same shall apply) of a person who is 
initiating a patent-related procedure before the Ko rean Intellectual Property Office shall present 
written proof of his/her authority of representa tive. <Amended by Act No. 6411, Feb. 3, 2001> 
Article 7-2 (Ratification of Acts of Persons Lacking Capacity, etc.) 
Patent-related procedures, initiated by a person who lacks capacity, the power of legal representation 
or the authorization necessary to in itiate any such procedures, shall ha ve effect retroactively to the 
time when such procedures are performed if the proc edures are ratified by the principal when he/she 
has gained capacity to proceed.  
[This Article Newly Inserted by Act No. 7871, Mar. 3, 2006] Article 8 (Non-extinction of Powers of Attorney) A authority of a representative delegated by a pers on initiating a patent-related procedure shall not be 
extinguished upon the death or loss of legal capacity of the principal, the extinction of a juristic 
person of the principal due to a merger, the terminati on of the duty of trust of the principal, the death 
or loss of legal capacity of the legal representativ e, or the modification or extinction of his/her 
authority of representative.  
Article 9 (Independence of Representation) Where two or more representatives of a person in itiating a patent-related procedure have been 
designated, each of them shall independently repr esent the principal before the Korean Intellectual 
Property Office or the Intellectual Property Tribunal. <Amended by Act No. 4892, Jan. 5, 1995> 
Article 10 (Replacement of Representative, etc.) (1)When the Commissioner of the Korean Intellect ual Property Office or the presiding administrative 
patent judge considers that a person initiating a pa tent-related procedure is  not qualified to conduct 
such a procedure without difficulties or make oral st atements, etc., he/she may order, ex officio, the 
appointment of an representative to conduct the procedure. <Amended by Act No. 6411, 
Feb. 3, 2001> 
(2)When the Commissioner of the Korean Intellect ual Property Office or the presiding administrative 
patent judge considers that the representative of a person initiating a patent-re lated procedure is not 
qualified to conduct such procedure without difficulties or make oral statements, etc. he/she may 
order, ex officio, the replacement of the represen tative. <Amended by Act No. 6411, Feb. 3, 2001> IP/N/1/KOR/P/4 
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(3)The Commissioner of the Korean Intellectual Property Office or the presiding administrative patent judge may order the appointment of a patent attorney  to conduct the procedure, in the case referred to 
in paragraph (1) or (2) of this Article.  
(4)The Commissioner of the Korean Intellectual Property Office or the presiding administrative patent 
judge may invalidate any action taken before th e Korean Intellectual Property Office or the 
Intellectual Property Tribunal by the person initiati ng the patent-related procedure referred to in 
paragraph (1) of this Article or by the representative referred to in paragraph (2) of this Article prior 
to the appointment or the replacement of the repr esentative, referred to under paragraph (1) or (2), 
respectively, after the issuance of an order referr ed to under paragraph (1) or (2). <Amended by Act 
No. 4892, Jan. 5, 1995> 
Article 11 (Representation of Two or More Persons) 
(1)Where two or more persons join tly initiate a patent-related proce dure, each of them shall represent 
the joint initiators except for actions falling under any one of the following subparagraphs: Provided, 
That this provision shall not apply where those persons have appointed a common representative and have notified the Korean Intellectual Property Offi ce or the Intellectual Property Tribunal thereof: 
<Amended by Act No. 4892, Jan. 5, 1995; Act No. 5576, Sep. 23, 1998; Act No. 6411, Feb. 3, 2001; 
Act No. 7871, Mar. 3, 2006> 
1.Conversion, abandonment or withdraw al of a patent application or w ithdrawal of an application to 
register an extension of term of a patent right;  
2.Withdrawal of a petition, claim or withdrawal of a priority claim under Article 55 (1);  3.Withdrawal of a request;  
4.Request for a trial under Article 132-3.  
(2)Where the common representative has been a ppointed and notified under the provisions of 
paragraph (1), written proof showi ng that the representative has been appointed shall be presented.  
Article 12 (Mutatis Mutandis Application of Provisions of Civil Procedure Act) 
Except as specially provided for in this Act, the provisions of Part I, Chapter Ⅱ, Section 4 of the Civil 
Procedure Act shall apply mutatis mutandis to re presentatives under this Act. <Amended by Act 
No. 7871, Mar. 3, 2006> 
Article 13 (Venue of Overseas Residents) If an overseas resident has appointed a patent admini strator with respect to his/her patent right or 
other right relating to a patent, the domicile or place  of business of the patent administrator shall be 
considered to be that of the overseas resident. Where there is no such patent administrator, the 
location of the Korean Intellectua l Property Office shall be regarded as the seat of the property under 
Article 11 of the Civil Procedure Act. <Amended by Act No. 6626, Jan. 26, 2002; Act No. 7871, Mar. 3, 2006> 
Article 14 (Calculation of Periods) The periods provided for in the Act or any orde rs thereunder shall be calculated as follows: 
<Amended by Act No. 5080, Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; Act No. 7871, 
Mar. 3, 2006> 
1.The first day of the period shall not be counted unless the period starts at midnight;  2.When the period is expressed in months or years,  it shall be counted according to the calendar;  
3.When the start of the period does not coincide wi th the beginning of a month or year, the period 
shall expire on the day preceding the date in the last month or year of the period corresponding to the 
date on which the period started: Provided, That wh ere a month or year is used and there is no 
corresponding day in the last month, the period shall expire on the last day of that month;  IP/N/1/KOR/P/4 
Page 6  
  
4.If the last day of the period for executing a pate nt-related procedure falls on an official holiday 
(including the Workers' Day designated by the D esignation of Workers' Day Act and Saturdays), the 
said period shall expire on the working day following such holiday. 
Article 15 (Extension, etc. of Periods) (1)The Commissioner of the Korean Intellectual Prope rty Office or the President of the Intellectual 
Property Tribunal may, upon request or ex officio, ex tend the period of request for trial referred to in 
Article 132-3 only once up to 30 days: Provided, That  he/she may additionall y extend the number and 
period of such request for the benefit of a person  residing in an area with poor transportation. 
<Amended by Act No. 9381, Jan. 30, 2009> 
(2)When the Commissioner of the Korean Inte llectual Property Office, the President of the 
Intellectual Property Tribunal, a presiding administrativ e patent judge or an ex aminer has designated a 
period for a patent-related procedure under this Ac t, he/she may extend or reduce such period, upon 
request or ex officio. In such cases, the Commissioner of the Korean Intellectual Property Office, etc. 
shall decide to extend or reduce such period so that  any interest of an interested person for the 
relevant procedure is unduly violated. <Amended by Act No. 8197, Jan. 3, 2007>  
(3)When a presiding administrative patent judge or an examiner has designated a date for initiating a 
patent-related procedure under this  Act, he/she may change the date upon request or ex officio.  
Article 16 (Invalidation of Procedure) (1)When a person who has been ordered to make an amendment in accordance with Article 46 fails to 
do so within the designated period, the Commissione r of the Korean Intellectual Property Office or 
the President of the Intellectual Property Tribunal may invalidate the procedure related to the patent: 
Provided, That, where a person who has been ordere d to make an amendment for not paying the fees 
for a request for examination under Article 82 (2) fails to pay the said fees within the designated 
period, the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Tribunal may invalidate the amendment to the specification attached to the 
patent application. 
(2)When a patent-related procedure has been invalidat ed under paragraph (1), if the delay of the time 
is deemed to have been caused by reasons not  imputable to a person ordered to amend, the 
Commissioner of the Korean Intellectual Property O ffice or the President of the Intellectual Property 
Tribunal may revoke a disposition of invalidation at the request of a person ordered to amend within 
14 days from the date on which the reasons for the de lay ceases to exist: Provided, That this provision 
shall not apply where one year has elapsed after the designated period expires.  
(3) When the Commissioner of the Korean Inte llectual Property Office or the President of the 
Intellectual Property Tribunal takes a disposition of  invalidation under the main sentence and proviso 
of paragraph (1) or revokes a di sposition of invalidation under the main sentence of paragraph (2), 
he/she shall send a notification of such measure to a person who has been ordered to make an 
amendment. <Newly Inserted by Act No. 8197, Jan. 3, 2007> 
[This Article Wholly Amended by Act No. 6411, Feb. 3, 2001] 
Article 17 (Subsequent Completion of Procedure) If a person who initiated a patent-rela ted procedure has failed to comply with the period for requesting 
a trial under Article 132-3 or the period for demandi ng a retrial under Article 180 (1) due to a cause 
not imputable to the person, he/she may subsequen tly complete the procedure that he/she failed to 
conduct within 14 days after the said reason ceases to exist: Provided, That this shall not apply where 
one year has elapsed after the said period expires. <Amended by Act No. 4892, Jan. 5, 1995; Act 
No. 5576, Sep. 23, 1998; Act No. 6411, Feb. 3, 2001> 
Article 18 (Succession of Procedural Effects) IP/N/1/KOR/P/4 
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The effects of a procedure taken in relation to a patent or other right relating to a patent shall extend to 
the successor in title.  
Article 19 (Continuation of Procedure) Where a patent right or other right relating to a pate nt is transferred while a procedure relating to the 
patent is pending in the Korean Intellectual Propert y Office or the Intellectual Property Tribunal, the 
Commissioner of the Korean Intellectual Property O ffice or the presiding administrative patent judge 
may require the successor in title to continue the procedure relating to the patent. <Amended by Act 
No. 4892, Jan. 5, 1995; Act No. 6411, Feb. 3, 2001> 
Article 20 (Interruption of Procedure) If any patent-related procedure pending in the Kor ean Intellectual Property Office or the Intellectual 
Property Tribunal falls under any of the following subparagraphs, it shall be interrupted: Provided, 
That this shall not apply where there is an re presentative authorized to conduct the procedure: 
<Amended by Act No. 4892, Jan. 5, 1995; Act No. 6 411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
1.When the party involved has died;  2.When the juristic person involved has ceased to exist by merger;  
3.When the party involved has lost the ability to conduct the procedure; 
4.When the legal representative of the party invo lved has died or lost his/her authority;  
5.When the commission of a trustee given by the trust of the party involved has terminated;  6.When the representative as provided for in the provi so to Article 11 (1) has died or lost his/her 
qualification;  
7.When the trustee in bankruptcy, etc. who acted on behalf of the party involved in his/her own name 
under a certain qualification has lost his/her qualification or died. 
Article 21 (Resumption of Interrupted Procedure) When a procedure pending in the Korean Intell ectual Property Office or the Intellectual Property 
Tribunal has been interrupted pursuant to Article 20,  any person who falls under any of the following 
subparagraphs shall resume the procedure: <Ame nded by Act No. 4892, Jan. 5, 1995; Act No. 6411, 
Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
1.In cases of subparagraph 1 of Article 20, the deceased person's successor, administrator of 
inheritance, or other person authorized to pursu e the procedure under other Acts: Provided, That the 
deceased person's successor may not resume the pr ocedure until his/her right to succession is no 
longer subject to renunciation; 
2.In cases of subparagraph 2 of Article 20, the juri stic person established by survived the merger;  
3.In cases of subparagraphs 3 and 4 of Article 20 , the party whose ability to take the necessary 
procedure has been restored or any person who becomes the legal representative of the party;  
4.In cases of subparagraph 5 of Article 20, a new trustee;  5.In cases of subparagraph 6 of Article 20, a new representative or each joint initiator involved;  
6. In cases of subparagraph 7 of Article 20, a new trustee in bankruptcy, etc. holding the same 
qualification. 
Article 22 (Request for Resumption) (1)The request to resume a procedure interrupted unde r Article 20 may be made by an opposing party.  
(2)When a request to resume a procedure interrupt ed under Article 20 is made, the Commissioner of 
the Korean Intellectual Property Office or the pr esiding administrative patent judge shall notify the 
opposite party thereof.  IP/N/1/KOR/P/4 
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(3)If deems that no grounds exist to accept the requ est to resume the procedure interrupted under 
Article 20, the Commissioner of the Korean Intell ectual Property Office or the administrative patent 
judge shall dismiss the request by decision after ex amining the request, ex officio. <Amended by Act 
No. 4892, Jan. 5, 1995> 
(4)The Commissioner of the Korean Intellectual Prope rty Office or the administrative patent judge 
shall decide, upon request to resume, whether to pe rmit resumption of the interrupted procedure after 
a certified copy of the decision or trial decision was sent. <Amended by Act No. 4892, Jan. 5, 1995; Act No. 6411, Feb. 3, 2001> 
(5)If a person referred to in Article 21 does not r esume the interrupted pr ocedure, the Commissioner 
of the Korean Intellectual Property Office or the administrative patent judge shall, ex officio, 
designate a period and order to resume such proce dure within the period. <Amended by Act No. 4892, 
Jan. 5, 1995> 
(6)If the procedure has not been resumed within the d esignated period provided fo r in paragraph (5), it 
is considered that the procedure has been r esumed on the day following the expiration of such 
designated period.  
(7)If the Commissioner of the Korean Intellectua l Property Office or the presiding administrative 
patent judge deems that the procedure has been resumed in accordance with paragraph (6), he/she 
shall so notify the parties involved.  
Article 23 (Suspension of Procedure) (1)If the Commissioner of the Korean Intellectual Proper ty Office or the administrative patent judge is 
unable to carry out his/her duties due to a natural disaster or other unavoidable reasons, the procedure 
pending in the Korean Intellectual Property Office or the Intellectual Property Tribunal shall be 
suspended until such impediments cease to exist. <Amended by Act No. 4892, Jan. 5, 1995; Act 
No. 6411, Feb. 3, 2001>  
(2)If a party involved is unable to pursue a pro cedure pending in the Korean Intellectual Property 
Office or the Intellectual Property Tribunal on account  of impediments of indefinite duration, the 
Commissioner of the Korean Intellectual Property Of fice or the administrative patent judge may order 
its suspension by decision. <Amended by Act No. 4892, Jan. 5, 1995; Act No. 6411, Feb. 3, 2001> 
(3)The Commissioner of the Korean Intellectual Prope rty Office or the administrative patent judge 
may cancel the decision issued under paragraph (2). <Amended by Act No. 4892, Jan. 5, 1995> 
(4)If a procedure is suspended under paragraph (1) and (2), or a decision is cancelled under 
paragraph (3), the Commissioner of the Korean Intellectual Property Office or the presiding 
administrative patent judge shall notify the par ties involved thereof. <Amended by Act No. 6411, 
Feb. 3, 2001> 
Article 24 (Effects of Interruption or Suspension) The interruption or suspension of a patent-relate d procedure pending in the Korean Intellectual 
Property Office or the Intellectual Property Tribunal sh all suspend the running of a term and the entire 
term shall start to run again from the time of the notification of the continuation or resumption or 
pursuit of the procedure. <Amended by Act No. 4594, Dec. 10, 1993> 
Article 25 (Capacity of Foreigners) Foreigners who have neither an address nor a place of business in the Republic of Korea shall not 
enjoy patent rights or other rights relating to a patent, except as provided for in any one of the following subparagraphs:  
1.Where their countries allow nationals of the Republic of Korea to en joy patent rights or other rights 
relating to a patent under the same conditions as their own nationals;  IP/N/1/KOR/P/4 
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2.Where their countries allow nationals of the Republic of Korea to en joy patent rights or other rights 
relating to a patent under the same conditions as their own nationals in cases that the Republic of 
Korea allows their countries' nationals to enjoy pa tent rights or other rights relating to a patent;  
3.Where they may enjoy patent rights or other righ ts relating to a patent according to a treaty or 
equivalents to a treaty (hereinafter referred to as "treaty"). 
Article 26 (Effects of Treaty) 
Where a treaty contains special provisions relating to patents that are different from those of this Act, 
such special provisions shall prevail.  
Article 27 Deleted. <by Act No. 6411, Feb. 3, 2001> Article 28 (Effective Date of Submitted Documents) 
(1)Written applications, written request or other do cuments (including articles; hereafter the same 
shall apply in this Article) submitted to the Kor ean Intellectual Property Office or the Intellectual 
Property Tribunal under the provisions of  this Act, or any order thereunde r, shall be effective as of the 
date on which they are delivered to the Korean In tellectual Property Office or the Intellectual Property 
Tribunal. <Amended by Act No. 4892, Jan. 5, 1995> 
(2)Where written applications, written request or  other documents under paragraph (1) are submitted 
by mail to the Korean Intellectual Property Office or the Intellectual Property Tribunal, they are 
deemed to be delivered to the Korean Intellectua l Property Office or the Intellectual Property Tribunal 
on the date as stamped by the mail service if the stamped date is clear; however, if such stamped date is unclear they are deemed to be delivered on th e date when the mail was submitted to a post office, 
which is proved by a receipt therefor: Provided, Th at this shall not apply where written applications 
for requesting registration of a patent right and ot her rights related thereto, and documents concerning 
an international application under Article 2 (vii) of  the Patent Cooperation Treaty (hereinafter referred 
to as an "international application") are submitted by mail. <Amended by Act No. 4892, Jan. 5, 1995; 
Act No. 5576, Sep. 23, 1998; Act No. 7871, Mar. 3, 2006> 
(3)Deleted. <by Act No. 5576, Sep. 23, 1998> 
(4)Matters concerning the submission of documents with  regard to the delay of mail, loss of mail, or 
interruption of the mail service, other than paragraphs  (1) and (2), shall be prescribed by Ordinance of 
the Ministry of Knowledge Economy. <Amended by  Act No. 4541, Mar. 6, 1993; Act No. 5080, 
Dec. 29, 1995; Act No. 5576, Sep. 23, 1998; Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008>  
Article 28-2 (Entry of Identification Number) 
(1)A person prescribed by Ordinance of the Mi nistry of Knowledge Economy among persons who 
initiate patent-related procedures (e xcluding any person to whom an identification number has already 
been granted under paragraph (2) or (3)), shall apply for identification number to the Korean 
Intellectual Property Office or the Intellectual Property Tribunal. <Amended by Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
(2)Where any person files an application under paragraph (1), the Commissioner of the Korean 
Intellectual Property Office or the President of the Intellectual Property Tribunal shall grant an identification number and notify him/her thereof.  
(3)Where a person who initiates a patent-related pr ocedure under paragraph (1) fails to apply for 
identification number, the Commissioner of the Kore an Intellectual Property Office or the President 
of the Intellectual Property Tribunal shall, ex officio, grant an identification number and notify 
him/her thereof.  
(4)If a person to whom an identification number h as been granted under paragraph (2) or (3) initiates 
a patent-related procedure, he/she shall enter his/her identification number in any document 
prescribed by Ordinance of the Ministry of Know ledge Economy. In such cases, notwithstanding the IP/N/1/KOR/P/4 
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provisions of this Act or any order thereunder, a dom icile (a place of business if a juristic person) may 
not be entered in the said document. <Amended by Act No. 6411, Feb. 3, 2001; Act No. 8852, 
Feb. 29, 2008> 
(5)Paragraphs (1) through (4) sh all apply mutatis mutandis to a representative of a person who 
initiates a patent-related procedure.  
(6)An application for identification number, the grant and notification thereof or other necessary 
matters shall be prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act 
No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 5576, Sep. 23, 1998]  Article 28-3 (Procedure for Filing Patent Applications by Electronic Documents) 
(1)A person who initiates a patent -related procedure may, pursuant to the means pr escribed by 
Ordinance of the Ministry of Knowledge Economy, conve rt a written patent application for a patent or 
other documents as presented to the Commissioner of  the Korean Intellectual Property Office or the 
President of the Intellectual Property Tribunal u nder this Act into electronic documents, and may 
present them by means of any information and co mmunication networks or any electronic recording 
medium such as a floppy disk or an optical disk. <Amended by Act No. 6411, Feb. 3, 2001; Act 
No. 7871, Mar. 3, 2006; Act No. 8852, Feb. 29, 2008> 
(2)Electronic documents presented under paragraph (1) shall have the same effect as other documents 
presented under this Act.  
(3)When a presenter thereof confirms a receipt number through a communication network, such 
electronic documents presented through a commun ication network under paragraph (1) shall be 
deemed to have been received as contents written in  a file for receipt saved on a computer system 
operated by the Korean Intellectual Property Offi ce or the Intellectual Property Tribunal. <Amended 
by Act No. 6411, Feb. 3, 2001> 
(4)The kinds of documents capable of being presented by means of electronic documents under 
paragraph (1) and the means of such presentation or  other necessary matters shall be prescribed by 
Ordinance of the Ministry of Knowledge Econom y. <Amended by Act No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 5576, Sep. 23, 1998]  Article 28-4 (Report on Use of Electronic Documents and Electronic Signature) (1)A person who intends to initiate  a patent-related procedure by electronic documents shall, in 
advance, report the use thereof to the Commissione r of the Korean Intellectual Property Office or the 
President of the Intellectual Property Tribunal, and sh all affix his/her electronic signature so that the 
presenters may be discerned.  
(2)Electronic documents presented under Article 28-3 sha ll be deemed to have been filed by a person 
who affixes his/her electronic signature under paragraph (1).  
(3)Matters necessary for procedures of report on u se of electronic documents and the methods of 
electronic signature under paragraph (1), shall be prescribed by Ordinance of the Ministry of 
Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 5576, Sep. 23, 1998]  Article 28-5 (Notification, etc. through  Information and Communication Networks) 
(1)If the Commissioner of the Korean Intellectual Pr operty Office, the President of the Intellectual 
Property Tribunal, a presiding administrative patent judge, an administrative patent judge, a presiding 
examiner, or an examiner intends to give notifica tion and make transmission (hereinafter referred to 
as a "notification") of any pertinent documents to a person who reports the use of electronic 
documents under Article 28-4 (1), he/she ma y do so through information and communication 
networks. <Amended by Act No. 6411, Feb. 3, 2001> IP/N/1/KOR/P/4 
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(2)The notification, etc. of any pertinent docum ents given through information and communication 
networks under paragraph (1) sha ll have the same effect as that given in writing. <Amended by Act 
No. 6411, Feb. 3, 2001> 
(3)The notification, etc. of any pertinent documents under paragraph (1) shall, if it is written in a file 
of a computer system operated by a person who receives the said notification, be deemed to reach as 
contents written in a file of a computer system for transmission operated by the Korean Intellectual 
Property Office or the Intellectual Property Trib unal. <Amended by Act No. 6411, Feb. 3, 2001> 
(4)Matters necessary for the classification and th e means of such notification as given through 
information and communication networks under paragra ph (1) shall be prescribed by Ordinance of the 
Ministry of Knowledge Economy. <Amended by Act No. 6411, Feb. 3, 2001; Act No. 8852, 
Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 5576, Sep. 23, 1998] 
  CHAPTER II  REQUIREMENTS FOR PATENT REGISTRATION AND PATENT 
APPLICATION  
Article 29 (Requirements for Patent Registration) (1)Inventions having industrial applicability may be  patentable unless they fall under any one of the 
following subparagraphs: <Amended by 
Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 1.Inventions publicly known or worked in the Republic  of Korea or in a foreign country prior to the 
filing of the patent application; or  
2.Inventions described in a publication distributed in the Republic of Korea or in a foreign country 
prior to the filing of the patent application or inventions made accessible to the public through 
telecommunication lines prescribed by Presidential Decree.  
(2)Notwithstanding paragraph (1), where an inventio n could easily be made prior to the filing of the 
patent application by a person having ordinary skill in the art to which the invention pertains, on the 
basis of an invention referred to in each subparagra ph of paragraph (1), a patent shall not be granted 
for such invention. <Amended by Act No. 6411, Feb. 3, 2001> 
(3)Notwithstanding paragraph (1), a patent shall not be granted where the invention for which a patent 
application is filed is identical to an invention or  device described in the specification or drawings 
initially attached to another patent application or  a utility model registration application which is 
made prior to the date of filing the said patent a pplication and laid open or published after grant for 
public inspection after the filing of the said patent ap plication: Provided, That this provision shall not 
apply where an inventor of the relevant patent appli cation and an inventor of the other patent or utility 
model application are the same person or where an a pplicant of the patent application and an applicant 
of the other patent or utility model application are the same person as at the time of filing. <Amended 
by Act No. 4594, Dec. 10, 1993; Act No. 5329, Apr. 10, 1997; Act No. 5576, Sep. 23, 1998; Act 
No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
(4) In applying paragraph (3), where another pate nt application or a utility model registration 
application falls under any of the following subpara graphs, "laid open" in paragraph (3) shall be 
construed as "laid open for public inspection or inte rnationally published pursuant to Article 21 of the 
Patent Cooperation Treaty", and "invention or device described in the specification or drawings 
initially attached to another patent application or  a utility model registration application" shall be 
construed as an "invention or device described in the specification, claims or drawings submitted on 
the international filing date" if it is applied for in  the Korean language, and shall be construed as an 
"invention or device described in the specification, claims or drawings submitted on the international IP/N/1/KOR/P/4 
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filing date and the translated version of the said doc uments" if it is applied for in a foreign language: 
<Amended by Act No. 9381, Jan. 30, 2009> 
1.Where another patent application is an intern ational application which is deemed a patent 
application pursuant to Article 199 (1) (including an  international application which becomes a patent 
application pursuant to Article 214 (4));  
2.Where a utility model registration application is an international applica tion which is deemed a 
utility model registration application pursuant to Ar ticle 34 (1) of the Utility Model Act (including an 
international application which becomes a utili ty model registration application pursuant to 
Article 40 (4) of the same Act).  
Article 30 (Inventions not Deemed to be Publicly Known, etc.) 
(1)If a patentable invention falls under any of the fo llowing subparagraphs, in applying Article 29 (1) 
or (2) to the invention claimed in the patent a pplication, on condition that the patent application 
therefor is filed within six months from the applic able date, the patent sha ll not be deemed to fall 
under any of the subparagraphs of Article 29 (1 ): <Amended by Act No. 4594, Dec. 10, 1993; Act 
No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
1.When a person having the right to obtain a patent has caused his/her invention to fall under any of 
subparagraphs of Article 29 (1): Provided, That this shall excl ude the cases where the application 
concerned is laid open, or the registration of a pa tent for the invention concerned is published in the 
Republic of Korea or a foreign country pursuant to a treaty or Act; 
2.When the invention falls under any of the subpar agraphs in Article 29 (1) against the intention of 
the person having the right to obtain a patent; 
3.Deleted. <by Act No. 7871, Mar. 3, 2006> 
(2)Any person intending to have para graph (1) 1 applied shall file a patent application to that effect 
and then submit a document proving the relevant fact s to the Commissioner of the Korean Intellectual 
Property Office within 30 days from the filing date  of the patent application. <Amended by Act 
No. 7871, Mar. 3, 2006> 
Article 31 Deleted. <by Act No. 7871, Mar. 3, 2006> 
Article 32 (Unpatentable Inventions) Inventions that have risks to cont ravene public order or morality or to  injure public health shall not be 
patentable, notwithstanding Article 29 (1) or (2).  
[This Article Wholly Amended by Act No. 5080, Dec. 29, 1995] Article 33 (Persons Entitled to Obtain Patent) 
(1)Any person who makes a new invention or his/ her successor shall be entitled to obtain a patent in 
accordance with this Act: Provided, That employees of the Korean Intellectual Property Office and 
the Intellectual Property Tribunal shall not obt ain patents while in office excluding cases of 
inheritance or bequest. <Amended by Act No. 4892 , Jan. 5, 1995; Act No. 6411, Feb. 3, 2001>  
(2)If two or more persons jointly ma ke an invention, the right to ob tain a patent shall be jointly 
owned.  
Article 34 (Patent Application Filed by Unentitled Pe rson and Protection of Lawful Holder of Right) 
If a patent cannot be granted because an application w as filed by a person who is not the inventor or a 
successor to the right to obtain a patent (herei nafter referred to as an  "unentitled person") under 
Article 33 (1) as prescribed in subparagraph 2 of Arti cle 62, a subsequent application filed by a lawful 
holder of the right shall be deemed to have been fi led on the date of filing of the initial application 
filed by the unentitled person: Provided, That this sh all not apply where the subsequent application is IP/N/1/KOR/P/4 
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filed by the lawful holder of the right more than 30  days after the date on which the application filed 
by the unentitled person was rejected. <Amended by Act No. 6411, Feb. 3, 2001> 
[This Article Wholly Amended by Act No. 5329, Apr. 10, 1997]  Article 35 (Patent Granted to Unentitled Person and Protection of Lawful Holder of Right) 
If a trial decision invalidating a patent has become fi nal and conclusive due to the lack of entitlement 
under the main sentence of Article 33 (1) as prescribed  in Article 133 (1) 2, a subsequent application 
filed by the lawful holder of the right shall be deem ed to have been filed at the time the invalidated 
patent application was filed: Provided, That this shall not apply where the subsequent application is 
filed more than two years after the publication date of  the first application or more than 30 days after 
the decision of invalidation becomes final and conclusive. 
[This Article Wholly Amended by Act No. 7871, Mar. 3, 2006] 
Article 36 (First-to-File Rule) (1)Where two or more applications relating to the same invention are filed on different dates, only the 
applicant of the application having the earlier fili ng date may obtain a patent for the invention.  
(2)Where two or more applications relating to the same invention are filed on the same date, only the 
person agreed upon by all the applicants after consu ltation may obtain a patent for the invention. If no 
agreement is reached or no consultation is possible, none of the applicants shall obtain a patent for the 
invention.  
(3)Where a patent application has the same s ubject matter as a utility model application and the 
applications are filed on different dates, paragraph (1) shall apply mutatis mutandis; whereas if they 
are filed on the same date, paragraph (2) shall a pply mutatis mutandis. <Amended by Act No. 5576, 
Sep. 23, 1998; Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
(4)Where a patent application or utility model regi stration application is invalidated, withdrawn or 
abandoned, or a decision or trial decision to reject  the application becomes final and conclusive, such 
application shall, in applying paragraphs (1) thro ugh (3), be deemed never to have been filed: 
Provided, That this shall not apply where a decision or trial decision to reject the patent application or 
utility model registration application becomes final and conclusive pursuant to the latter part of 
paragraph (2) (including cases where it applies mu tatis mutandis under paragraph (3)). <Amended by 
Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
(5)A patent application or utility model registra tion application filed by a person who is not the 
inventor, creator, or successor in title to the right to obtain a patent or utility model registration shall, in applying paragraphs (1) through (3), be deemed never to have been filed. 
(6)In cases of paragraph (2), the Commissioner of th e Korean Intellectual Property Office shall order 
the applicants to report the results of the consultati on within a designated period. If such report is not 
submitted within the designated period, the applicants  shall be deemed not to have reached agreement 
under paragraph (2).  
Article 37 (Transfer, etc. of Right to Obtain Patent) 
(1)The right to obtain a patent may be transferred. 
(2)The right to obtain a patent shall not be the subject of a pledge.  (3)In cases of joint ownership of the right to obtai n a patent, a joint owner shall not assign his/her 
share without the consent of all the joint owners.  
Article 38 (Succession to Right to Obtain Patent) (1)The succession to the right to obtain a patent before  the filing of the patent application shall not be 
effective against third persons unless the successo r in title files the patent application.  IP/N/1/KOR/P/4 
Page 14  
  
(2)Where two or more applications for a patent are f iled on the same date with respect to the right to 
obtain a patent for the same invention derived by succession from the same person, the succession to the right to obtain the patent by any person other th an the one agreed upon by all the patent applicants 
shall not be effective.  
(3)Paragraph (2) shall also apply where a pate nt application and a utility model registration 
application are filed on the same date, with respect  to the right to obtain a patent and utility model 
registration for the same invention and device whic h has been derived by succession from the same 
person. 
(4)Succession to the right to obtain a patent after the filing of the patent application shall not be 
effective unless a notice of change of applicant is filed, except in cases of inheritance or other general 
succession. <Amended by Act No. 6411, Feb. 3, 2001> 
(5)Upon inheritance or other general succession with respect to the right to obtain a patent, the 
successor in title shall notify the Commissioner of th e Korean Intellectual Property Office of such 
purport without delay. 
(6)Where two or more notifications of change of a pplicant are made on the same date, with respect to 
the right to obtain a patent for the same inventi on that has been derived by succession from the same 
person, a notification made by any person other than the one agreed upon after consultations among 
all the persons who made notifications shall not be effective. <Amended by Act No. 6411, 
Feb. 3, 2001> 
(7)Article 36 (6) shall apply mutatis mutandis to cases under paragraphs (2), (3) and (6). <Amended 
by Act No. 4594, Dec. 10, 1993> 
Articles 39 and 40 Deleted. <by Act No. 7869, Mar. 3, 2006> 
Article 41 (Inventions, etc. Necessary for National Defense) (1)If necessary for the national defense, the Government  may order an inventor, an applicant, or an 
agent not to file a patent application for an invent ion in foreign patent offi ces concerned or to keep 
such invention confidential: Provided, That if su ch persons obtain permission from the Government, 
they may file an application therefor in foreign patent offices.  
(2)If an invention filed with the Korean Intell ectual Property Office is considered necessary for 
national defense, the Government may refuse to gr ant a patent and, for reasons of national defense 
such as in time of war, uprising or other simila r emergency, may expropriate the right to obtain a 
patent therefor. <Amended by Act No. 5080, Dec. 29, 1995> 
(3)The Government shall pay reasonable compensation for losses arising from the prohibition of a 
patent application from being filed in a foreign pa tent office or from the maintenance of secrecy under 
paragraph (1). <Amended by Act No. 6411, Feb. 3, 2001>  
(4)The Government shall pay reasonable compensation in  the event that a patent is not granted, or the 
right to obtain a patent is expr opriated under paragraph (2).  
(5)If there has been a violation of an order to prohib it an application from bei ng filed for an invention 
in a foreign patent office concerned or of an order to maintain secrecy under paragraph (1), the right 
to obtain a patent therefor shall be deemed to be abandoned.  
(6)If there has been a violation of an order to maintain secrecy under paragraph (1), the right to 
request the payment of compensation for the loss ar ising from maintaining secrecy shall be deemed to 
be abandoned.  
(7) Matters relating to the procedure, etc., for prohibiting an application from being filed abroad, 
proceedings for maintaining secrecy under paragra ph (1), or for expropriation or payment of 
compensation under paragraphs (2) through (4) sh all be prescribed by Presidential Decree. 
Article 42 (Patent Application) IP/N/1/KOR/P/4 
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(1) Any person who intends to obtain a patent shall file a patent application with the Commissioner of 
the Korean Intellectual Property Office stati ng the following: <Amended by Act No. 6411, 
Feb. 3, 2001> 
1.The name and domicile of an applicant (if a juristic person, the title and place of business);  
2.The name and domicile, or place of business of a re presentative of the applicant, if any (the title, 
place of business and the name of the designated pate nt attorney if the representative is a patent 
corporation); 
3.Deleted; <by Act No. 6411, Feb. 3, 2001> 4.The title of the invention; 5.The name and the domicile of an inventor;  
6.Deleted. <by Act No. 6411, Feb. 3, 2001> 
(2) A patent application under paragraph (1) shall be accompanied by a specification, drawing (if 
necessary), and abstract stating the following:  
1.The title of an invention;  2.Brief description of the drawings;  
3.Detailed description of the invention;  
4.Scope of claims.  (3) Detailed description of an inven tion under paragraph (2) 3 shall clearly and fully state in such a 
manner prescribed by Ordinance of the Ministry of Knowledge Economy that a person with ordinary 
knowledge in the technology to which the inventio n pertains may easily reproduce the invention. 
<Amended by Act No. 8197, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008>  
(4) The scope of claims under paragraph (2) 4 sha ll describe the matter for which protection is sought 
in one or more claims (hereinafter referred to as  "claims") and the claims shall fall under any of the 
following subparagraphs: <Amended by Act No. 8197, Jan. 3, 2007>  
1.The claims shall be supported by de tailed description of the invention;  
2.The claims shall define the invention clearly and in detail;  
3.Deleted. <by Act No. 8197, Jan. 3, 2007> 
(5) When filing a patent application, any patent a pplicant may attach the specification not stating the 
scope of claims under paragraph (2) 4 to the patent  application, notwithstanding paragraph (2). In 
such cases, the specification shall be amended so as  to state the claims within the period classified 
under the following subparagraphs: <Newly Inserted by Act No. 8197, Jan. 3, 2007> 
1.Until one and half years since the day falling un der any of subparagraphs of Article 64 (1);  
2.Until three months since the day of receiving th e notification of the purport of a request of 
examination of patent application under the provision s of Article 60 (3) within the period set forth in 
subparagraph 1 (until one and a half years si nce the day falling under any subparagraph of 
Article 64 (1), if such notification was received af ter one year and three months from the day falling 
under any of subparagraphs of the same paragraph). 
(6) The scope of claims under paragraph (2) 4 sha ll state such matters regarded necessary to specify 
an invention as structures, methods, functions and materials or combination thereof to clarify what to be protected. <Newly Inserted by Act No. 8197, Jan. 3, 2007> 
(7) Where a patent applicant does not amend th e specification until the period set forth in each 
subparagraph of paragraph (5) after filing an application, the applica tion concerned shall be regarded 
withdrawn on the day after the period expires. <Newly Inserted by Act No. 8197, Jan. 3, 2007> IP/N/1/KOR/P/4 
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(8) Details concerning how to enter the scope of cl aims under paragraph (2) 4 shall be prescribed by 
Presidential Decree. 
(9) Details concerning the description of an abst ract under paragraph (2) sh all be prescribed by 
Ordinance of the Ministry of Knowledge Econom y. <Amended by Act No. 4541, Mar. 6, 1993; Act 
No. 5080, Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
Article 43 (Abstract) 
An abstract under Article 42 (2) shall not be interp reted to define the scope of invention for which 
protection is sought, but rather shall ser ve as a technical information document. 
Article 44 (Joint Applications) Where the right to obtain a patent is jointly owned un der Article 33 (2), all the owners shall apply for 
the patent application jointly. 
Article 45 (Scope of One Patent Application) (1) A patent application shall rela te to one invention only: Provided, That a group of inventions so 
linked as to form a single general inventive concept may be the subject of one patent application.  
(2) The requirements for one patent applicatio n under paragraph (1) shall be prescribed by 
Presidential Decree.  
Article 46 (Amendment to Procedure) The Commissioner of the Korean Intellectual Prope rty Office or the President of the Intellectual 
Property Tribunal shall order an amendment to a pa tent-related procedure, d esignating a period if the 
procedure falls under any of the following subparagraphs: <Amended by Act No. 5329, 
Apr. 10, 1997; Act No. 6411, Feb. 3, 2001; Act No. 6768, Dec. 11, 2002>  
1.Where the procedure is in violation of Article 3 (1) or 6;  
2.Where the procedure is in violation of the formaliti es specified in this Act or any order thereunder;  
3.Where fees required in accordance with Article 82 have not been paid.  Article 47 (Amendment to Patent Application) (1) An applicant may amend the specification or drawi ngs attached to a patent application within the 
period prescribed by any subparagraphs of Article 42 (5) or before delivering a certified copy of a 
decision to grant a patent pursuant to Article 66: Provided, That after receiving a notice of grounds for rejection pursuant to Article 63 (1) (hereinafter refe rred to as "notice of grounds for rejection"), an 
applicant may amend the application during the period prescribed in any of the following sub-
paragraphs only (in cases under subpa ragraph 3, referring to that time): <Amended by Act No. 8197, 
Jan. 3, 2007; Act No. 9381, Jan. 30, 2009> 
1.Where an applicant receives a notice of grounds for rejection (excluding a notice of grounds for 
rejection with regard to a reason for rejection wh ich has arisen according to the amendment following 
the notice of grounds for rejection) for the first tim e or receives a notice of grounds for rejection other 
than that referred to in subparagraph 2, the peri od for presentation of a written opinion following the 
relevant notice of grounds for rejection;  
2.Where an applicant receives a notice of grounds fo r rejection with regard to a reason for rejection 
which has arisen according to th e amendment following the notice of grounds for rejection, the period 
for presentation of a written opinion following the relevant notice of grounds for rejection; 
3.When an applicant requests a re-exa mination pursuant to Article 67-2.  
(2)An amendment to the specificati on or drawings under para graph (1) shall be made within the scope 
of the features disclosed in the specification or drawi ngs initially attached to the patent application.  IP/N/1/KOR/P/4 
Page 17 
 
  
(3)An amendment to the scope of claims, from among amendments pursuant to paragraph (1) 2 and 3, 
may be made where it falls under any of the fo llowing subparagraphs: <Amended by Act No. 9381, 
Jan. 30, 2009> 
1.Where the scope of claims for a patent is reduced by limiting, deleting, adding claims;  
2.Where wrong description is corrected; 
3.Where ambiguous description is made clear; 
4.With regard to an amendment beyond the scope re ferred to in paragraph (2), where returning to the 
scope of claims made prior to the amendment,  or amending the scope of claims pursuant to 
subparagraphs 1 through 3 in the course of  returning to the said scope of claims. 
(4)Deleted. <by Act No. 9381, Jan. 30, 2009> 
[This Article Wholly Amended by Act No. 6411, Feb. 3, 2001] 
Article 48 Deleted. <by Act No. 6411, Feb. 3, 2001> Article 49 Deleted. <by Act No. 7871, Mar. 3, 2006> Article 50 Deleted. <by Act No. 5329, Apr. 10, 1997> Article 51 (Dismissal of Amendment)  
(1)Where an examiner deems that an amendment pursuant to Article 47 (1) 2 and 3 has violated 
paragraphs (2) and (3) of the same Article or th at a new ground for rejection has arisen following the 
amendment (excluding an amendment deleting claims  pursuant to paragraph (3) 1 and 4 of the same 
Article), he/she shall dismiss such amendment by decision: Provided, That where a request for re-examination is made pursuant to Article 67-2, this  shall not apply to an amendment made prior to 
such request. <Amended by Act No. 9381, Jan. 30, 2009> 
(2)The decision to reject an amendment under paragr aph (1) shall be made in writing and shall state 
the reasons therefor.  
(3)No appeal shall be made against a ruling of dism issal under paragraph (1): Pr ovided, That this shall 
not apply to a dispute concerning the ruling of dism issal (where a request for re-examination is filed 
pursuant to Article 67-2, a ruling of dismissal made before such request is filed shall be excluded) in a 
trial on the decision of refusal of a patent pursu ant to Article 132-3. <Amended by Act No. 9381, 
Jan. 30, 2009>  
[This Article Wholly Amended by Act No. 6411, Feb. 3, 2001] Article 52 (Divisional Pa tent Application)  
(1)An applicant who has filed a patent application comprising of two or more inventions may divide 
such application into two or more applications w ithin the limit of such matters as stated in the 
specification or drawings which are initially attached  to the patent application, in accordance with a 
period falling under any of the following subparagra phs: <Amended by Act No. 5329, Apr. 10, 1997; 
Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006; Act No. 9381, Jan. 30, 2009> 
1.A period in which an amendment can be made pursuant to Article 47 (1); 2.A period in which a request for trial can be ma de pursuant to Article 132-3 after the receipt of a 
certified copy of the ruling of dismissal of a patent. 
(2)A patent application divided under paragraph (1) (hereinafter  referred to as a "divisional 
application") shall be deemed to have been filed at  the time of filing of the initial patent application: 
Provided, That in applying the provisions of the following subparagraphs to the said divisional application, such application shall be deemed to be made at the time when the divisional application 
was filed: <Amended by Act No. 4594, Dec. 10, 19 93; Act No. 5576, Sep. 23, 1998; Act No. 7871, 
Mar. 3, 2006> IP/N/1/KOR/P/4 
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1.In cases where Article 29 (3) of this Act or Articl e 4 (3) of the Utility Model Act is applicable when 
the divisional application falls under another patent application under Article 29 (3) of this Act or a 
patent application under Article 4 (3) of the Utility Model Act;  
2.In cases where Article 30 (2) is applicable;  3.In cases where Article 54 (3) is applicable;  
4.In cases where Article 55 (2) is applicable. 
(3)A person who files a divisional application unde r paragraph (1) shall indicate the purpose thereof 
and the patent application that forms the basis of the division in the divisional application. <Newly 
Inserted by Act No. 6411, Feb. 3, 2001> 
(4)In cases of a divisional application, any person claiming priority as prescribed in Article 54 shall 
file the documents as prescribed in paragraph (4) of the said Article with the Commissioner of the 
Korean Intellectual Property Office within three months after filing the divisional application, 
regardless of the period as prescribed in paragraph (5) of the said Article. <Newly Inserted by Act No. 4594, Dec. 10, 1993; Act No. 6768, Dec. 11, 2002> 
Article 53 (Converted Application)  
(1)A person who has filed a utility model regist ration application may convert the utility model 
registration application into a patent application within the limit of such matters as stated in the 
specification or drawings which are initially attached  to the utility model registration application: 
Provided, That this shall not a pply where 30 days have passed since he/she has received a certified 
copy of the first decision to reject the utility model registration application. 
(2)When there is a patent application made by co nverting from a utility model registration application 
pursuant to paragraph (1) (hereinafter referred to  as the "converted application"), the converted 
application shall be deemed to ha ve been filed on the filing date of the utility model registration 
application: Provided, That this shall not apply wh ere the converted application falls under any one of 
the following subparagraphs:  
1.In cases where Article 29 (3) of this Act or Articl e 4 (3) of the Utility Model Act is applicable when 
the patent application falls under a nother patent application under Article  29 (3) of this Act or a patent 
application under Article 4 (3) of the Utility Model Act;  
2.In cases where Article 30 (2) is applicable;  3.In cases where Article 54 (3) is applicable;  4.In cases where Article 55 (2) is applicable. (3)A person who makes a patent a pplication converted under paragraph (1) shall indicate in the patent 
application its purport and the utility model regist ration application which forms the basis of the 
converted application. 
(4)When there is a converted application, the utility model registration applica tion shall be deemed to 
be withdrawn. 
(5)When the period provided for in Article 132-3 is  extended pursuant to Article 15 (1) of this Act 
which applies mutatis mutandis under Article 3 of th e Utility Model Act, the period of thirty days 
referred to in the proviso to paragraph (1) shall be deemed to be extended accordingly. 
(6)In cases of any converted application, any person who claims a priority as prescribed in Article 54 
shall, notwithstanding the period fixed in paragraph (5) of the said Article, submit such documents as 
prescribed in paragraph (4) of the said Article to the Commissioner of the Korean Intellectual 
Property Office within three months after he /she makes such patent application.  
[This Article Wholly Amended by Act No. 7871, Mar. 3, 2006] 
Article 54 (Priority Claim Under Treaty)  IP/N/1/KOR/P/4 
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(1)If a national of a state party which recognizes under a treaty a priority right to a patent application 
filed by a national of the Republic of Korea claims the priority right to a patent application in the 
Republic of Korea on the basis of the initial applica tion for the same invention in his/her country or 
other state parties, the filing date of the initial appli cation in the foreign country shall be deemed to be 
the filing date in the Republic of Korea for the pur poses of Articles 29 and 36. This shall also apply 
where a national of the Republic of Korea has filed a patent application in a country which recognizes 
under a treaty priority right to patent applications filed by nationals of the Republic of Korea, and 
claims the priority right to a patent application in the Republic of Korea on the basis of the initial 
application for the same invention in said country.  
(2)A person intending to claim the priority right in  accordance with paragraph (1) may not claim the 
priority right unless the person files a patent applica tion claiming the priority right within one year 
from the filing date of the initial application. 
(3)A person intending to claim the right of priority in accordance with paragraph (1) shall specify its 
purport, the name of the country in which the initial application was filed and the filing date of such 
application in the patent application which he/she files in the Republic of Korea.  
(4)A person who has claimed the priority right u nder paragraph (3) shall submit to the Commissioner 
of the Korean Intellectual Property Office the docum ents prescribed in subparagraph 1 or the written 
statement prescribed in subparagraph 2: Provided,  That the written statement referred to in 
subparagraph 2 shall be submitted only where the count ry is prescribed by Ordinance of the Ministry 
of Knowledge Economy: <Amended by Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
1.A written statement with the filing date of the application and a copy of the specification and 
drawings certified by the government of the c ountry where the initial application was filed;  
2.A written statement with the file number of th e application in the country where the initial 
application was filed.  
(5)Documents or written statements  under paragraph (4) shall be subm itted within one year and four 
months from the earliest among the dates prescribed  in the following subparagraphs: <Newly Inserted 
by Act No. 6411, Feb. 3, 2001> 
1.The date on which the application was first filed in a country that is a party to a treaty;  2.The filing date of the application which would be  the basis for the priority claim where a patent 
application contains other priority claims in accordance with Article 55 (1);  
3.The filing date of the application that is to be  the basis for the priority claim where a patent 
application contains other priority claims in accordance with paragraph (3).  
(6)Where a person who has claimed the priority right under paragraph (3) fails to submit the 
document prescribed in paragraph (4) within the tim e limit set under paragraph (5), the priority claim 
shall lose its effect. <Amended by Act No. 6768, Dec. 11, 2002> 
(7)A person who is eligible to claim the priority right under paragraph (1) and is in compliance with 
the requirements of paragraph (2) ma y amend or supplement the said priority claims within one year 
and four months from the earliest date prescribed  under paragraph (5). <Newly Inserted by Act 
No. 6411, Feb. 3, 2001> 
Article 55 (Priority Claim Based on Patent Application, etc.)  (1)Any person who intends to obtain a patent may cl aim the priority right for an invention for which a 
patent application has been made on the basis of  an invention described in the specification or 
drawings initially attached to an application file d in advance (hereinafter referred to as "earlier 
application") as a patent application or a utility m odel registration applicati on, for which he/she has 
the right to obtain a patent or utility model registra tion: Provided, That this shall not apply to any of 
the following subparagraphs:  IP/N/1/KOR/P/4 
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1.Where the patent application concerned is file d one year after the filing date of an earlier 
application;  
2.Where an earlier application is a divisional app lication under Article 52 (2) (including such cases as 
applied mutatis mutandis under Article 11 of the Utility Model Act), or an amended application 
pursuant to Article 53 of this Act or  Article 10 of the Utility Model Act; 
3.Where an earlier application has been abandoned, i nvalidated, or withdrawn at the time of filing the 
patent application;  
4.Where a decision or trial decision to grant or refuse a patent or a utility model registration for an 
earlier application has become final and conclusive  at the time of filing the patent application. 
(2)Any person intending to claim the priority ri ght under paragraph (1) shall, when applying for a 
patent, indicate the purport and an earlier application on the patent application. 
(3)For the purposes of Article 29 (1) and (2), the main sentence of Article 29 (3), Articles 30 (1), 
36 (1) through (3), 96 (1) 3, 98, 103, 105 (1) and (2 ), 129 and 136 (4) of this Act (including such cases 
as applied mutatis mutandis under Article 133-2 (4)) , Articles 7 (3) and (4) and 25 of the Utility 
Model Act, Articles 45 and 52 (3) of the Design Prot ection Act to an invention which is the same as 
the invention described in the specification or draw ings initially attached to an earlier application 
which is the basis of the relevant priority claim,  from among inventions for which a patent application 
has been filed with a priority clai m pursuant to paragraph (1), such pa tent application shall be deemed 
to have been filed when the earlier application was filed.  
(4)The main sentence of Article 29 (3) of this Act or the main sentence of Article 4 (3) of the Utility 
Model Act shall apply to an in vention which is the same as the invention described in the 
specification or drawings initially attached to an ear lier application which is the basis of the relevant 
priority claim, from among inventions for which a pa tent application has been filed with a priority 
claim pursuant to paragraph (1) by deeming that an earlier application which is the basis of the 
relevant priority claim has been laid open when the patent application has been laid open or the patent 
has been registered and publicly announced. 
(5) If an earlier application falls under any of th e following subparagraphs, paragraphs (3) and (4) 
shall not apply to an inve ntion described in the specification or drawings when a patent application 
which is the basis of the priority claim is filed with respect to the earlier application from among inventions described in the specification or drawi ngs initially attached to the earlier application: 
1.Where an earlier application is the one with a priority claim pursuant to paragraph (1);  
2.Where an earlier application is the one with a prio rity claim pursuant to Article 4-D (1) of the Paris 
Treaty for Protection of Industrial Property Rights. 
(6) In applying paragraph (4), where the earlier application falls under any of the following 
subparagraphs, "invention or device described in the specification, cl aims or drawings submitted on 
the international filing date and the translated vers ion of the said documents" in Article 29 (4) shall be 
construed as an "invention or device described in the specification, claims or drawings submitted on 
the international filing date": 
1.Where an earlier application is an international a pplication (including an international application 
which becomes a patent application pursuant to Article 214 (4)) which is regarded as a patent 
application pursuant to Article 199 (1); 
2.Where an earlier application is an international a pplication (including an international application 
which becomes a utility model registration applicatio n pursuant to Article 40 (4) of the Utility Model 
Act) which is regarded as a utility model registra tion application pursuant to Article 34 (1) of the 
same Act. 
(7) Any person who has claimed a priority right, satisfying the requirements pursuant to 
paragraph (1), may amend or supplement the priority  claim within one year and four months from the IP/N/1/KOR/P/4 
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filing date of an earlier application (the earliest filing date in cases where there exist no less than two earlier applications).  
[This Article Wholly Amended by Act No. 9381, Jan. 30, 2009] Article 56 (Withdrawal, etc. of Earlier Application)  (1)An earlier application which is the basis of a pr iority claim pursuant to Article 55 (1) shall be 
deemed to have been withdrawn at the time of e xpiration of one year and three months from the filing 
date of the earlier application: Provided, That this  shall not apply where that earlier application falls 
under any of the following subparagraphs: <Amended by Act No. 5576, Sep. 23, 1998; Act No. 6411, 
Feb. 3, 2001; Act No. 7871, Mar. 3, 2006; Act No. 9381, Jan. 30, 2009> 
1.Where the earlier application has been abandoned, invalidated or withdrawn;  
2.Where a decision or a trial decision to grant or refuse a patent or a utility model registration has 
become final and conclusive;  
3.Where priority claims based on the earlier a pplication concerned have been withdrawn;  
4.Deleted. <by Act No. 7871, Mar. 3, 2006> (2)The applicant of a patent application contai ning a priority claim under Article 55 (1) may not 
withdraw the priority claim after the expiration of one  year and three months from the filing date of an 
earlier application.  
(3)Where a patent application containing a priority  claim under Article 55 (1) is withdrawn within one 
year and three months from the filing date of an earlie r application, the priority claim shall be deemed 
withdrawn simultaneously therewith.   
 
CHAPTER III EXAMINATION   Article 57 (Examination by Examiner)  
(1)The Commissioner of the Korean Intellectual Prope rty Office shall direct examiners to examine 
patent applications. <Amended by Act No. 7871, Mar. 3, 2006>  
(2)The qualifications for examiners shall be prescribed by Presidential Decree.  Article 58 (Search, etc. for Prior Art)  (1)If it is deemed necessary for the examination of a patent application (including an international 
investigation and international preliminary exam ination for an international application), the 
Commissioner of the Korean Intellectual Property Office may designate a special agency and assign 
duties of searching prior art, conducting a patent  classification under the International Patent 
Classification and others determined by Presidentia l Decree to such organization. <Amended by Act 
No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006; Act No. 9381, Jan. 30, 2009> 
(2)If it is deemed necessary for the process of examination, the Commissioner of the Korean 
Intellectual Property Office may request the c ooperation of, or seek advice from, a government 
agency, an organization specialized in the tec hnology concerned or an expert having profound 
knowledge and experience in patent  matters. In such cases, he/she may pay them allowances or 
expenses for such cooperation or advice within th e budgetary limits of the Korean Intellectual 
Property Office.  
(3) Necessary matters concerning the designation of a specialized organization, such as standards for 
designation, and the implementation procedures for searching prior art or conducting a patent 
classification, etc. under paragraph (1), shall be prescribed by Presidential Decree. <Amended by Act 
No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
Article 58-2 (Cancellation of Designati on of Specialized Organization)  IP/N/1/KOR/P/4 
Page 22  
  
(1) Where a specialized organization referred to in Article 58 (1) falls under subparagraph 1, the 
Commissioner of the Korean Intellectual Property Office shall cancel such designation, and where a 
specialized organization falls unde r subparagraph 2, he/she may cancel such designation or order 
suspension of its business operations by fixing the period within six months: 
1.Where the organization has obtained designation by false or illegal means;  
2.Where the organization does not conform to the standard for designation under Article 58 (3).  
(2) Where the Commissioner of th e Korean Intellectual Property Office intends to cancel the 
designation of a specialized organization in accord ance with paragraph (1), he/she shall conduct a 
public hearing. 
(3) Necessary matters for the standards and proced ures for the designation cancelation or suspension 
of business operations of specialized organizati ons under paragraph (1) shall be provided by 
Ordinance of the Ministry of Knowledge Econom y. <Amended by Act No. 8852, Feb. 29, 2008> 
[This Article Wholly Amended by Act No. 8197, Jan. 3, 2007]  Article 59 (Request for Examina tion of Patent Application)  
(1)A patent application shall be examined onl y upon the filing of a request for examination. 
(2)When a patent application has been filed, an y person may request the Commissioner of the Korean 
Intellectual Property Office to examine the patent a pplication within five years from the filing date 
thereof: Provided, That an applicant for a patent ma y request for examination of a patent application, 
only if the specification stating the scope of cl aims is attached. <Amended by Act No. 8197, 
Jan. 3, 2007> 
(3)With respect to a divisional application under Artic le 52 (2), or a patent application resulting from 
conversion under Article 53 (2), a request for examin ation may be made even after the expiration of 
the period prescribed in paragraph (2) within 30 days  from the filing date of the divisional application 
or the converted application. <Amended by Act No. 5576, Sep. 23, 1998; Act No. 7871, 
Mar. 3, 2006> 
(4)A request for examination of an application shall not be withdrawn.  
(5)If a request for examination has not been made with in the period prescribed in paragraph (2) or (3), 
the patent application concerned shall be deemed to have been withdrawn. 
Article 60 (Procedure for Request for Examination)  (1)Any person intending to request examination of  an application shall submit a written request for 
examination of an application to the Commissioner of the Korean Intellectual Property Office, stating 
the following: <Amended by Act No. 6768, Dec. 11, 2002> 
1.The name and the domicile of the person making the request (in cases of a juristic person, its title 
and the location of its place of business); 
2.Deleted; <by Act No. 6768, Dec. 11, 2002> 3.The identification of the patent application fo r which the request for examination is made.  
(2)The Commissioner of the Korean Intellectua l Property Office shall, where a request for 
examination has been made prior to the publication of an application, publish such fact in the Patent 
Gazette at the time the application is laid open. Wh ere a request for examination has been made after 
the application is laid open, the Commissioner shal l publish such fact in the Patent Gazette without 
delay.  
(3)Where a request for examination of an appli cation has been made by a person other than the 
applicant, the Commissioner of th e Korean Intellectual Property Offi ce shall, notify the applicant of 
such fact. 
Article 61 (Accelerated Examination)  IP/N/1/KOR/P/4 
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The Commissioner of the Korean Intellectual Propert y Office may direct the examiner to examine one 
application in preference over another if the form er falls under any of the following subparagraphs:  
1.Where a person other than the applicant is co mmercially and industrially working the invention 
claimed in a patent application after the laying-open of the application;  
2.Where the Commissioner of the Korean Intellect ual Property Office deems it necessary to urgently 
process a patent application prescribed by Presidential Decree.  
[This Article Wholly Amended by Act No. 6411, Feb. 3, 2001] Article 62 (Decision to Reject Patent Application)  Any examiner shall make a decision to reject pate nt applications where the invention falls under any 
one of the following subparagraphs (hereinafter referred to as "grounds for refusal"): <Amended by 
Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006; Act No. 8197, Jan. 3, 2007> 
1.Where the invention is not patentable under Article 25, 29, 32, 36 (1) through (3), or 44;  2.Where the application is filed by a person who does not have the right to obtain a patent therefor 
under the main sentence of Article 33 (1) or where th e invention is not patentable under the proviso to 
the said Article 33 (1);  
3.Where it is in violation of a treaty;  
4.Where it has not satisfied the requirements prescrib ed under Article 42 (3), (4) and (8) or 45;  
5.Where the application is amended beyond the scope under Article 47 (2); 
6.Where the application is a divisional applicati on filed beyond the scope under Article 52 (1);  
7.Where the application is a converted app lication beyond the scope under Article 53 (1). 
Article 63 (Notice of Grounds for Rejection) 
(1) Where an examiner intends to render a decision to reject a patent application under Article 62, 
he/she shall notify the applicant of the grounds th erefor and give the applicant an opportunity to 
present his/her written opinions within a fixed period:  Provided, That this provision shall not apply 
where the examiner intends to reject an amendm ent pursuant to Article 51 (1). <Amended by Act 
No. 6411, Feb. 3, 2001; Act No. 9381, Jan. 30, 2009> 
(2) Where an examiner notifies the grounds to rej ect under the main sentence of paragraph (1) with 
regard to a patent application with two or more clai ms in its scope of patent application, he/she shall 
clearly state in the notice the claims refused and spec ifically describe the reasons for refusal of such 
claims. <Newly Inserted by Act No. 8197, Jan. 3, 2007; Act No. 9381, Jan. 30, 2009> 
Article 63-2 (Furnishing of Informa tion concerning Patent Application) 
Any person may, at the time a patent application is filed, furnish the Commissioner of the Korean 
Intellectual Property Office with information together with evidence, to the e ffect that the invention 
concerned is unpatentable because it falls under grounds to reject: Provided, That this shall not apply 
where the requirements prescribed in Articles 42 (8) and 45 are not complied therewith. <Amended 
by Act No. 8197, Jan. 3, 2007> 
[This Article Newly Inserted by Act No. 7871, Mar. 3, 2006] 
Article 64 (Laying-Open of Application)  
(1) Under Ordinance of the Ministry of Know ledge Economy, the Commissioner of the Korean 
Intellectual Property Office shall lay open a patent a pplication in the Patent Gazette at the time of 
expiration of one year and six months from any of the following dates or before one year and six 
months have elapsed from a filling date of a pate nt application, upon request from the applicant: 
Provided, That in cases of a patent application which is accompanied by the specification not stating 
the scope of claims in accordance with former sen tence other than each subparagraph of Article 42 (5) IP/N/1/KOR/P/4 
Page 24  
  
and a patent whose registration has already been published in accordance with Article 87 (3), they 
shall not be subject to the laying-open of the a pplication: <Amended by Act No. 5080, Dec. 29, 1995; 
Act No. 5329, Apr. 10, 1997; Act No. 6411, Feb. 3, 2001; Act No. 8197, Jan. 3, 2007; Act No. 8852, Feb. 29, 2008> 
1.Where a patent application contains a priority claim under Article 54 (1), the filing date being the 
basis for claiming a priority right shall apply;  
2.Where a patent application contains a priority claim under Article 55 (1), the filing date of the 
earlier application shall apply;  
3.The earliest filing date among the filing dates of tw o or more applications that are the basis for 
claiming a priority right in a patent application under Article 54 (1) or 55 (1);  
4.Where a patent application does not fall under any of  subparagraphs 1 through 3, the filing date of 
the patent application shall apply. 
(2)Deleted. <by Act No. 7871, Mar. 3, 2006> (3) Article 87 (4) shall apply mutatis mutandis to th e laying-open of applications under paragraph (1). 
<Amended by Act No. 5329, Apr. 10, 1997> 
(4)Matters to be published in the Patent Gazette w ith respect to the laying-open of applications under 
paragraph (1) shall be prescribed by Presidential Decree.  
Article 65 (Effects of Laying-Open of Application)  (1)After an application is laid open, an app licant may warn a person who has commercially or 
industrially worked the filed invention, in writing in dicating that a patent application for the invention 
has been filed.  
(2)An applicant may demand a person who has comme rcially or industrially worked the filed 
invention after being warned as provided for in para graph (1) or knowing that an application for the 
invention has been laid open, to pay compensation in  an amount equivalent to what he/she would have 
normally received for the working of the invention fr om the date of warning or the time when he/she 
knew that the patent application of the invention had been laid open to the time of the registration of 
the patent right. <Amended by Act No. 5329, Apr. 10, 1997> 
(3)The right to demand compensation as provided for in paragraph (2) shall be exercised only after 
the registration of the patent right. <Amended by Act No. 5329, Apr. 10, 1997> 
(4)The exercise of the right to demand compensa tion under paragraph (2) shall not preclude the 
exercise of the patent right. <Amended by Act No. 5329, Apr. 10, 1997> 
(5)Articles 127, 129 and 132 of this Act, or Artic les 760 and 766 of the Civil Act shall apply mutatis 
mutandis to the exercise of the right to demand comp ensation under paragraph (2). In such cases, the 
"the date on which the injured pa rty or his/her legal representative became aware of such damage and 
of the identity of the person who caused it" in Article  766 (1) of the Civil Act shall be construed as the 
"date of registration of the involved patent ri ght." <Amended by Act No. 5329, Apr. 10, 1997; Act 
No. 7871, Mar. 3, 2006> 
(6)When a patent application is abandoned, invalid ated or withdrawn after the laying-open of the 
application, and when a decision to reject a patent  application or a decision to invalidate a patent 
under Article 133 (excluding such a case as prescribed  in Article 133 (1) 4) have become final and 
conclusive, the right under paragraph (2) shall be deemed never to have ex isted. <Newly Inserted by 
Act No. 5329, Apr. 10, 1997; Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006>  
[This Article Wholly Amended by Act No. 5080, Dec. 29, 1995] 
Article 66 (Decision to Grant Patent) IP/N/1/KOR/P/4 
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Where an examiner does not find any grounds to rej ect a patent application, he/she shall render a 
decision to grant a patent. <Amended by Act No. 6411, Feb. 3, 2001> 
[This Article Wholly Amended by Act No. 5329, Apr. 10, 1997] Article 66-2 (Ex Officio Amendment, etc.) (1) Where an examiner finds any clear clerical error in the specification, drawings or abstract attached 
to a patent application when he/she makes a decisi on to grant a patent, he/she may amend such error 
ex officio (hereinafter referred to as "ex officio amendment"). 
(2) In order for an examiner to amend ex officio in accordance with paragraph (1), he/she shall notify 
the applicant of such ex officio amendment while de livering a certified copy of the decision to grant a 
patent in accordance with Article 67 (2). 
(3) If the applicant of a patent application cannot accept  the whole or part of an ex officio amendment, 
he/she shall present his/her written opinion on such ex  officio amendment to the Commissioner of the 
Korean Intellectual Property Office by the time he/s he pays a patent fee pursuant to Article 79 (1). 
(4) Where the applicant of a patent applicati on has presented a written application pursuant to 
paragraph (3), the whole or part of the relevant ex  officio amendment shall be deemed never to have 
existed. 
(5) Where an ex officio amendment has been made fo r any matter which is not a clear clerical error, 
such ex officio amendment shall be  deemed never to have existed. 
[This Article Newly Inserted by Act No. 9381, Jan. 30, 2009] Article 67 (Formalities for Decision of Patentability)  (1)A decision to either grant or refuse a patent (her einafter referred to as a "decision of patentability") 
shall be made in writing and shall state th e reasons therefor. <Amended by Act No. 6411, 
Feb. 3, 2001> 
(2) Where a decision of patentability has been rende red, the Commissioner of the Korean Intellectual 
Property Office shall transmit a certified copy of th e decision to the patent applicant. <Amended by 
Act No. 6411, Feb. 3, 2001> 
[This Article Wholly Amended by Act No. 5329, Apr. 10, 1997] 
Article 67-2 (Request for Re-examination) (1) The applicant of a patent application may, w ithin 30 days (where a period pursuant to Article 132-
3 has been extended pursuant to Article 15 (1), re ferring to such extended period) from the date of 
receipt of a certified copy of the decision to refu se the patent application, request a re-examination 
(hereinafter referred to as "re-examination") on the relevant patent applicati on after amendment to the 
specification or drawings attached to the patent app lication: Provided, that this shall not apply where 
there exists a decision to refuse a patent following th e re-examination or a request for trial pursuant to 
Article 132-3. 
(2) Where a request for re-examination is made in acc ordance with paragraph (1), a decision to reject 
a patent application previously made  for the relevant patent applicati on shall be deemed to have been 
withdrawn. 
(3) A request for re-examination pursuant to  paragraph (1) shall not be withdrawn. 
[This Article Newly Inserted by Act No. 9381, Jan. 30, 2009]  Article 68 (Mutatis Mutandis A pplication of Provisions concer ning Trial to Examination) 
Subparagraph 1 through 5 and 7 of Article 148 shall apply mutatis mutandis to the examination of a 
patent application. 
[This Article Wholly Amended by Act No. 5329, Apr. 10, 1997] IP/N/1/KOR/P/4 
Page 26  
  
Articles 69 through 77.  Deleted. <by Act No. 7871, Mar. 3, 2006>  
Article 78 (Suspension of Examina tion or Litigation Procedures)  
(1)The examination procedure of a patent applica tion may, if necessary, be suspended until a trial 
decision thereon becomes final and conclusive or litigation procedures concerned have been 
completed. <Amended by Act No. 7871, Mar. 3, 2006> 
(2) The court may, if necessary, suspend litigation procedures until a decision on a patent application 
becomes final and conclusive. <Amende d by Act No. 7871, Mar. 3, 2006> 
(3)No appeal shall be made against the su spension under paragraphs (1) and (2).  
[This Article Wholly Amended by Act No. 5329, Apr. 10, 1997]  Article 78-2 Deleted. <by Act No. 7871, Mar. 3, 2006>  
 
 CHAPTER IV PATENT FEES AND PATENT REGISTRATIONS, ETC.   Article 79 (Patent Fees) 
(1)Any person who intends to obtain the registration of establishment of a patent right in accordance 
with Article 87 (1) shall pay patent  fees for three years from the date when he/she intends to obtain 
the registration of establishment of the patent right (hereinafter referred to as "registration date of 
establishment"), and a patentee shall pay, on a year ly basis, a patent fee for one year from the 
following year based on the date falling under the regi stration date of establishment of the relevant 
right.  
(2) Notwithstanding paragraph (1), a patentee may pay patent fees for several or entire years 
according to the order of years of payment in a lump sum. 
(3) Patent fees, method and term of payment pursuant to paragraphs (1) and (2), and other necessary 
matters shall be prescribed by Ordinance of the Ministry of Knowledge Economy.  
[This Article Wholly Amended by Act No. 9381, Jan. 30, 2009] 
Article 80 (Payment of Patent Fees by Interested Party)  
(1)Regardless of the intent of a person liable to pay patent fees, any interested party may pay the 
patent fees.  
(2)An interested party who has pa id the patent fees in accordance with paragraph (1) may demand 
reimbursement of his/her expenses to the extent th at the person liable to pay is currently making a 
profit.  
Article 81 (Late Payment, etc. of Patent Fees)  
(1)A patentee or a person intending to register a patent right may make late payment of  the patent fees 
within six months following the expiration of th e payment period prescribed under Article 79 (3). 
<Amended by Act No. 9381, Jan. 30, 2009> 
(2)In cases of late payment of patent fees pursuant to paragraph (1), an amount prescribed by 
Ordinance of the Ministry of Knowledge Economy sh all be paid within the extent of double the 
amount of patent fees payable. <Amended by Act No. 9381, Jan. 30, 2009>  
(3)In the case of failing to pay the patent fees (w here the remaining payment period provided for in 
Article 81-2 (2) does not expire in spite of the e xpiration of the extended pa yment period, referring to 
such cases as failing to pay the remaining portion of the payment fees within such remaining payment 
period) within the extended period provided for in paragraph (1), the patent application by a person 
intending to register a patent right shall be deemed  to have been abandoned and the patent right of a 
patentee shall be deemed to have terminated retro actively on the next day of the expiry date of the IP/N/1/KOR/P/4 
Page 27 
 
  
period equivalent to patent fees paid pursuant to Article 79 (1) and (2). <Amended by Act No. 6768, 
Dec. 11, 2002; Act No. 9381, Jan. 30, 2009> 
Article 81-2 (Remainder Payment)  (1) Where a patentee or a person intending to register a patent right fails to pay part of the patent fees 
within the period fixed under Article 79 (3) or 81 (1), the Commissioner of the Korean Intellectual 
Property Office shall order him/her to pay the rema ining portion of the patent fees. <Amended by Act 
No. 9381, Jan. 30, 2009> 
(2)A person ordered pay the remaining portion unde r paragraph (1) may pay the remaining portion of 
the patent fees within one month after the order is received. 
(3)A person who pays the remaining portion of th e patent fees under paragraph (2) shall pay an 
amount prescribed by Ordinance of the Ministry of Knowledge Economy within the extent of double 
the amount of patent fees not paid if he/she falls under any of the following subparagraphs: 
<Amended by Act No. 9381, Jan. 30, 2009> 
1.Where he/she pays the remaining portion of the pate nt fees after the lapse of the period of payment 
under Article 79 (3);  
2.Where he/she pays the remaining portion of the patent fees after the lapse of the period of late 
payment under Article 81 (1). 
[This Article Newly Inserted by Act No. 6768, Dec. 11, 2002] Article 81-3 (Restoration, etc. of Patent Applicati on or Patent Right by Late Payment or Remaining 
Payment of Patent Fees)  
(1)If a patentee or a person intending to register a pa tent right has failed to observe the deadline for 
late payment of the patent fees under Article 81 (1 ) or the deadline for remaining payment of the 
patent fees under Article 81-2 (2) due to any cause be yond his/her control, he/she may pay the patent 
fees or the remaining portion thereof within four teen days after the said cause ceases to exist: 
Provided, That this shall not apply where six months  have elapsed since the expiration of the deadline 
for the late payment or remaining payment, wh ichever is later. <Amended by Act No. 6768, 
Dec. 11, 2002> 
(2)Notwithstanding Article 81 (3), a person who has paid the patent  fees or the remaining portion 
thereof in accordance with paragr aph (1) shall be deemed not to have abandoned the patent 
application and the relevant patent  right shall be deemed to have  existed continuously. <Amended by 
Act No. 6768, Dec. 11, 2002; Act No. 9381, Jan. 30, 2009> 
(3)Where the patent right of a patented inven tion in execution has been extinguished, because the 
patent fee was not paid within the extended paym ent deadline under Article 81 (1) or the remaining 
portion thereof was not paid within the remaining payment period under Article 81-2 (2), the relevant 
patentee may apply to restore the relevant extinguished right by paying three times the amount of the patent fees under Article 79 within three months from the expiration date of the extended payment 
deadline or of the remaining payment period. In such  cases, the relevant patent right shall be deemed 
to have existed continuously. <Newly Inserte d by Act No. 7554, May 31, 2005; Act No. 9381, 
Jan. 30, 2009> 
(4)The effects of a patent application or a patent  right under paragraph (2) or (3) shall not extend to 
another person's working of the patented invention during a period from the date of expiration of the 
extended period for late payment of the patent fees to  the date of actual payment or remainer payment 
of the patent fees (hereafter in this Article referred to as "period of limited effect"). <Amended by Act 
No. 6768, Dec. 11, 2002; Act No. 7554, May 31, 2005> 
(5)During the period of limited e ffect, a person who has been commercially or industrially working or 
preparing to work an invention in good faith under a patent application or patent right in accordance 
with paragraph (2) or (3) in the Republic of Korea,  shall have a non-exclusive license on that patent IP/N/1/KOR/P/4 
Page 28  
  
right under the patent application within the scope  of the object of the invention or business that 
he/she is working or preparing to wo rk. <Amended by Act No. 7554, May 31, 2005> 
(6)A person who has been granted a non-exclusive license in accordance with paragraph (5) shall pay 
reasonable remuneration to the patentee or ex clusive licensee. <Amended by Act No. 7554, 
May 31, 2005> 
[This Article Newly Inserted by Act No. 6411, Feb. 3, 2001] 
Article 82 (Official Fees) (1)A person initiating a patent-related pro cedure shall pay the official fees.  
(2)Where the number of claims is increased because  of the amendments to the specification after a 
request for examination made by a person other than  the applicant, the appli cant shall pay the fees for 
the request for examination corresponding to the increased number of claims. <Amended by Act 
No. 6411, Feb. 3, 2001> 
(3)Matters necessary for the payment of official fees, the payment method and deadline thereof under 
paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended 
by Act No. 4541, Mar. 6, 1993; Act No. 5080, Dec. 29, 1995; Act No. 6768, Dec. 11, 2002; Act 
No. 8852, Feb. 29, 2008> 
Article 83 (Reduction or Exemption of Patent Fees or Official Fees)  (1) Notwithstanding Articles 79 and 82, the Commissi oner of the Korean Intellectual Property Office 
shall grant an exemption from the payment of the following patent fees or official fees: 
1.Official fees or patent fees corresponding to the pa tent applications or pate nt rights belonging to the 
State;  
2.Fees related to requests for an invalidation trial made by an examiner under Article 133 (1), 134 (1) 
or 137 (1).  
(2)Notwithstanding Articles 79 and 82, where the pa tent application has been filed by a person 
eligible for assistances in accordan ce with Article 5 of the National Basic Living Security Act or a 
person prescribed by Ordinance of the Ministry of Knowledge Economy, the Commissioner of the 
Korean Intellectual Property Office may reduce or exempt the payment of the fees prescribed by 
Ordinance of the Ministry of Knowledge Economy a nd the patent fees for obtaining the establishment 
registration of a patent right for the first three y ears. <Amended by Act No. 4541, Mar. 6, 1993; Act 
No. 5080, Dec. 29, 1995; Act No. 6024, Sep. 7, 1999; Act No. 6768, Dec. 11, 2002; Act No. 7871, Mar. 3, 2006; Act No. 8852, Feb. 29, 2008> 
(3)A person who intends to take a dvantage of reduction or exemption of patent fees or official fees in 
accordance with paragraph (2) shall submit documents  prescribed by Ordinance of the Ministry of 
Knowledge Economy to the Commissioner of the Ko rean Intellectual Property Office. <Amended by 
Act No. 4541, Mar. 6, 1993; Act No. 5080, Dec. 29, 1995; Act No. 6768, Dec. 11, 2002; Act No. 8852, Feb. 29, 2008> 
Article 84 (Refund of Patent Fees, etc.)  
(1)Patent fees and official fees paid shall not be refunded: Provided, That in the following cases, such 
fees shall be refundable upon a request by the pe rson who made such payment: <Amended by Act 
No. 5329, Apr. 10, 1997; Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006; Act No. 8197, Jan. 3, 2007>  
1.Patent fees or official fees paid by mistake; 2.Portions corresponding to the patent fee for the year s subsequent to the year in which a trial decision 
of invalidation on the patent b ecomes final and conclusive;  IP/N/1/KOR/P/4 
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3.Portions corresponding to the patent fee for the year s subsequent to the year in which a trial decision 
of invalidation on the registration of patent term extension becomes final and conclusive; 
4.Application fees for a patent and fees for the re quest for examination among official fees already 
paid where the patent application concerned was withdrawn or abandoned within a month after such 
application is filed (excluding a divisional applica tion, converted application and patent application 
with a request for preferential examination). 
(2)When any paid patent fee or official fee fa lls under any subparagraph of paragraph (1), the 
Commissioner of the Korean Intellectual Property Of fice shall issue a notification to the party who 
paid such fees. <Newly Inserted by Act No. 641 1, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
(3)Refund of patent fees and official fees under the proviso to paragraph (1) may not be claimed if 
more than three years have elapsed from the date of receiving the notification under paragraph (2). 
<Amended by Act No. 7871, Mar. 3, 2006; Act No. 8462, May 17, 2007> 
[This Article Wholly Amended by Act No. 4594, Dec. 10, 1993] Article 85 (Patent Register)  (1)The Commissioner of the Korean Intellectual Propert y Office shall keep the Patent Register at the 
Korean Intellectual Property Office and shall re gister the following matters: <Amended by Act 
No. 6768, Dec. 11, 2002> 
1.The establishment, transfer, extinguishment, recovery, restriction on disposal, or extension of the 
term of a patent right;  
2.The establishment, maintenance, transfer, modificati on, extinguishment, or restriction on disposal of 
an exclusive or non-exclusive license;  
3.The establishment, transfer, modification, extinguishment or restriction on the disposal of a pledge 
on a patent right or on an exclusive or non-exclusive license.  
(2)All or parts of the Patent Register under paragr aph (1) may be stored on magnetic tapes, etc.  
(3)Necessary information relating to the matters an d procedures of registration not provided for in 
paragraphs (1) and (2) shall be prescribed by Presidential Decree.  
(4)Specifications and drawings of patent applicati ons and other documents pr escribed by Presidential 
Decree shall be considered to be part of the Patent Register. 
Article 86 (Issuance of Patent Registration Certificate)  (1)When a patent right has been registered, the Commissioner of the Korean Intellectual Property 
Office shall issue the patent regist ration certificate to the patentee.  
(2)Where the patent registration certificate does not coincide with the Patent Register or other 
documents, the Commissioner of the Korean Intellectual Property Office shall reissue the patent 
registration certificate with amendments, or issue ne w certificate of patent registration upon request or 
ex officio.  
(3)When a decision on a trial for amendment under Article 136 (1) has become final and conclusive, 
the Commissioner of the Korean Intellectual Property Office shall issue a new patent registration 
certificate in accordance with the trial decision. 
  CHAPTER V PATENT RIGHT   Article 87 (Registration of Establishment of Pa tent Right and Publication of Registration)  
(1)A patent right shall enter into effect  upon establishment of registration thereof. IP/N/1/KOR/P/4 
Page 30  
  
(2)The Commissioner of the Korean Intellectual Prope rty Office shall register the establishment of a 
patent right in any case of the following subpara graphs: <Amended by Act No. 7871, Mar. 3, 2006> 
1.Where the payment of patent fees has been  made in accordance with Article 79 (1); 
2.Where the late payment of patent fees has been made in accordance with Article 81 (1); 
3.Where the remaining portion of patent fees has been paid in accordance with Article 81-2 (2); 
4.Where the patent fees or the remaining portion th ereof has been paid in accordance with Article 81-
3 (1); or  
5.Where an exemption from the payment of patent  fees has been granted under Article 83 (1) 1 and 
(2). 
(3)Where a registration has been made under pa ragraph (2), the Commissioner of the Korean 
Intellectual Property Office shall publish the grant of th e patent together with the relevant information 
in the Patent Gazette. <Amended by Act No. 5329, Apr. 10, 1997> 
(4)The publication of the registration of a patent fo r an invention required to be treated confidentially 
shall be reserved until it is declassified, and upon de classification, the registration shall be published 
without delay. <Newly Inserted by Act No. 5329, Apr. 10, 1997> 
(5)The Commissioner of the Korean Intellectual Property Office shall provide the application 
documents and the attached materials thereof for public inspection for a period of three months from 
the date of publication of registration. <New ly Inserted by Act No. 5329, Apr. 10, 1997> 
(6)Matters to be published in the Patent Gazette with respect to the publication of registration under 
paragraph (3) shall be prescribed by Presidentia l Decree. <Newly Inserted by Act No. 5329, 
Apr. 10, 1997> 
Article 88 (Term of Patent Right)  
(1)The term of a patent right shall commence upon re gistration of the patent right under Article 87 (1) 
and last for 20 years from the filing date of the patent application. <Amended by Act No. 5329, 
Apr. 10, 1997; Act No. 6411, Feb. 3, 2001> 
(2)Where a patent is granted to a lawful holder of the right under Articles 34 and 35, the term of a 
patent right under paragraph (1) shall be calculate d from the date following the filing date of the 
patent application by the unentitled person. <Amended by Act No. 5080, Dec. 29, 1995>  
(3)Deleted. <by Act No. 6411, Feb. 3, 2001> (4)Deleted. <by Act No. 7871, Mar. 3, 2006> Article 89 (Extension of Term of Patent Right)  Notwithstanding Article 88 (1), where authorization or registration under other Acts or subordinate 
statutes were required to work a patented invention,  and it has taken an extended period to complete 
the activity test, the safety tests, etc., necessary to obtain such authorization or registration (hereinafter referred to as "authorization") and which is prescribed  by Presidential Decree, the term of the patent 
right may be extended by a period, up to five year s, during which the patented invention could not 
have been worked. <Amended by Act No. 5576, Sep. 23, 1998>  
Article 90 (Application to Registration of  Extension of Term of Patent Right) 
(1)A person who intends to apply to register th e extension of a patent right under Article 89 
(hereinafter referred to as an "applicant for registra tion of extension") shall submit an application for 
registration of an extension of the term of a patent right to the Commissioner of the Korean Intellectual Property Office, stating each of the following: 
<Amended by Act No. 4541, Mar. 6, 1993; Act No. 5080, Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; 
Act No. 8852, Feb. 29, 2008>  IP/N/1/KOR/P/4 
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1.The name and domicile of an applicant for registra tion of extension (if the applicant is a juristic 
person, its title and the location of its place of business); 
2.The name and domicile, or location of place of busi ness, of the representative, if designated (the 
name, location of office and designated attorney's name , if the representative is a patent corporation);  
3.The identification by the number of patent for which an extension is applied, and the claims of that 
patent;  
4.The period of extension applied for;  5.The requirements for authorization under Article 89;  6.The grounds for extension as prescribed by Or dinance of the Ministry of Knowledge Economy 
(accompanied by materials substantiating the grounds).  
(2)The application to register an extension of the term of a patent right shall be filed within three 
months from the date the authorization under Ar ticle 89 was obtained: Provided, That such 
application may not be filed six months before the term of patent right provided for in Article 88 
expires. 
(3) Where the patent is owned by joint owners, an app lication to register an extension of the term of a 
patent right shall be made in th e names of all the joint owners.  
(4) Where an application for registration of an extens ion of term of a patent right has been filed, the 
term shall be deemed to have been extended, ex cept where decision of refusal for registration of 
extension of term under Article 91 (1) has become final and conclusive. <Amended by Act No. 5329, 
Apr. 10, 1997; Act No. 6411, Feb. 3, 2001> 
(5) Where an application for registration of an extens ion of the term of a patent right has been filed, 
the Commissioner of the Korean Intellectual Prope rty Office shall publish the information prescribed 
in paragraph (1) in the Patent Gazette. 
(6) An applicant for registration of an extension may make an amendment to the matters referred to in 
paragraph (1) 3 through 6, which are described in the application for registration of an extension 
(excluding the patent number of the patent right  to be extended under subparagraph 3) until the 
examiner transmits a certified copy of the decisi on for registration or refusal of the extension: 
Provided, That after receiving a notice of grounds fo r rejection which is applicable mutatis mutandis 
pursuant to Article 93, he/she may make an am endment in the period for presentation of a written 
opinion only, according to the relevant notice of grounds for rejection. <Newly Inserted by Act 
No. 6411, Feb. 3, 2001; Act No. 9381, Jan. 30, 2009> 
Article 91 (Decision of Reject Application to Re gister Extension of Term of Patent Right) 
(1) Any examiner shall make a decision to reject an a pplication to register an extension of the term of 
a patent right where it falls under any of the fo llowing situations: <Amended by Act No. 6411, 
Feb. 3, 2001> 
1.Where it is deemed that the authorization under Article 89 is not necessary for working the patented 
invention;  
2.Were the patentee, or a person who has an exclus ive or non-exclusive license under the patent right 
has not obtained the authorization under Article 89;  
3.Where the term for which an extension is app lied exceeds the period during which the patented 
invention could not have been worked;  
4.Where the applicant to register an extension is not the patentee;  5.Where the application to register an extensi on is made in violation of Article 90 (3);  
6.Deleted. <by Act No. 5576, Sep. 23, 1998> IP/N/1/KOR/P/4 
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(2) "The period during which the patented inventio n could not have been worked" in paragraph (1) 3 
shall not include any period which has elapsed for reasons attributable to the patentee. <Amended by 
Act No. 5576, Sep. 23, 1998> 
Article 92 (Decision, etc. to Register  Extending Term of Patent Right) 
(1) Where the examiner finds no reason under any of the subparagraphs of Article 91 (1) to reject an 
application for an extension of the term of a patent  right, he/she shall make a decision to register the 
extension. <Amended by Act No. 6411, Feb. 3, 2001> 
(2) When a decision to register the extension h as been made under paragraph (1), the Commissioner 
of the Korean Intellectual Property Office shall register  the extension of the term of the patent right in 
the Patent Register. <Amended by Act No. 6411, Feb. 3, 2001>  
(3) When the registration under paragraph (2) has been made, the information prescribed in the 
following subparagraphs shall be published in th e Patent Gazette: <Amended by Act No. 6411, 
Feb. 3, 2001> 
1.The name and domicile of a patentee (if the patent ee is a legal entity, its title and the location of its 
place of business); 
2.The patent number;  
3.The date of registration of the extension;  4.The period of the extension;  5.The requirements, etc., for the authorization under Article 89.  Article 93 (Mutatis Mutandis Application of Provisions) 
Articles 57 (1), 63, 67 and subparagraphs 1 thro ugh 5 and 7 of Article 148 shall apply mutatis 
mutandis to the examination of an application for th e registration of an extension of the term of a 
patent right. <Amended by Act No. 5329, Apr. 10, 1997> 
Article 94 (Effects of Patent Right) A patentee shall have the exclusive right to wo rk a patented invention both commercially and 
industrially: Provided, That where the patent right is  the subject of an exclusive license, this shall not 
apply to the extent that the exclusive licensee has th e exclusive right to work the patented invention 
under Article 100 (2).  
Article 95 (Effects of Patent Right with its Term Extended) The effects of a patent right, the term of which has been extended, shall not extend to any other acts 
except the working of the patented invention with r espect to such products for which an authorization 
was the basis for registering the extension (or wh ere the authorization was obtained for any specific 
use of the product, with respect to th e product adapted for such specific use). 
Article 96 (Limitations on Patent Rights) (1)The effects of the patent right shall not ex tend to the following: <Amended by Act No. 9985, 
Jan. 27, 2010>  
1.Working of the patented inven tion for the purpose of research or experiments (including item permit 
or reports on medicines under the Pharmaceutical Affairs Act, and research or experiments for 
registration of agrochemicals under the Agrochemicals Control Act); 
2.Vessels, aircraft or vehicles merely passing through the Republic of Korea or machinery, 
instruments, equipment or other accessories used therein; 
3.Articles existing in the Republic of Korea as at  the time the patent application was filed.  
(2)The effects of the patent right for inventions of a medicine (namely, products used for diagnosis, 
therapy, alleviation, medical treatment or preven tion of human diseases: hereinafter the same shall IP/N/1/KOR/P/4 
Page 33 
 
  
apply) manufactured by mixing two or more me dicines, or for inventions of processes for 
manufacturing medicines by mixing two or more medicines, shall not extend to the acts of manufacturing medicines or to medicines manuf actured by such acts in  accordance with the 
Pharmaceutical Affairs Act . <Amende d by Act No. 7871, Mar. 3, 2006> 
Article 97 (Scope of Protecti on of Patented Invention) 
The scope of protection conferred by a patented inve ntion shall be determined by the subject matters 
described in the claims.  
Article 98 (Relation to Patented I nvention, etc. of Another Person) 
Where the working of a patented invention woul d infringe another person's patented invention, 
registered utility model or registered design or similar design under an application filed prior to the 
filing date of the patent application concerned, or where a patent right conflicts with another person's 
design right or trademark right under an application for registration for a design right or trademark right filed prior to the filing date of the patent a pplication concerned, the patentee, exclusive licensee 
or non-exclusive licensee shall not work the patent ed invention commercially or industrially without 
the approval of the owner of the earlier patent, utilit y model right, or design right, or trademark right 
except where Article 138 (1) applies. <Amended by  Act No. 4594, Dec. 10, 1993; Act No. 6411, 
Feb. 3, 2001; Act No. 7289, Dec. 31, 2004> 
Article 99 (Transfer and Joint Ownership of Patent Right) (1)A patent right may be transferred.  (2)Where a patent right is owned jointly, each join t owner of the patent right may neither transfer 
his/her share nor establish a pledge upon it withou t the consent of all the other joint owners.  
(3)Where the patent right is owned jointly, each joint owner may, except as otherwise agreed in a 
contract among all the joint owners, work the pa tented invention by himself/herself without the 
consent of the other joint owners. 
(4)Where the patent right is owned jointly, each joint owner of the patent right may not grant an 
exclusive license or a non-exclusive license of the pa tent right without the consent of other joint 
owners. 
Article 100 (Exclusive License) (1)A patentee may grant an exclusive license of the patent right to others. (2)An exclusive licensee having been granted an excl usive license under paragraph (1), shall have the 
exclusive right to work the patented invention comme rcially or industrially to the extent provided for 
in the license contract. 
(3)An exclusive licensee may not tr ansfer the license without the consent of the patentee, unless it is 
transferred together with the underlying business, or by inheritance or other general succession. 
(4)An exclusive licensee may not establish a pledge or grant a non-exclusive license on the exclusive 
license without the consent of the patentee. 
(5)Article 99 (2) through (4) shall apply mutatis mutandis to an exclusive license. 
Article 101 (Effects of Registration of Patent Right and Exclusive License) 
(1)The following shall be of no effect unless th ey are registered: <Amended by Act No. 6411, 
Feb. 3, 2001> 
1.The transfer (except by inheritance or other ge neral succession) or extinguishment by abandonment, 
or restriction on disposal of a patent right; 
2.The grant, transfer (except by inheritance or ot her general succession), modification, extinguishment 
(except by confusion), or restriction on disposal of an exclusive license;  IP/N/1/KOR/P/4 
Page 34  
  
3.The establishment, transfer (except by inher itance or other general succession), modification, 
extinguishment (except by confusion), or restrictio n on disposal of a pledge on a patent right or 
exclusive license. 
(2)Inheritance of, or other general succession relating to a patent right, exclusive license, and pledge 
under paragraph (1) shall be notified without dela y to the Commissioner of the Korean Intellectual 
Property Office.  
Article 102 (Non-exclusive License) (1)A patentee may grant to others a non- exclusive license on his/her patent right. 
(2)A non-exclusive licensee shall have the right to  work the patented invention commercially or 
industrially to the extent prescribed in this Act or provided for by the license contract. <Amended by 
Act No. 4594, Dec. 10, 1993> 
(3)A non-exclusive license granted under Article 107 may only be transferred together with the 
underlying business. <Amended by Act No. 5080, Dec. 29, 1995> 
(4)A non-exclusive license under Article 138 of this  Act, Article 32 of the Utility Model Act, or 
Article 70 of the Design Protection Act shall be tr ansferred together with the patent right, utility 
model right, or design right concerned and shall be extinguished as at the same time the patent, utility 
model or design right concerned is extinguished . <Amended by Act No. 5576, Sep. 23, 1998; Act 
No. 7289, Dec. 31, 2004; Act No. 7871, Mar. 3, 2006> 
(5)A non-exclusive license, other than those desc ribed in paragraphs (3) and (4), may not be 
transferred without the consent of the patentee (o r the patentee and the excl usive licensee in the case 
of a non-exclusive license on an exclusive license) , unless it is transferred together with the 
underlying business, or by inheritance or othe r general succession. <Amended by Act No. 5080, 
Dec. 29, 1995; Act No. 6411, Feb. 3, 2001> 
(6)A pledge may not be establis hed on a non-exclusive license, other than those under paragraphs (3) 
and (4), without the consent of the patentee (or th e patentee and the exclusive licensee in case of a 
non-exclusive license on an exclusive license). 
(7)Article 99 (2) and (3) shall apply mutatis mu tandis to a non-exclusive license. <Amended by Act 
No. 4594, Dec. 10, 1993> 
Article 103 (Non-exclusive License by Prior Use) At the time of filing of a patent application, a person who has made an inve ntion without having prior 
knowledge of the contents of an invention described in an existing patent application, or has learned 
how to make the invention from such a person and has been working the invention commercially or 
industrially in the Republic of Korea, in good faith, or has been making preparations therefor, shall 
have a non-exclusive license on that patent right for the invention under the patent application. Such 
license shall be limited to the invention which is be ing worked, or for which preparations for working 
have been made, and to the purpose of such work ing or preparations. <Amended by Act No. 6411, 
Feb. 3, 2001> 
Article 104 (Non-exclusive License Due to Working Pr ior to Registration of Request for Invalidation 
Trial) 
(1)Where a person falling under any one of the following subparagraphs has been working an 
invention or a device in the Republic of Korea co mmercially or industrially, or has been making 
preparations therefor, prior to the registration of a request for an invalidation trial of the patent or 
registered utility model concerned, without knowin g that his/her patented invention or registered 
utility model is subject to invalidation, such pers on shall have a non-exclusive license on that patent 
right or have a non-exclusive license on the exclusive license to a patent right existing at the time the 
patent or the utility model registration was invalidat ed, but such non-exclusiv e license shall be limited 
to the invention or device which is being worked or for which preparations for working are being IP/N/1/KOR/P/4 
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made and to the purpose of such working or the pr eparations therefor: <Amended by Act No. 5576, 
Sep. 23, 1998; Act No. 7871, Mar. 3, 2006> 
1.The original patentee, where one of two or more  patents granted for the same invention has been 
invalidated; 
2.The original owner of a utility model right, where a patented invention and a device registered as a 
utility model are the same and the utility model registration has been invalidated; 
3.The original patentee, where his/her patent has be en invalidated and a patent  for the same invention 
has been granted to an entitled person; 
4.The original owner of a utility model right, wh ere his/her utility model registration has been 
invalidated and a patent for the same invention as the device has been granted to an entitled person; 
5.In cases of subparagraphs 1 throug h 4, a person who has been granted an exclusive license or a non-
exclusive license, or non-exclusive license on the excl usive license and has been registered such, at 
the time of registration of the request for an invalida tion trial of the invalidated patent right or utility 
model right: Provided, That a person falling under Ar ticle 118 (2) is not required to register the 
license. 
(2) A person who has been granted a non-exclusive license in accordance with paragraph (1) shall pay 
reasonable remuneration to the patentee or exclusive licensee. 
Article 105 (Non-exclusive License after Expiration of Design Right) (1) Where a design right applied for a patent and regist ered prior to or on the filing date of a patent 
application conflicts with the patent right, and the term of the design right has expired, the owner of 
such design right shall have a non-exclusive licen se on the patent right or the exclusive license 
existing at the time the design right expired to the extent of such design right. <Amended by Act 
No. 7289, Dec. 31, 2004> 
(2) Where a design right applied for a patent and regist ered prior to or on the filing date of a patent 
application conflicts with the patent right, and th e term of the design right has expired, a person who 
has an exclusive license on the design right existed at the time of  expiration, or non-exclusive license 
under Article 118 (1) of this Act, as applied mutatis  mutandis by Article 61 of the Design Protection 
Act related to the design right or the exclusive licen se shall have a non-exclusive license on the patent 
right concerned or on the exclusive license at the time  the design right expired to the extent of the 
expired right. <Amended by Act No. 7289, Dec. 31, 2004> 
(3) A person who has been granted a non-exclusiv e license under paragraph (2) shall pay reasonable 
compensation to the patentee or exclusive licensee. 
Article 106 (Expropriation of Patent Rights) 
(1) If a patented invention is necessary for national de fense in time of war, uprising, or other similar 
emergency, the Government may expropriate a patent right. <Amended by Act No. 9985, 
Jan. 27, 2010> 
(2) If a patent right is expropriated, rights to th e invention other than the patent right shall be 
extinguished. 
(3) If the Government expropriates a patent ri ght, it shall pay reasonable compensation to the 
patentee, exclusive licensee or non-exclusive licensee. <Amended by Act No. 9985, Jan. 27, 2010> 
(4) Necessary matters concerning the expropriation of patent rights and payment of compensation 
therefor shall be prescribed by Presidential Decree. <Amended by Act No. 9985, Jan. 27, 2010> 
Article 106-2 (Working of Patented Invention by Government, etc.) IP/N/1/KOR/P/4 
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(1) If it is deemed necessary to non-commercially wo rk a patented invention due to a national or 
extreme emergency, or for the public interests, the Government may directly work the patented 
invention or have any person othe r than the Government work it. 
(2) When the Government or any person other than the Government becomes aware of or is able to 
know the fact that a patent right retained by a thir d person exists, he/she or it shall promptly notify the 
patentee, exclusive licensee or non-exclusive licen see of the fact of working under paragraph (1). 
(3) When the Government or any person other th an the Government works a patented invention 
pursuant to paragraph (1), he/she or it shall pa y reasonable compensation to the patentee, exclusive 
licensee or non-exclusive licensee. 
(4) Necessary matters concerning working of a pate nted invention and payment of compensation shall 
be prescribed by Presidential Decree. [This Article Newly Inserted by Act No. 9985, Jan. 27, 2010] 
Article 107 (Adjudication for Grant of Non-exclusive License) (1) Where a patented invention falls under any of  the following subparagraphs, and where agreement 
is not reached while having a consultation with th e patentee or exclusive licensee of the relevant 
patented invention on granting a non-exclusive licen se under reasonable conditions (hereafter in this 
Article, referred to as the "consultation") or where the consultation is unable to take place, a person 
who intends to work the patented invention may request the Commissioner of the Korean Intellectual 
Property Office to adjudicate (hereinafter referred to as an "adjudication") for the authorization of a 
non-exclusive license thereon: Provided, That in cas e where intended to work the patented invention 
non-commercially for the public interests and wher e falling under the provision s of subparagraph 4, 
an adjudication may be applied even if no agreemen t has been reached: <Amended by Act No. 7554, 
May 31, 2005> 
1.Where the patented invention has not been work ed for more than three consecutive years in the 
Republic of Korea, except in cases of natural disaster, unavoidable circumstances or other justifiable reasons prescribed by Presidential Decree; 
2.Where the patented invention has not been contin uously worked commercially or industrially in the 
Republic of Korea on a substantial scale during a pe riod of three years or more without justifiable 
grounds, or where the domestic demand for the pate nted invention has not been satisfied to an 
appropriate extent and un der reasonable conditions; 
3.Where the working of the patented invention is specially necessary for public interests; 
4.Where the working of the patented invention is necessary to remedy a practice determined to be 
unfair after the judicial or administrative process;  
5.Where the working of the patented invention is necessary for exporting medicines (including 
effective ingredients necessary for medicine produc tion and diagnosis kits necessary for the use of 
medicines) to countries intending to import the medici nes (hereafter in this Ar ticle, referred to as the 
"importing countries") to cure diseases that threaten  the health of the majority of its citizens. 
(2) Paragraph (1) 1 and 2 shall not  apply unless a period of four years has lapsed from the filing date 
of the application for patent right to the patented invention. 
(3) In adjudication for the authorization of a non- exclusive license, the Commissioner of the Korean 
Intellectual Property Office shall consider the necessity of each and every claim.  
(4) In making an adjudication under paragraph (1) 1 through 3, or 5, the Commissioner of the Korean 
Intellectual Property Office shall impose cond itions falling under each of the following sub-
paragraphs on persons subject to the adjudica tion: <Amended by Act No. 7554, May 31, 2005> 
1.In cases of adjudication under paragraph (1) 1 thr ough 3, the non-exclusive license shall be mainly 
worked for the purpose of supplies fo r sufficiency of inland demands;  IP/N/1/KOR/P/4 
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2.In an adjudication under paragraph (1) 5, all vol ume of produced medicines shall be exported to 
importing countries. 
(5) In making an adjudication, the Commissioner of the Korean Intellectual Property Office shall 
assure that an appropriate price shall be paid . In such cases, in making an adjudication under 
paragraph (1) 4 or 5, matters falling under each of the following subparagraphs may be considered for 
a decision of pricing: <Amended by Act No. 7554, May 31, 2005> 
1.In the case of adjudication under paragraph (1) 4,  the purport for correcting unfair trade acts;  
2.In the case of adjudication under paragraph (1) 5,  the economic values in importing countries which 
occur by working the relevant patented inventions.  
(6) With respect to semi-conductor technology, the request for adjudication may be made only in 
cases set forth in paragraph (1) 3 (limited to non-co mmercial working for the public interests) or 4. 
<Amended by Act No. 7554, May 31, 2005> 
(7) The importing countries shall be limited to World Trade Organization member countries which 
have notified the World Trade Organization of matters falling under each of the following 
subparagraphs, or non-WTO members prescribed by  Presidential Decree which have notified the 
Government of the Republic of Korea of matters falling under each of the following subparagraphs: 
<Newly Inserted by Act No. 7554, May 31, 2005>  
1.Name and volume of medicines required by importing states; 2.If importing countries are not the least developed countries listed in a resolution of the General 
Assembly of the United Nations, the confirmation of the importing states that manufacturing abilities for production of the relevant medicines are non-existent or insufficient; 
3.In case where the relevant medicines have been pa tented in the importing states, the confirmation of 
the said countries that compulsory licensing has been permitted or inte nded to be permitted. 
(8) Medicines under paragraph (1) 5 mean those falling under any of the following subparagraphs: 
<Newly Inserted by Act No. 7554, May 31, 2005>  
1.Patented medicines;  
2.Medicines produced by the patented manufacturing methods;  
3.Patented effective ingredients necessar y for the production of medicines;  
4.Patented diagnosis kit necessary for the use of medicines. (9) Documents to be submitted by persons demandi ng an adjudication and other matters necessary for 
the adjudication shall be prescribed by  
Presidential Decree. <Newly Inserted by Act No. 7554, May 31, 2005> 
[This Article Wholly Amended by Act No. 5080, Dec. 29, 1995] 
Article 108 (Submission of Response) Upon a request for adjudication, the Commissioner of  the Korean Intellectual Property Office shall 
transmit a copy of the written request to the pate ntee or exclusive licensee mentioned in the request 
and to any other persons having any registered righ t relating to the patent, and shall give them an 
opportunity to submit a response within the deadline. 
Article 109 (Hearing of Opinions from Intellectua l Property Rights Dispute Coordination Committee 
and Heads of Related Ministries) 
If recognized as necessary for making an adjudicati on, the Commissioner of the Korean Intellectual 
Property Office may hear opinions from the Intellectual Property Rights Dispute Coordination Committee under Article 41 of the Invention Promotion Act and the heads of the related Ministries, IP/N/1/KOR/P/4 
Page 38  
  
and may request the related administrative instituti ons or the related persons  to cooperate. <Amended 
by Act No. 7871, Mar. 3, 2006; Act No. 8357, Apr. 11, 2007> 
[This Article Wholly Amended by Act No. 7554, May 31, 2005] Article 110 (Formalities, etc. of Adjudications) (1)An adjudication shall be made in writing and shall state the reasons therefor. 
(2)The following matters shall be specified in an adjudication under paragraph (1): <Amended by Act 
No. 5080, Dec. 29, 1995; Act No. 7554, May 31, 2005>  
1.The scope and duration of a non-exclusive license; 2.The remuneration for the license and method and time of payment; 3.In cases of adjudication under Article 107 (1) 5, th e medicines supplied by the patentee, exclusive 
licensee, or non-exclusive licensee (excluding the hol der of a non-exclusive license issued through 
adjudication) of the relevant patented invention,  externally discernable packaging and markings and 
the addresses of a Web site that publishes information on the following;  
4.Other codes of practice necessary for executing th e contents provided by Acts and subordinate 
statutes or treaties to be executed by the person who is granted the adjudication in working the 
relevant patented invention. 
(3)Except for cases having justifiable grounds, the Commissioner of the Korean Intellectual Property 
Office shall make decisions on adjudication with in six months from the date of demanding an 
adjudication. <Newly Inserted by Act No. 7554, May 31, 2005> 
(4)Where the demand for adjudication under Article 107 (1) 5 falls under paragra phs (7) and (8) of the 
said Article and all documents under paragraph (9) of the same Article are submitted, the 
Commissioner of the Korean Intellectual Property Of fice shall make an adjudication of establishment 
of the non-exclusive license, except for cases where justifiable grounds exist. <Newly Inserted by Act 
No. 7554, May 31, 2005> 
Article 111 (Delivery of Certified Copies of Adjudication) (1)Where an adjudication is made, the Commissioner of the Korean Intellectual Property Office shall 
deliver certified copies of adjudication to the parti es and any other persons having the registered right 
relating to the patent. 
(2)When a copy of adjudication has been delivered to  the parties under paragraph (1), consultation to 
the terms as specified in the adjudication shall be  deemed to have been held by the parties. 
Article 111-2 (Alteration of Written Adjudication) (1)Where any alteration is require d on the matters of Article 110 (2) 3 which are specified on the 
written adjudication, the person who is grante d the adjudication may request such to the 
Commissioner of the Korean Intellectual Property O ffice by attaching documents proving the relevant 
causes. 
(2)Where the request under paragraph (1) is admitt ed to be reasonable, the Commissioner of the 
Korean Intellectual Property Office may alter the matt ers clarified on the written adjudication. In such 
cases, he/she shall hear opinions of the interested persons. 
(3) Article 111 shall apply mutatis mutandis to the cases under paragraph (2). [This Article Newly Inserted by Act No. 7554, May 31, 2005]  Article 112 (Deposit of Remuneration) A party who is obligated to pay a remuneration unde r Article 110 (2) 2 shall make a deposit thereof 
under the following circumstances: 
1.Where the party entitled to receive the rem uneration refuses or is unable to receive it; IP/N/1/KOR/P/4 
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2.Where an action under Article 190 (1) has been brought with respect to the remuneration;  
3.Where the patent right or exclusive license is the subject of a pledge: Provided, That the same shall 
not apply where the pledgee has consented. 
Article 113 (Lapse of Adjudication) Where a person who was granted the adjudication on the authorization fails to pay or deposit the 
remuneration (or the first instalment thereof, if paym ent is to be made periodically or by instalments) 
under Article 110 (2) 2 by payment deadline,  the adjudication shall lose its effect. 
Article 114 (Cancellation of Adjudication) (1)Where a person who was granted the adjudica tion on the authorization falls under any of the 
following subparagraphs, the Commissioner of the Ko rean Intellectual Property Office may cancel the 
adjudication, ex officio or upon request by any interested party: Provided, That in cases of 
subparagraph 2, such action shall protect the non-ex clusive license's lawful interests: <Amended by 
Act No. 5080, Dec. 29, 1995; Act No. 7554, May 31, 2005>  
1.Where the working of the patented invention is not within the purpose of the adjudication;  2.Where the grounds for adjudication on the author ization of non-exclusive license disappears and it 
is deemed that such grounds will not reoccur;  
3.Where matters under Article 110 (2) 3 or 4 which are specified on the written adjudication are 
violated without any justifiable grounds. 
(2)The provisions of Articles 108, 109, 110 (1) and 111 (1) shall apply mutatis mutandis to cases of 
paragraph (1) of this Article. 
(3)The non-exclusive license shall be extinguished upon cancellation of the ruling under paragraph (1) 
of this Article. 
Article 115 (Restriction on Reason for Objections to Adjudication) Where a request for an administra tive trial has been filed under the Administrative Appeals Act or a 
revocation action has been brought under the Administ ration Litigation Act as to the adjudication, the 
remuneration determined in the adjudication sha ll not be a basis for objection. <Amended by Act 
No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
Article 116 (Cancellation of Patent Right) (1)Where a patented invention has not been contin uously worked in the Republic of Korea during a 
period of two years or more from the date of  an adjudication under Article 107 (1) 1, the 
Commissioner of the Korean Intellectual Property O ffice may cancel the patent right ex officio or 
upon request of any interested party. 
(2)Articles 108, 109, 110 (1) and 111 (1) shall apply mu tatis mutandis to the case of paragraph (1) of 
this Article. 
(3)The patent right shall be extinguished upon cance llation of a patent right under paragraph (1) of 
this Article. 
Article 117 Deleted. <by Act No. 6411, Feb. 3, 2001> 
Article 118 (Effects of Registration of Non-exclusive License) 
(1)When a non-exclusive license has been registered, it shall also be effective against any person who 
subsequently acquires the patent right or an exclusive license. 
(2)A non-exclusive license granted under Articles 81- 3 (5), 103 through 105, 122, 182 and 183 of this 
Act, and Article 10 (1) of the Invention Promotion Act shall have the same effect as prescribed under 
paragraph (1) of this Article even if it has not been registered. <Amended by Act No. 6411, 
Feb. 3, 2001; Act No. 7871, Mar. 3, 2006; Act No. 8197, Jan. 3, 2007; Act No. 8357, Apr. 11, 2007> IP/N/1/KOR/P/4 
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(3)The transfer, modification, extinguishment or r estriction on disposal of a non-exclusive license or 
the establishment, transfer, modification, extinguishmen t or restriction on dispo sal of a pledge relating 
to a non-exclusive license shall not be effectiv e against a third party unless it is registered. 
Article 119 (Restriction on Abandonment of Patent Right, etc.) (1)A patentee shall not abandon his/her patent right  without the consent of the exclusive licensee, 
pledgee, or non-exclusive licensee under Articles 100 (4 ) and 102 (1) of this Act and Article 10 (1) of 
the Invention Promotion Act. <Amended by Act No . 4594, Dec. 10, 1993; Act No. 8197, Jan. 3, 2007; 
Act No. 8357, Apr. 11, 2007> 
(2)An exclusive licensee shall not abandon his/he r exclusive license without the consent of the 
pledgee or non-exclusive licensee under Article 100 (4).  
(3)A non-exclusive licensee shall not abandon his/he r non-exclusive license without the consent of the 
pledgee. 
Article 120 (Effects of Abandonment) A patent right, or an exclusive or non-exclusive licen se thereon, shall be extinguished as of the time of 
abandonment of the patent right or of the exclusive or non-exclusive license thereon. 
Article 121 (Pledge) 
Where a patent right or an exclusive or non-exclus ive license is the subject of a pledge, the pledgee 
may not work the patented invention ex cept as otherwise agreed in a contract. 
Article 122 (Non-exclusive License Incidental to Tr ansfer of Patent Right by Exercise of Pledge 
Right) 
If a patentee works a patented invention prior to th e establishment of a pledge on the patent right, the 
patentee shall have a non-exclusive license on the pate nted invention even if the patent right is 
transferred by an auction. In such cases, the pate ntee shall pay reasonable re muneration to the person 
to whom the patent right is transferred by an auction, etc. <Amended by Act No. 4594, Dec. 10, 1993> 
Article 123 (Subrogation of Pledge) 
A pledge may be exercised against remuneration under  this Act or against remuneration or goods to 
be received for the working of the patented inven tion: Provided, That an attachment order shall be 
obtained prior to the payment or delivery of the remuneration or goods. 
Article 124 (Extinguishment of Pate nt Right in Absence of Successor) 
A patent right shall be extinguished when no successor exists at the time of succession. 
Article 125 (Report on Working of Patent) 
The Commissioner of the Korean Intellectual Pr operty Office may require a patentee, exclusive 
licensee or non-exclusive licensee to report whether th e patented invention has been worked and the 
extent of such working, etc. 
Article 125-2 (Title of Execution on Am ount of Compensation and Remuneration) 
A final and conclusive ruling by the Commissioner of the Korean Intellectual Property Office on the 
amount of the compensation or remuneration to be paid  under this Act shall have the same effect as an 
enforceable title of execution. In such cases, the enforceable writ, which has the force of execution, 
shall be given by a public official of the Korean Intellectual Property Office. 
[This Article Newly Inserted by Act No. 6411, Feb. 3, 2001] 
  IP/N/1/KOR/P/4 
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CHAPTER VI PROTECTION OF PATENTEE  1) A patentee or exclusive licensee may demand a pers on who is infringing or is likely to infringe on 
his/her own patent right to discontinue or refrain from such infringement. 
(2) A patentee or an exclusive licensee acting unde r paragraph (1) may demand the destruction of the 
articles by which the act of infringement was committ ed (including the products obtained by the act of 
infringement in cases of a process invention for manufacturing the products), the removal of the 
facilities used for the act of infringement, or othe r measures necessary to prevent the infringement. 
Article 127 (Acts Deemed to be Infringement) Where any person intends to conduct any of the fo llowing acts as his/her business, he/she shall be 
deemed to infringe on a patent right or an exclusive license: <Amended by Act No. 5080, 
Dec. 29, 1995; Act No. 6411, Feb. 3, 2001> 
1.In cases of the invention of a product, acts of making, assigning, leasing, importing, or offering for 
assignment or lease articles used exclusively for producing such products; 
2.In cases of the invention of process, acts of making, assigning, leasing, importing or offering for 
assignment or lease articles used excl usively for working such a process. 
Article 128 (Presumption, etc., of Amount of Damage) (1) Where a patentee or exclusive licensee claims compensation from a person who has intentionally 
or negligently infringed his/her patent right or excl usive license for damage caused by the infringer's 
transfer of infringing articles, the amount of damage  may be calculated by multiplying the number of 
transferred articles by the profit per unit of the artic les that the patentee or exclusive licensee might 
have sold in the absence of said infringement. In such cases, the compensation may not exceed an 
amount calculated by multiplying the estimated profit per unit by the amount obtained by subtracting the number of articles actually sold from the number of products that the patentee or exclusive licensee could have produced: Provided, That wher e the patentee or exclusive licensee was unable to 
sell his/her product for reasons other than infringeme nt, a sum calculated according to the number of 
articles subject to the said circumstances shall be  deducted. <Newly Inserted by Act No. 6411, 
Feb. 3, 2001> 
(2) Where a patentee or exclusive licensee claims compensation for damage from a person who has 
intentionally or negligently infringed a patent righ t or exclusive license, the profits gained by the 
infringer as a result of the infringement shall be presu med to be the amount of damage suffered by the 
patentee or exclusive licensee. 
(3) Where a patentee or exclusive licensee claims compensation for damage from a person who has 
intentionally or negligently infringed a patent right  or exclusive license, the pecuniary amount which 
he/she would normally be entitled to receive for work ing of the patented invention may be claimed as 
the amount of damage suffered by the patentee. 
(4) Notwithstanding paragraph (3), where the amount  of actual damage exceeds the amount referred 
to in paragraph (3), the amount in excess may also be claimed as compensation for damage. In such 
cases, the court may take into consideration the fact  that there has been neither wilfulness nor gross 
negligence on the part of the person who has infring ed the patent right or the exclusive license when 
awarding damages. <Amended by Act No. 6411, Feb. 3, 2001> 
(5)In litigation relating to a patent right or excl usive license, where the court recognizes that the 
nature of the facts of the case makes it difficult to provide evidence proving the amount of damage 
that has occurred, the court may determine a reasona ble amount on the basis of an examination of the 
evidence and on a review of all the arguments, not withstanding paragraphs (1) through (4). <Newly 
Inserted by Act No. 6411, Feb. 3, 2001> IP/N/1/KOR/P/4 
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Article 129 (Presumption of Process for Manufacturing) 
Where one product is identical to another product manufactured by a patented process, the former 
shall be presumed to have been manufactured by the patented process of the latter except where any 
one of the following subparagraphs applies: 
1.Inventions publicly known or worked in the Repub lic of Korea prior to the filing of the patent 
application;  
2.Inventions described in a publication distributed in  the Republic of Korea or in a foreign country or 
inventions made known to the public through te lecommunication lines prescribed by Presidential 
Decree prior to the filing of the patent application. 
[This Article Wholly Amended by Act No. 6411, Feb. 3, 2001] 
Article 130 (Presumption of Negligence) 
A person who has infringed a patent right or exclusive license of another person shall be presumed to 
have been negligent regarding such act of infringement. 
Article 131 (Recovery of Reputation of Patentee, etc.) Upon request of a patentee or exclusive licensee, th e court may order the person who has injured the 
business reputation of the patentee or exclusive licen see by intentionally or ne gligently infringing the 
patent right or exclusive license to take necessary measures to restore the business reputation of the 
said patentee or exclusive licensee, in lieu of damages or in addition thereto. 
Article 132 (Submission of Documents) In litigation relating to the infringement of a patent  right or exclusive license, the court may, upon 
request of a party, order the other party to subm it documents necessary for the assessment of damages 
caused by the infringement: Provided, That this  shall not apply when the person possessing the 
documents has justifiable reason for refusing to submit them.   CHAPTER VII TRIAL 
 
Article 132-2 (Intellectual Property Tribunal)  (1)The Intellectual Property Tribunal shall be est ablished under the jurisdiction of the Commissioner 
of the Korean Intellectual Property Office to be res ponsible for trials and retr ials regarding patents, 
utility models, designs and trademarks and inves tigation and research thereof. <Amended by Act 
No. 7289, Dec. 31, 2004> 
(2)The Intellectual Property Tribunal shall be compo sed of the President and administrative patent 
judges.  
(3)Matters necessary for the organization, pers onnel and operation of th e Intellectual Property 
Tribunal shall be determined by the Presidential Decree. 
[This Article Newly Inserted by Act No. 4892, Jan. 5, 1995] 
Article 132-3 (Trial against Decision of Reject Patent Application, etc.) Where a person who has received a decision to reject a patent application or a decision to reject an 
application to register an extension of the term of  a patent right under Article 91 has an objection to 
such decision, such person may request a trial with in thirty days from the date of receipt of the 
certified copy of the decision. <Amende d by Act No. 7871, Mar. 3, 2006> 
[This Article Newly Inserted by Act No. 6411, Feb. 3, 2001] 
Article 132-4 Deleted. <by Act No. 6411, Feb. 3, 2001> IP/N/1/KOR/P/4 
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Article 133 (Invalidation Trial of Patent) 
(1)In the following cases, an interested party or an examiner may request a trial to invalidate a patent. 
In such cases, that patent contains two or more claims, a request for the invalidation trial may be made for each claim: Provided, That, if three months have not passed since the date of registration 
publication of the patent right after registration of  its establishment, any person may make a request 
for the invalidation trial on the grounds that the patent falls under any one of the following 
subparagraphs (excluding subpa ragraph 2): <Amended by Act No. 7871, Mar. 3, 2006> 
1.Where a person has violated Article 25, 29, 32, 36 (1) through (3), or 42 (3) or (4); 2.Where the patent has been granted to a pers on not entitled to obtain the patent under the main 
sentence of Article 33 (1), or in violation of Article 44; 
3.Where a person is unable to obtain the pa tent under the proviso to Article 33 (1); 
4.After the grant of the patent, where the patentee is no longer capable of enjoying the patent right 
under Article 25, or the patent comes to be contrary to a treaty; 
5.Where the application is amended beyond the scope under Article 47 (2); 
6.Where the application is a divisional applicati on filed beyond the scope under Article 52 (1);  
7.Where the application is a converted app lication beyond the scope under Article 53 (1); 
8.Where the patent application concerned has b een a patent application resulting from conversion 
made in violation of Article 53 (1). 
(2)A trial under paragraph (1) may be requested even after the extinguishment of a patent right. 
(3)Where a trial decision invalidating a patent has be come final and conclusive, the patent right shall 
be deemed never to have existed:  Provided, That where a patent fa lls under paragraph (1) 4 and a trial 
decision invalidating the patent has become final and conclusive, the patent right shall be deemed not 
to have existed at the time when the patent first became subject to the said subparagraph. 
(4)Where a trial under paragraph (1) has been re quested, the presiding administrative patent judge 
shall notify the exclusive licensee of the patent ri ght and any other persons having registered rights 
relating to such patent of the purport of such request. 
Article 133-2 (Correction of Patent during Invalidation Trial of Patent) 
(1)A defendant of a trial under Article 133 (1) ma y request corrections to the specification or 
drawings of a patented invention only in cases falling under any of the subparagraphs of 
Article 136 (1) within the term designated pursu ant to Article 147 (1) or the latter part of 
Article 159 (1).  In such cases, if the presiding admi nistrative patent judge finds it necessary to allow 
request of corrections due to submission of eviden tial documents by an applicant after the designated 
time period prescribed by Article 147 (1), he/she ma y designate another period and allow request of 
corrections within the period. <Amended by Act No. 8197, Jan. 3, 2007; Act No. 9381, Jan. 30, 2009> 
(2) In cases of a request of corrections pursuant to pa ragraph (1), a request of corrections carried out 
before the request of corrections during the proc edures of relevant invalidation trials shall be 
considered withdrawn. <Newly Inser ted by Act No. 8197, Jan. 3, 2007> 
(3)When the corrections have been requested under pa ragraph (1), the presiding administrative patent 
judge shall deliver a copy of the written requ est to the defendant under Article 133 (1).  
(4)Articles 136 (2) through (5), (7) through (11), 139 (3) and 140 (1), (2) and (5) shall apply mutatis 
mutandis to a request for correction under paragraph (1). In their application, the term "before 
issuance of a notification of closure of the trial examination under Article 162 (3) (where the trial 
examination is reopened under Article  162 (4), before a subsequent notification of the closure of the IP/N/1/KOR/P/4 
Page 44  
  
trial examination is issued under Article 162 (3))" in Article 136 (9) shall be construed as "within the 
designated term where it would be noticed under Article 136 (5)."  
(5)With respect to the application of paragraph (4),  Article 136 (4) shall not apply mutatis mutandis in 
correcting a claim against which a patent invalidatio n trial is requested under Article 133 (1). <Newly 
Inserted by Act No. 7871, Mar. 3, 2006; Act No. 8197, Jan. 3, 2007> 
[This Article Newly Inserted by Act No. 6411, Feb. 3, 2001] 
Article 134 (Invalidation Trial of Registration for Extension of Term of Patent Right) 
(1)In the following cases, any interest ed party or examiner may request a trial to invalidate the 
registration of an extension of the term of a pa tent right: <Amended by Act No. 5329, Apr. 10, 1997> 
1.Where an extension had been registered with r espect to the application that did not require any 
authorization, etc. under Article 89 for purposes of working the patented invention; 
2.Where an extension had been registered with respect to the application, authorization under 
Article 89 of which was not obtained by the patentee or an exclusive licensee thereof or a registered 
non-exclusive licensee; 
3.Where the term extended by the registration of  an extension exceeds the period during which the 
patented invention could not be worked; 
4.Where the registration of an extension has been effected on an application made by a person other 
than the patentee; 
5.Where the registration of an extension has been effected on an application made in violation of 
Article 90 (3);  
6.Deleted. <by Act No. 5576, Sep. 23, 1998> 
(2)Article 133 (2) and (4) shall a pply mutatis mutandis to a request for a trial under paragraph (1). 
(3)Where a trial decision that the registration of ex tension is to be invalidated has become final and 
conclusive, the registration of extens ion of the term shall be deemed never to have existed: Provided, 
That where the registration of extension falls un der paragraph (1) 3, an extension of the term 
exceeding the period during which the patented inventi on could not be worked shall be deemed not to 
be effective. <Amended by Act No. 6411, Feb. 3, 2001> 
Article 135 (Trial to Confirm Scope of Patent Right) (1)A patentee, an exclusive licensee or an interested  person may request a trial to confirm the scope of 
a patent right. <Amended by Act No. 7871, Mar. 3, 2006> 
(2)Where a trial is requested to confirm the sco pe of a patent right under paragraph (1), the 
confirmation may apply to each claim if the patent contains two or more claims. 
Article 136 (Trial for Correction) 
(1)A patentee may request a trial to correct the sp ecification or drawing(s) for reasons under any of 
the following subparagraphs: Provided, That this sha ll not apply where an invalidation trial against the 
patent is pending before the Intellectual Pr operty Tribunal: <Amended by Act No. 7871, 
Mar. 3, 2006; Act No. 9381, Jan. 30, 2009> 
1.Where the scope of claims is reduced; 
2.Where a clerical error is corrected;  3.Where an ambiguous statement is made to a clear statement. (2)Correction of the specification or drawings under paragraph (1) sha ll be limited to the scope of the 
subject matter disclosed in the specification or draw ings of the patented invention: Provided, That 
where a clerical error is corrected pursuant to paragr aph (1) 2, it shall be limited to the scope of the IP/N/1/KOR/P/4 
Page 45 
 
  
subject matter of the specification or drawings initia lly attached to the application. <Amended by Act 
No. 9381, Jan. 30, 2009> 
(3)For purposes of paragraph (1), the clai m shall neither be extended nor modified. 
(4)A correction which is made in accordance with paragraph (1) and falls und er paragraph (1) 1 and 2 
shall be patentable at the time of filing of the pate nt application with regard to the matters which are 
described in the scope of claims after the co rrection. <Amended by Act No. 9381, Jan. 30, 2009> 
(5)Where a request for a trial for correction under pa ragraph (1) deems not to comply with any of the 
subparagraphs of paragraph (1), deems to exceed the scope of paragr aph (2), or to be in violation of 
paragraph (3) or (4), the administrative patent judge  shall notify the petitioner of the reasons therefor 
and give him/her an opportunity to submit his/ her written opinion within a designated time limit. 
<Amended by Act No. 9381, Jan. 30, 2009> 
(6)A trial for correction under paragraph (1) may be requested even after the patent right has been 
extinguished: Provided, That this shall not apply wh ere the patent has been invalidated by a trial 
decision. <Amended by Act No. 7871, Mar. 3, 2006> 
(7)A patentee shall not request a trial for correc tion under paragraph (1) without the consent of an 
exclusive licensee, a pledgee or a non-exclusive licensee under Articles 100 (4) and 102 (1) of this 
Act and Article 10 (1) of the Invention Promotion Act. <Amended by Act No. 8197, Jan. 3, 2007; Act 
No. 8357, Apr. 11, 2007> 
(8)Where a trial decision allowing the specification or drawings of a patented invention to be 
corrected becomes final and conclusive, the patent  application, laying-open of the application, 
decision to grant the patent or trial decision on pate nt and the establishment registration of the patent 
right shall be deemed to have been made on the basis of such corrected specification or drawings. 
(9)A petitioner may amend the corrected specificati on or drawings attached to the written request 
prescribed in Article 140 (5) only before issuance of  a notification of closure of trial proceedings 
under Article 162 (3) (where the trial proceedings  are reopened under Article 162 (4) before a 
subsequent notification of the closure of tria l proceedings is issued under Article 162 (3)). 
(10)Where a decision has been rendered to allow corr ection of the specification or drawings of the 
patented invention, the President of the Intell ectual Property Tribunal shall notify the Commissioner 
of the Korean Intellectual Property O ffice of the corrected subject matter. 
(11)In cases where a notification is issued under paragraph (10), the Commissioner of the Korean 
Intellectual Property Office shall publish it in the Patent Gazette. 
[This Article Wholly Amended by Act No. 6411, Feb. 3, 2001] 
Article 137 (Trial for Invalidation of Correction) 
(1)An interested party or an examiner may request a trial for an invalidation of a correction, where the 
correction of the specification or drawings of a patented invention under Article 133-2 (1) or 136 (1) 
has been made in violation of any one of the fo llowing: <Amended by Act No. 6411, Feb. 3, 2001; 
Act No. 7871, Mar. 3, 2006; Act No. 8197, Jan. 3, 2007; Act No. 9381, Jan. 30, 2009>  
1.Any of the subparagraphs of Article 136 (1);  
2.Article 136 (2) through (4) (i ncluding cases where the said provisi ons shall apply mutatis mutandis 
under Article 133-2 (4)). 
(2)Article 133 (2) and (4) shall appl y mutatis mutandis to a request for a trial under paragraph (1).  
(3)A defendant in an invalidation trial under paragraph (1) may request corrections of the 
specification or drawings of a patented invention for reasons provided under any of the subparagraph 
of Article 136 (1) within the term designated under Ar ticle 147 (1) or the latter part of Article 159 (1). 
<Newly Inserted by Act No. 6411, Feb. 3, 2001; Act No. 9381, Jan. 30, 2009> IP/N/1/KOR/P/4 
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(4)Article 133-2 (3) and (4) shall apply muta tis mutandis to a request for correction under 
paragraph (3). In such cases, "Article 133 (1)" in  Article 133-2 (3) shall be  construed as "Article 137 
(1)." <Newly Inserted by Act No. 6411, Feb. 3, 2001; Act No. 8197, Jan. 3, 2007> 
(5)Where a trial decision to invalidate a corr ection under paragraph (1) has become final and 
conclusive, the correction shall be deemed never to have been made. 
Article 138 (Trial for Granting Non-exclusive License) 
(1)If a patentee, or exclusive or non-exclusive licen see, intends to obtain permission to exercise the 
right provided for in Article 98, and if the other party concerned refuses to grant the permission 
without justifiable grounds or it is not possible to obtain such permission, the said patentee or exclusive or non-exclusive licensee may request a tr ial for the grant of a non-exclusive license having 
the scope necessary to work the patented invention.  
(2)Where the request under paragraph (1) has b een made, a non-exclusive license shall be granted 
only where the patented invention of the later app lication constitutes any impor tant technical advance 
having substantial economical value in comparison with the other party's patented invention or 
registered utility model for which an application was filed prior to the filing date of the later 
application. <Amended by Act No. 6411, Feb. 3, 2001> 
(3)If a person who has granted a non-exclusive license  under paragraph (1) needs to work the patented 
invention of the person who has been granted such  non-exclusive license, and if the latter refuses to 
give permission or if it is impossible to obtain such  permission, the former may request a trial for the 
grant of a non-exclusive license within the scope of  the patented invention which he/she intends to 
work by obtaining such license. 
(4)A non-exclusive licensee under paragraphs (1) a nd (3), shall pay remuneration to the patentee, 
owner of the utility model right, owner of the desi gn right or exclusive licensee thereof: Provided, 
That if the non-exclusive licensee is unable to make  payment for reasons beyond his/her control, the 
remuneration shall be deposited. <Ame nded by Act No. 7289, Dec. 31, 2004> 
(5)A non-exclusive licensee under paragraph (4) shall not work the patented invention, registered 
utility model or registered design, or similar de sign without payment of remuneration or deposit 
thereof. <Amended by Act No. 4594, Dec. 10, 1993; Act No. 7289, Dec. 31, 2004> 
Article 139 (Request for Joint Trial, etc.) (1)Where two or more persons re quest an invalidation trial under Articles 133 (1), 134 (1) and 137 (1) 
or a trial to confirm the scope of a patent right unde r Article 135 (1), the request may be made jointly.  
(2)Where a trial is requested against any of the joint owners of a patent right, all the joint owners shall 
be made defendants. 
(3)Where joint owners of a patent right or of a ri ght to obtain a patent request a trial concerning the 
right under joint ownership, the request sha ll be made jointly by all of the owners. 
(4)Where there are grounds for the suspension of trial proceedings which apply to one of the 
requesters under paragraph (1) or (3) or one of the defendants under paragraph (2), the suspension 
shall be effective against all of them.  
Article 140 (Formal Requirements of Request for Trial) (1)A person who intends to request a trial shall submit a written request to the President of the 
Intellectual Property Tribunal, stating the followi ng: <Amended by Act No. 4892, Jan. 5, 1995; Act 
No. 6411, Feb. 3, 2001> 
1.Name and domicile of a person (if the person is a ju ristic person, its title and the location of its place 
of business);  
1-2.The name and domicile, or location of place of business, of the representative, if designated (the 
name, location of office and designated patent attorney 's name, if the agent is a patent corporation); IP/N/1/KOR/P/4 
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2.Identification of the trial case; 
3.The purport of the request and the grounds therefor. (2)No amendment to a request for trial submitted unde r paragraph (1) shall be made in the intent or 
purpose thereof: Provided, That this shall not a pply when such amendment falls under any of the 
following subparagraphs: <Amended by Act No. 8197, Jan. 3, 2007; Act No. 9381, Jan. 30, 2009>  
1.Where an amendment (including an addition) is  made to correct a statement of a patentee from 
among the persons concerned pur suant to paragraph (1) 1; 
2.Where the reason for a request is amended under paragraph (1) 3;  3.At a trial requested by a patentee or an exclus ive licensee as a petitioner to confirm the scope of a 
patent right, the specification or drawings of th e invention subject to confirmation on the written 
request for a trial is amended by the petitioner in or der to make it identical with the invention which is 
on the working by the defendant, in cases where th e defendant insists that the specification or 
drawings of the invention subject to confirmation on the written request for a trial (referring to the 
defendant's invention claimed by the petitioner) ar e different from the invention which is on the 
working by himself/herself. 
(3)When a trial is requested to confirm the scope  of a patent right under Article 135 (1), the 
specification capable to be compared with the patent ed invention and the relevant drawings shall be 
attached to the written request. <Amended by Act No. 6411, Feb. 3, 2001> 
(4)A written request for a trial under Article 138 (1) sha ll, in addition to the particulars referred to in 
paragraph (1), state the following: <Amende d by Act No. 5080, Dec. 29, 1995; Act No. 7289, 
Dec. 31, 2004> 
1.The number and title of his/her patent  which is required to be worked;  
2.The number, title and date of the other party's pate nt, registered utility model or registered design to 
be worked;  
3.The scope, duration and remuneration for the non- exclusive license for a patented invention, a 
registered utility model or a registered design. 
(5)When a trial for amendment under Article 136 (1 ) is requested, the amended specification or 
drawings shall be attached to the written request for trial. <Amended by Act No. 6411, Feb. 3, 2001> 
Article 140-2 (Formal Requirements of Request fo r Trial against Decision to Reject Patent 
Application) 
(1)Notwithstanding Article 140 (1), a person who in tends to request a trial against a decision of 
refusal of a patent under Article 132-3 shall, s ubmit a written request to the President of the 
Intellectual Property Tribunal, stating the following:  <Amended by Act No. 6411, Feb. 3, 2001; Act 
No. 7871, Mar. 3, 2006; Act No. 9381, Jan. 30, 2009> 
1.The name and domicile of a petitioner (if the petitione r is a juristic person, its title and the location 
of its place of business);  
1-2.The name and domicile, or location of place of business, of the agent, if designated (the name, 
location of office and designated patent attorney's  name, if the agent is a patent corporation); 
2.The filing date and file number of the application;  3.The title of the invention;  4.The date of the decision;  5.The identification of the trial case;  6.The purport of the request and the grounds therefor. IP/N/1/KOR/P/4 
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(2)Where a written request for a trial submitted pursuan t to paragraph (1) is amended, the gist thereof 
shall not be changed: Provided, Th at this shall not apply where such amendment falls under any of the 
following subparagraphs: <Newly Inserted by Act No. 9381, Jan. 30, 2009> 
1.Where an amendment (including an addition) is ma de to correct a statement of a petitioner pursuant 
to paragraph (1) 1;  
2.Where a reason for request pursuant to paragraph (1) 6 is amended. 
(3)Deleted. <by Act No. 9381, Jan. 30, 2009>  [This Article Wholly Amended by Act No. 5329, Apr. 10, 1997]  Article 141 (Rejection of Request for Trial) (1)The presiding administrative patent judge shall order an amended submission within a specified 
period where any of the following subparagraphs a pplies: <Amended by Act No. 6411, Feb. 3, 2001> 
1.Where a request for trial does not comply with Article 140 (1) and (3) through (5) or 140-2 (1);  2.Where a procedure relating to a tria l falls under any of the following cases:  
(a) Where the procedure is not in compliance with Article 3 (1) or 6;  (b) Where fees required in accordance with  Article 82 have not been paid;  
(c) Where the procedure is not in compliance with  the formalities specified in this Act or order 
thereunder. 
(2)Where a person who has been ordered to make an amended submission under paragraph (1) fails to 
do so within the specified period, the presiding admini strative patent judge shall reject the request for 
trial by decision. <Amended by Act No. 6411, Feb. 3, 2001> 
(3)A decision to reject a request for trial under pa ragraph (2) shall be in writing and shall state the 
reasons therefor.  
(4)through (6) Deleted. <by Act No. 4892, Jan. 5, 1995> Article 142 (Dismissal of Request for Trial containing Incurable Defects by Trial Decision)  If a request for a trial contains unlawful defects which cannot be corrected by amendment, such 
request may be rejected by a ruling without giving  the defendant an opportunity to submit a written 
reply.  
Article 143 (Administrative Patent Judge)  (1)When a trial is requested, the President of th e Intellectual Property Tribunal shall direct the 
administrative patent judges to hear the case.  <Amended by Act No. 4892, Jan. 5, 1995> 
(2)The qualifications of the admi nistrative patent judges shall be prescribed by Presidential Decree. 
<Amended by Act No. 4892, Jan. 5, 1995> 
(3)Administrative patent judges shall conduct their offi cial trial duties for the trial in an independent 
manner. <Amended by Act No. 4892, Jan. 5, 1995> 
Article 144 (Designation of Admi nistrative Patent Judge)  
(1)For each trial, the President of the Intellectua l Property Tribunal shall designate administrative 
patent judges constituting a collegial body unde r Article 146. <Amended by Act No. 4892, 
Jan. 5, 1995> 
(2)When any administrative patent judge designate d in accordance with paragraph (1) is unable to 
participate in the trial, the President of the Intellectual Property Tribunal may allow another 
administrative patent judge to do so. <Amended by Act No. 4892, Jan. 5, 1995> 
Article 145 (Presiding Administrative Patent Judge)  IP/N/1/KOR/P/4 
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(1)The President of the Intellectual Property Tribun al shall select one of the administrative patent 
judges designated under Article 144 (1) as the presidi ng administrative patent judge. <Amended by 
Act No. 4892, Jan. 5, 1995> 
(2)The presiding administrative patent judge shall preside over all matters relating to the trial.  
Article 146 (Board for Trial)  
(1)A trial shall be conducted by a board of three or five administrative patent judges. <Amended by 
Act No. 4892, Jan. 5, 1995> 
(2)The board referred to in paragraph (1) sh all make its decisions by a majority vote.  
(3)The consultations of the administrative pa tent judges shall not be open to the public. 
Article 147 (Submission of Written Response, etc.)  
(1)When a trial has been requested, the presiding admi nistrative patent judge shall deliver a copy of 
the written request to the defendant  and shall give him/her an oppor tunity to submit a written response 
within a designated time limit.  
(2)Upon receipt of the written response under paragra ph (1), the presiding administrative patent judge 
shall transmit a copy of the response to the petitioner.  
(3)The presiding administrative patent judge may direc tly examine the parties in relation to the trial.  
Article 148 (Exclusion of Administrative Patent Judge) In the following cases, an administrative patent judge shall be precluded from exercising his/her 
functions in a trial: <Amended by Act No. 6411, Fe b. 3, 2001; Act No. 7427, Mar. 31, 2005; Act 
No. 7871, Mar. 3, 2006> 
1.Where the administrative patent judge or his/her pr esent or former spouse is a party or intervenor; 
2.Where the administrative patent judge is or was a blood relative of a party or intervenor; 
3.Where the administrative patent judge is or was a legal representative of a party or intervenor; 
4.Where the administrative patent judge has become  a witness or expert witness or was an expert 
witness;  
5.Where the administrative patent judge is or was an agent of a party or intervenor; 
6.Where the administrative patent judge has partic ipated as an examiner or administrative patent 
judge in a decision to grant a patent or a trial decision relating to the case;  
7.Where the administrative patent judge has a direct interest.  Article 149 (Request for Exclusion)  Where grounds for preclusion under Article 148 exist, a party or intervenor may request the exclusion 
of an administrative patent judge.  
Article 150 (Challenge of Admi nistrative Patent Judge)  
(1)Where there are circumstances wh erein the participation of an ad ministrative patent judge would 
compromise the fairness of the proceedings in a trial, such administrative patent judge may be 
challenged by a party or intervenor. 
(2) After a party or intervenor has made a written or  oral statement with regard to the case before an 
administrative patent judge, he/she may not challenge  the administrative patent judge: Provided, That 
the same shall not apply where the party or inte rvenor did not know that there was a ground for 
challenge or where a ground for challenge arose subsequently.  
Article 151 (Indication of Grounds for Exclusion or Challenge) IP/N/1/KOR/P/4 
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(1)A person who presents a motion for exclusion or  challenge under Articles 149 and 150 shall submit 
a document to the President of the Intellectual Property Tribunal stating the grounds therefor: Provided, That in an oral trial examination, an oral challenge may be made. <Amended by Act 
No. 4892, Jan. 5, 1995; Act No. 6411, Feb. 3, 2001> 
(2)The underlying causes for exclusion or challenge sh all be substantiated within three days from the 
date the motion was presented. 
Article 152 (Decision on Petition for Exclusion or Challenge)  (1)A decision on a petition for exclusion or challenge shall be made by a trial.  
(2)The administrative patent judge subject to the ex clusion or challenge motion shall not participate in 
the trial of the request: Provided, That he/she may state his/her opinion.  
(3)A decision made under paragraph (1) shall be in  writing and shall state the reasons therefor.  
(4)No appeal shall be made against a decision made under paragraph (1).  
Article 153 (Suspension of Proceedings)  When a motion for exclusion or challenge has b een presented, the trial proceedings shall be 
suspended until a decision thereon has been made: Provi ded, That this shall not  apply to the matters 
requiring urgent attention.  
Article 153-2 (Avoidance of Administrative Patent Judge) Where Article 148 or 150 applies to an administrative patent judge, he/she may avoid trial 
proceedings relating to the case with the consen t from the President of the Intellectual Property 
Tribunal. 
[This Article Newly Inserted by Act No. 6411, Feb. 3, 2001] 
Article 154 (Trial Proceedings, etc.) 
(1)Trial proceedings shall be conducted by oral h earing or documentary examination: Provided, That 
where when a party requests an oral hearing, tria l proceedings shall be conducted by oral hearing 
except where it is recognized that a decision can be  made on the basis of a documentary examination 
alone. <Amended by Act No. 6411, Feb. 3, 2001> 
(2) Deleted. <by Act No. 6411, Feb. 3, 2001> 
(3)Oral hearings shall be conducte d in public: Provided, That this shall not apply where public order 
or morality is likely to be injured thereby.  <Amended by Act No. 6411, Feb. 3, 2001> 
(4)Where the trial proceedings are conducted by oral  hearings in accordance w ith paragraph (1), the 
presiding trial examiner shall designate the date and place thereof and transmit a document containing such information to the parties and intervenors: Pr ovided, That this shall not apply where the parties 
or intervenors to attend the case have alread y been notified. <Amended by Act No. 6411, 
Feb. 3, 2001> 
(5)With respect to the trial proceed ings by oral hearings under the provisions of paragraph (1), an 
official designated by the President of the Intellectual Property Tribunal shall, under the direction of the presiding administrative patent judge, prepare a protocol setting forth the gist of the proceedings 
and other necessary matters for the date of each trial proceeding. <Amended by Act No. 4892, 
Jan. 5, 1995; Act No. 6411, Feb. 3, 2001> 
(6)The presiding administrative patent judge and th e official who has prepared the protocol under 
paragraph (5) shall sign the protocol and affix their seals thereto.  
(7)Articles 153, 154, and 156 through 160 of the Civ il Procedure Act shall apply mutatis mutandis to 
the protocol under paragraph (5). <Amended by Act No. 6626, Jan. 26, 2002; Act No. 7871, 
Mar. 3, 2006> IP/N/1/KOR/P/4 
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(8)Articles 143, 259, 299 and 367 of the Civil Proc edure Act shall apply mutatis mutandis to a trial. 
<Amended by Act No. 6626, Jan. 26, 2002; Act No. 7871, Mar. 3, 2006> 
Article 155 (Intervention)  (1)Any person having the right to request a trial under Article 139 (1) may intervene in the trial before 
the conclusion of the trial examination.  
(2)An intervenor under paragraph (1 ) may continue a trial even after the request for the trial has been 
withdrawn by the original party.  
(3)Any person having an interest in  the result of a trial may intervene in the trial before the conclusion 
of the trial examination in order to assist one of the parties.  
(4)An intervenor under para graph (3) may initiate and take part in any procedure relating to the trial.  
(5)Where there are grounds for suspension of a tria l proceeding applicable to the intervenor under 
paragraph (1) or (3), the suspension shall also  be effective against the original party.  
Article 156 (Request for Intervention and Ruling Thereon)  (1)A person intending to intervene in a trial shall submit a request for intervention to the presiding 
administrative patent judge.  
(2)The presiding administrative patent judge shall tr ansmit copies of the request for intervention to the 
parties and other intervenors and give them an  opportunity to submit written opinions within a 
designated deadline. 
(3)Where a request for intervention is made, th e ruling thereon shall be made by a trial.  
(4)The ruling under paragraph (3) shall be in writing and shall state the reasons therefor.  
(5)No appeal shall be made agains t the ruling under paragraph (3).  
Article 157 (Taking and Preserving Evidence)  
(1)With respect to a trial, evidence may be taken or  preserved upon request of a party, intervenor or 
interested person, or ex officio.  
(2)The provisions of the Civil Procedure Act relating to the taking and preserving evidence shall 
apply mutatis mutandis to any taking and preserving evidence under paragraph (1): Provided, That the 
administrative patent judge may not impose a fine for negligence, order compulsory appearance, or 
require the deposit of money as a security. <Amended by Act No. 4892, Jan. 5, 1995; Act No. 7871, Mar. 3, 2006> 
(3)A request to preserve evidence shall be made to  the President of the Intellectual Property Tribunal 
prior to a request for trial and to the presiding admi nistrative patent judge of the case while the trial is 
pending. <Amended by Act No. 4892, Jan. 5, 1995> 
(4)Where a motion for preservation of evidence has b een made under paragraph (1) prior to a request 
for trial, the President of the Intellectual Propert y Tribunal shall designate an administrative patent 
judge to be responsible for the preservation of ev idence. <Amended by Act No. 4892, Jan. 5, 1995> 
(5)Where evidence has been taken or preserved ex  officio under paragraph (1), the presiding 
administrative patent judge shall notify the parties,  intervenors, and interested persons thereof and 
shall give them an opportunity to submit written opinions within a designated deadline. 
Article 158 (Continuation of Trial Proceedings)  Notwithstanding the failure of a party or intervenor to take any proceedings w ithin a statutory period 
or deadline designated in accordance with this Act, or  prescribed by other Acts, or failure to appear on 
the designated date in accordance with Article 154 (4), the presiding administrative patent judge may 
proceed with the trial proceedings.  
Article 159 (Ex Officio Trial Examination) IP/N/1/KOR/P/4 
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(1)Grounds which have not been pleaded by a party or  intervenor in a trial may be examined. In such 
cases, the parties and intervenors shall be given an  opportunity to state their opinions regarding such 
grounds, within a designated deadline. <Amended by Act No. 6411, Feb. 3, 2001> 
(2)In a trial, no examination may be made on the pu rpose of a claim not requested by the petitioner. 
<Newly Inserted by Act No. 4594, Dec. 10, 1993> 
Article 160 (Joint or Separate Conduct of Trial Proceedings or Trial Decisions)  
The administrative patent judge may jointly or separ ately conduct trial proceedings or trial decisions 
with regard to two or more trial proceedings wh ere one or both parties thereto are the same.  
Article 161 (Withdrawal of Request for Trial) (1)A request for trial may be withdrawn by a petitio ner before the trial decision has become final and 
conclusive: Provided, That the consent of the defe ndant for the withdrawal shall be obtained where a 
response has already been submitted.  
(2)When a request for a trial for invalidating a patent under Article 133 (1) or for confirming the 
scope of a patent right under Article 135 has been made with regard to two or more claims, the 
request may be withdrawn for each of the claims.  
(3)Where a request for a trial or a request for each  of the claims is withdrawn in accordance with 
paragraph (1) or (2), the request shall be deem ed never to have been made. <Amended by Act 
No. 6411, Feb. 3, 2001> 
Article 162 (Trial Decisions) (1)Except as otherwise provided for, a trial shall be  closed when a trial decision has been made.  
(2)The trial decision under paragraph (1) shall be in writing, signed and sealed by the administrative 
patent judges who have rendered it, and shall st ate the following: <Amended by Act No. 5080, 
Dec. 29, 1995; Act No. 6411, Feb. 3, 2001> 
1.The number of the trial;  2.The name and domicile of the parties and interven ors (if a juristic person, the title and the place of 
business);  
2-2.The name and domicile or place of business of the representative, if any (the title, place of office 
and name of designated patent attorney if  the agent is a patent corporation);  
3.The identification of the trial case;  4.The text of the ruling (including the scope, dura tion and remuneration of a non-exclusive license in 
trial cases under Article 138);  
5.The reasons for the decision (including the purport  and a summary of the reason for the request);  
6.The date of the ruling.  
(3)When a case has been thoroughly examined and is ready to be ruled, the presiding administrative 
patent judge shall notify the parties and intervenors thereof.  
(4)Even after notification of the closure of the trial examination under paragraph (3), the presiding 
administrative patent judge may, if necessary, reope n the examination upon the motion of a party or 
an intervenor or ex officio. 
(5)The decision shall be rendered with in twenty days following the date  on which the closure of a trial 
examination is notified under paragraph (3).  <Amended by Act No. 4594, Dec. 10, 1993> 
(6)When a trial decision or a ruling has been rendere d, the presiding administrative patent judge shall 
transmit a certified copy of the trial decision or the ruling to the parties, intervenors, and persons who 
have requested intervention to the trial, but ha ve been rejected. <Amended by Act No. 4892, 
Jan. 5, 1995> IP/N/1/KOR/P/4 
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Article 163 (Res Judicata) 
When a trial decision has become final and conclusive  pursuant to this Act, with regard to the case, no 
person may demand the trial again on the basis of th e same facts and evidence: Provided, That this 
shall not apply where the final and conclusive trial decision is a decision of rejection. <Amended by 
Act No. 6411, Feb. 3, 2001> 
Article 164 (Relations to Litigation) 
(1)Procedures of a trial may, if necessary, be suspe nded until the trial decision of another trial relevant 
to the trial becomes final and conclusive or litiga tion procedures thereon are concluded. <Amended by 
Act No. 5329, Apr. 10, 1997; Act No. 7871, Mar. 3, 2006>  
(2)The court may, if deemed necessary for the litig ation procedures, suspend the litigation procedures 
until a trial decision on the patent becomes final and conclusive.  
(3)Where a legal action against an infringement on a pa tent right or exclusive license is instituted, the 
relevant court shall notify the President of the Inte llectual Property Tribunal of  its purport. This shall 
also apply where the litigation procedures have be en terminated. <Newly Inserted by Act No. 6411, 
Feb. 3, 2001> 
(4)Where a trial for invalidating a patent, etc. is requested in response to a legal action against an 
infringement on a patent right or exclusive li cense under paragraph (3), the President of the 
Intellectual Property Tribunal shall notify the releva nt court under paragraph (3) of its purport. This 
shall also apply where a decision of rejection, a re quest for trial, or a withdrawal of a request has 
occurred. <Newly Inserted by Act No. 6411, Feb. 3, 2001> 
Article 165 (Costs of Trial) 
(1)The imposition of costs in connection with a trial under Articles 133 (1), 134 (1), 135 and 137 (1) 
shall be decided by a trial decision in the event the trial is terminated by a trial decision, or by a 
decision in the trial where the trial is terminated  in a manner other than by a trial decision.  
(2)Articles 98 through 103, 107 (1) and (2), 108, 111, 112, and 116 of the Civil Procedure Act shall 
apply mutatis mutandis to the costs in connection with the trial under paragraph (1). <Amended by 
Act No. 6626, Jan. 26, 2002; Act No. 7871, Mar. 3, 2006> 
(3)The costs in connection with the trial under Article 132-3, 136 or 138 shall be borne by a 
petitioner. <Amended by Act No. 4892, Jan. 5, 19 95; Act No. 6411, Feb. 3, 2001; Act No. 7871, 
Mar. 3, 2006> 
(4)Article 102 of the Civil Procedure Act shall ap ply mutatis mutandis to the costs borne by the 
petitioner under paragraph (3). <Amended by  Act No. 4892, Jan. 5, 1995; Act No. 6626, 
Jan. 26, 2002; Act No. 7871, Mar. 3, 2006> 
(5)The President of the Intellectual Property Tribunal shall decide the total costs of a trial upon 
request by an interested party, after the trial d ecision or the ruling has become final and conclusive. 
<Amended by Act No. 4892, Jan. 5, 1995; Act No. 6411, Feb. 3, 2001> 
(6)The extent, amount, and payment of the costs of  a trial, as well as the payment of the costs for 
performing any procedural acts in the trial, shall be  governed by the relevant provisions of the Costs 
of Civil Procedure Act unless they are incompa tible. <Amended by Act No. 7871, Mar. 3, 2006> 
(7)The fees which a party has paid or will pay to a patent attorney who represents the party in the trial 
shall be deemed an element of the costs in connectio n with a trial to determine the extent of the costs 
by the Commissioner of the Korean Intellectual Propert y Office. In this regard, even if two or more 
patent attorneys have represented a person for the tria l, it shall be deemed to have been represented by 
one patent attorney. 
Article 166 (Title of Enforcement of  Trial Costs or Remuneration) IP/N/1/KOR/P/4 
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A final and conclusive ruling on the costs of a tr ial decided by the President of the Intellectual 
Property Tribunal or on the compensation to be paid  under this Act, as decided by an administrative 
patent judge, shall have the same effect as an enforceable title of liability. In such cases, the 
enforceable writ, which has the forc e of execution, shall be given by an official of the Intellectual 
Property Tribunal.  
[This Article Wholly Amended by Act No. 6411, Feb. 3, 2001] 
Articles 167 through 169 Deleted. <by Act No. 4892, Jan. 5, 1995>  Article 170 (Mutatis Mutandis Application of Provisi ons on Examination to Trial against Decision to 
Reject Patent Application) 
(1)Article 47 (1) 1 and 2, Articles 51, 63 and 66 sh all apply mutatis mutandis to a trial against a 
decision to reject a patent application. In such case s, "Article 47 (1) 2 and 3" in the main sentence of 
Article 51 (1) shall be construed as "Article 47 (1) 2", and "amendment" in the main sentence of 
Article 51 (1) shall be construed as an "amendment (excluding su ch amendments made before a 
request for a trial against a decision to reject a patent application referred to in Article 132-3)." 
<Amended by Act No. 9381, Jan. 30, 2009> 
(2)Article 63, which applies mutatis mutandis unde r paragraph (1), shall apply where grounds for 
rejection have been found that are different from tho se in the examiner's origin al decision to reject a 
patent application. <Amended by  Act No. 6411, Feb. 3, 2001> 
[This Article Wholly Amended by Act No. 5329, Apr. 10, 1997] Article 171 (Special Provisions of Trial agains t Decision to Reject Patent Application) 
Articles 147 (1) and (2), 155 and 156 shall not apply to a trial against a decision to reject a patent 
application or against a decision to reject to regi ster an extension of the term of a patent right. 
[This Article Wholly Amended by Act No. 9381, Jan. 30, 2009] Article 172 (Effect of Examination Proceedings) Procedures previously taken during the course of an ex amination shall also rema in effective in a trial 
against a decision to reject a patent application or ag ainst a decision to reject to register an extension 
of the term of a patent right. 
[This Article Wholly Amended by Act No. 7871, Mar. 3, 2006] Articles 173 through 175 Deleted. <by Act No. 9381, Jan. 30, 2009> Article 176 (Cancellation of Decision of Rejection, etc.) (1) Where an administrative patent judge has deem ed that the request for a trial under Articles 132-3 
was well-grounded, he/she shall make a trial deci sion to cancel the decision to reject a patent 
application or to reject the registration of an ex tension of term of a patent right. <Amended by Act 
No. 5329, Apr. 10, 1997; Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
(2)Where a decision to reject a patent application or to reject the registration of an extension of term 
of a patent right is cancelled in a trial, a tria l decision may be made to remand the case to the 
Examination Division. <Amended by Act No. 5329, Apr. 10, 1997; Act No. 6411, Feb. 3, 2001; Act 
No. 7871, Mar. 3, 2006>  
(3)In ruling on a trial under paragra phs (1) and (2) of this Article, the reasons constituting the basis for 
the reversal shall bind the examiner with respect to the case.  
[This Article Wholly Amended by Act No. 4892, Jan. 5, 1995] Article 177 Deleted. <by Act No. 4892, Jan. 5, 1995> 
 
 
CHAPTER VIII RETRIAL  IP/N/1/KOR/P/4 
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 Article 178 (Request for Retrial)   (1)Any party may request a retrial against a trial decision which has become final and conclusive.  
(2) Articles 451 and 453 of the Civil Procedure Ac t shall apply mutatis mutandis to a request for 
retrial under paragraph (1). <Amended by Act No. 6626, Jan. 26, 2002; Act No. 7871, Mar. 3, 2006> 
Article 179 (Request for Retrial on Trial Decision of Fraudulent)  (1)Where the parties in a trial acted in collusion for the purpose of causing a trial decision to be 
rendered which damages the rights or interests of a third party, the third party may request a retrial 
against the final and conclusive trial decisi on. <Amended by Act No. 4892, Jan. 5, 1995> 
(2)In the case of a request for a retrial under paragr aph (1), the parties of the trial shall be joint 
defendants. <Amended by Act No. 4892, Jan. 5, 1995> 
Article 180 (Period for Requesting Retrial)  (1)A retrial shall be requested within thirty days  from the date on which the petitioner becomes aware 
of the grounds for the retrial after the trial ruling became final and conclusive.  
(2)Where a retrial is requested on the ground of de fects in an authority of representative, the period 
provided for in paragraph (1) shall be counted fro m the day following the date on which the petitioner 
or his/her legal representative becomes aware that the trial decision had been rendered, by means of a 
transmittal of the certified copy of such ruling.  
(3)No request for a retrial shall be made after the expiration of three years from the date on which the 
trial ruling became final and conclusive.  
(4)Where grounds for a retrial arise after the trial decision has become final and conclusive, the period 
prescribed in paragraph (3) shall be counted from the day following the date on which the grounds 
first arose. 
(5)Paragraphs (1) and (3) shall not apply to a request  for a retrial made on the grounds that the trial 
ruling conflicts with a final and conclusi ve trial decision previously rendered.  
Article 181 (Restriction on Effects of Patent Rights Restored by Retrial) 
(1) Patent rights shall not be effective to any product that was imported into, manufactured or 
acquired in good faith, in the Republic of Korea afte r the trial decision became final and conclusive 
but before a request for a retrial has been register ed in any of the following cases: <Amended by Act 
No. 5576, Sep. 23, 1998; Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006>  
1.Where the patent right whose patent or registrati on of term extension was concluded to be invalid 
has been restored by a retrial;  
2.Where a trial decision to the contrary through a re trial has become final and conclusive after a trial 
decision that a product was outside the scope of the patent right became final and conclusive; 
3.Where the establishment of a patent right or the exte nsion of a patent term with respect to a patent 
application or application for registration of extens ion of patent term, previously refused by a trial 
decision, has been registered through a retrial. 
(2)Patent rights under any subparagr aph of paragraph (1) shall not extend to any of the following acts: 
<Amended by Act No. 5080, Dec. 29, 1995> 
1.Acts of working the invention in good faith afte r a trial decision became final and conclusive but 
before the registration of a request for retrial;  
2.In the case of a patent for an invention of a product, manufacturing, assigning, leasing, importing, or 
offering for to assign or lease such articles as to be used exclusively for the manufacture of the IP/N/1/KOR/P/4 
Page 56  
  
products, in good faith, after trial decision became fina l and conclusive but before the registration of a 
request for retrial;  
3.In the case of a patent for an invention of a process, manufacturing, assigning, leasing, importing, 
offering to assign or lease such articles as to be u sed exclusively for the working of the process, in 
good faith, after a trial decision became final and conc lusive but before the registration of a request 
for retrial.  
Article 182 (Non-exclusive License for Prior User of Patent Right Restored through Retrial)  
For cases which fall under any of subparagraphs of Ar ticle 181 (1), any person who has, in good faith, 
commercially or industrially worked the invention in the Republic of Korea, or has been making preparations therefor, after a trial ruling became fina l and conclusive but prior to the registration of a 
request for retrial, such person sh all have a non-exclusive license on the patent right to the extent of 
the invention and of the purpose of business which is  being worked or of which the preparations for 
working are being made. 
Article 183 (Non-exclusive License for Person Depr ived of Non-exclusive License by Retrial)  
(1)After a decision to grant a non-exclusive licen se under Article 138 (1) or (3) has become final and 
conclusive, where a decision to the contrary is re ndered through a retrial, an y person who has, in good 
faith, commercially or industrially worked the inve ntion in the Republic of Korea or has been making 
preparations therefor under a non-exclusive license, pr ior to the registration of a request for retrial, 
shall have a non-exclusive license on the patent righ t or on the exclusive license existing at the time 
the decision at the retrial becomes final and conclusive, to the extent of the purpose of his/her business and to the scope of the invention un der the original non-exclusive license.  
(2)Article 104 (2) shall apply mutatis mutandis to the case referred to under paragraph (1).  
Article 184 (Mutatis Mutandis Applicati on of Provisions on Trial to Retrial) 
The provisions relating to the procedures of a trial shall apply mutatis mutandis to procedures of a 
retrial on a trial, unless they are not compatible.  
[This Article Wholly Amended by Act No. 4892, Jan. 5, 1995] 
Article 185 (Mutatis Mutandis Application of  Provisions of Civil Procedure Act)  
Article 459 (1) of the Civil Procedure Act shall ap ply mutatis mutandis to a request for a retrial. 
<Amended by Act No. 6626, Jan. 26, 2002; Act No. 7871, Mar. 3, 2006>   CHAPTER IX LITIGATION  
 
Article 186 (Action against Trial Decision, etc.) (1)The Patent Court of Korea shall have original jurisdiction over any action against a trial decision or 
dismissal of a request for a trial or retria l. <Amended by Act No. 6411, Feb. 3, 2001> 
(2)The action prescribed in paragraph (1) may be br ought by a person who is a party, intervenor or 
any person who has requested for interventi on in the trial but has been rejected.  
(3)The action prescribed in paragraph (1) may be bro ught within thirty days from the date of receipt 
of a certified copy of the trial decision or ruling.  
(4)The period prescribed in para graph (3) shall be invariable. 
(5)With respect to an invariable period as referred to in paragraph (4), the presiding administrative 
patent judge may, ex officio, determine any additi onal period for the benefit of a person residing in a 
remote area or area with poor transportation.  
(6)An action may not be brought unless it relates to  matters for which a trial may be requested.  IP/N/1/KOR/P/4 
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(7)An action under paragraph (1) on a trial decisi on on remuneration under Article 162 (2) 4 and a 
trial decision or ruling on trial costs under Ar ticle 165 (1) may not be brought independently.  
(8)Any person who has received a ruling from the Pa tent Court may appeal to the Supreme Court.  
[This Article Wholly Amended by Act No. 4892, Jan. 5, 1995] Article 187 (Qualification for Defendant)  
In an action under Article 186 (1), the Commissioner of the Korean Intellectual Property Office shall 
be a defendant: Provided, That in cases of an  a trial or trial decisions on a retrial under 
Articles 133 (1), 134 (1), 135 (1), 137 (1), 138 (1) and (3) or retrial, the petitioner or the defendant 
thereof shall be a defendant.  
[This Article Wholly Amended by Act No. 4892, Jan. 5, 1995] 
Article 188 (Notification of Institution of Action and Delivery of Original Copy of Judgment) 
(1)When an action brought under Artic le 186 (1) is instituted or an a ppeal filed under Article 186 (8), 
the Patent Court shall notify, without delay, the Pr esident of the Intellectual Property Tribunal thereof. 
<Amended by Act No. 6411, Feb. 3, 2001> 
(2)When an action under the proviso to Article 187 (1) has been concluded, the Patent Court shall 
deliver an original copy of a judgment to the President of the Intellectual Property Tribunal.  
[This Article Wholly Amended by Act No. 4892, Jan. 5, 1995] Article188-2(Exclusion, Challenge or Avoidance of Technical Examiner) 
(1) Article 148 of this Act, Articles 42 through 45 , 47 and 48 of the Civil Procedure Act shall apply 
mutatis mutandis to exclusion, challenge or avoi dance of such technical examiner prescribed by 
Article 54-2 of the Court Organization Act. <Ame nded by Act No. 6626, Jan. 26, 2002; Act No. 7871, 
Mar. 3, 2006> 
(2)A decision on a request for exclusion or cha llenge of a technical exam iner under paragraph (1) 
shall be made by a trial of court to which the technical examiner belongs. 
(3)If there are justifiable grounds for exclusion or challenge, any technical examiner may avoid trial 
proceedings relating to the case with the consen t from the President of the Intellectual Property 
Tribunal. 
[This Article Wholly Amended by Act No. 4892, Jan. 5, 1995] Article 189 (Revocation of Trial Decision or Ruling)  (1)Where the Patent Court has de emed that an action under Article  186 (1) was well grounded, it shall 
revoke the trial decision or ruling by judgment.  
(2)Where a reversal of trial decision or ruling beco mes final and conclusive under paragraph (1), the 
administrative patent judge shall review th e case and make a trial decision or ruling.  
(3)The reasons for a judgment on an action under pa ragraph (1) which constitute the basis for the 
revocation shall bind the Intellectual Propert y Tribunal with respect to the case.  
[This Article Wholly Amended by Act No. 4892, Jan. 5, 1995] Article 190 (Action against Decision on Am ount of Compensation or Remuneration) 
(1)A person dissatisfied with a decision and rulin g or an adjudication regarding the amount of 
compensation or remuneration under Article 41 (3) an d (4), 106 (3), 106-2 (3), 110 (2) 2, and 138 (4) 
may bring an action before the court. <Amende d by Act No. 6411, Feb. 3, 2001; Act No. 9985, 
Jan. 27, 2010> 
(2)An action under paragraph (1) sha ll be filed within thirty days from the date on which a certified 
copy of the decision and ruling or adjudication is served. <Amended by Act No. 6411, Feb. 3, 2001> IP/N/1/KOR/P/4 
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(3)The period prescribed in para graph (2) shall be invariable. 
Article 191 (Defendant in Action relati ng to Compensation or Remuneration)  
In an action under Article 190, the following pe rsons shall be defenda nts: <Amended by Act 
No. 7289, Dec. 31, 2004; Act No. 9985, Jan. 27, 2010>> 
1.The government agency or applicant liable for payment of compensation in cases of compensation 
under Article 41 (3) and (4); 
2.The government agency, patentee, exclusive licen see or non-exclusive licensee liable for payment 
of compensation in cases of compensation under Article 106 (3) and 106-2 (3); 
3.The non-exclusive licensee, excl usive licensee, patentee or owner of a utility model or a registered 
design in cases of remuneration under Articles 110 (2) 2 and 138 (4).  
Article 191-2 (Compensation for Patent Attorney and Costs of Litigation) 
With respect to a compensation to be paid to a pa tent attorney who performs a lawsuit on behalf of a 
party, Article 109 of the Civil Procedure Act shall apply mutatis mutandis. In such cases, a reference 
to 'lawyer' shall be construed as a reference to 'patent attorney.' 
[This Article Newly Inserted by Act No. 7871, Mar. 3, 2006] 
 
CHAPTER X INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION 
TREATY  
SECTION 1 International Application Procedure  Article 192 (Persons Capable of International Application)  
Any person who falls under any of the following subp aragraphs may file an international application 
with the Commissioner of the Korean Intellectua l Property Office: <Amended by Act No. 4541, 
Mar. 6, 1993; Act No. 4594, Dec. 10, 1993; Act No. 5080, Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
1.A national of the Republic of Korea;  2.A foreigner who has a residence or place of business in the Republic of Korea;  
3.A person who does not fall under s ubparagraph 1 or 2 but who files an international application 
under the name of a representative falling under subparagraph 1 or 2;  
4.A person who meets the requirements prescribed by Ordinance of the Ministry of Knowledge 
Economy.  
Article 193 (International Application)  (1)A person intending to file an international a pplication shall submit to the Commissioner of the 
Korean Intellectual Property Office a request, descr iption, the scope of claims, drawings (where 
required) and an abstract prepared in a language prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 4541, Mar.  6, 1993; Act No. 5080, Dec. 29, 1995; Act 
No. 5576, Sep. 23, 1998; Act No. 7871, Mar. 3, 2006; Act No. 8852, Feb. 29, 2008> 
(2)The request shall contain the following: <Amended by Act No. 4594, Dec. 10, 1993; Act No. 7871, 
Mar. 3, 2006> 
1.A petition to the effect that the international application be processed according to the Patent 
Cooperation Treaty;  
2.The designation of the Contracting States in which protection for the invention is desired on the 
basis of the international application;  IP/N/1/KOR/P/4 
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3.If the applicant intends to obtain a regi onal patent referred to in Article 2 ( ⅳ) of the Patent 
Cooperation Treaty, an indication to that effect;  
4.The name, or title, and the domicile, or place of bu siness, and the nationality, of the applicant;  
5.The name and domicile or place of business of the representative, if any; 
6.The title of the invention; 
7.The name and domicile, or place of business, of th e inventor (where the national law of a designated 
State requires that these indications be furnished).  
(3)The description under paragraph (1) shall disclos e the invention in a manner sufficiently clear and 
complete for the invention to be carried out easily by  a person skilled in the art to which the invention 
pertains. 
(4)The claims under paragraph (1) shall clearly and c oncisely define the matter for which protection is 
sought and be fully supported by the description.  
(5)Other necessary matters which are not prescribed in paragraphs (1) through (4) concerning an 
international application shall be prescribed by Ordinance of the Ministry of Knowledge Economy. 
<Amended by Act No. 4541, Mar. 6, 1993; Act No. 5080, Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; 
Act No. 8852, Feb. 29, 2008> 
Article 194 (Recognition, etc. of Filing Date of International Filing Date)  
(1)The Commissioner of the Korean Intellectual Propert y Office shall deem the date of receipt of the 
international application as the international fili ng date under Article 11 of the Patent Cooperation 
Treaty (hereinafter referred to as an "international f iling date"): Provided, That this shall not apply to 
the following cases: <Amended by Act No. 7871, Mar. 3, 2006> 
1.Where the applicant does not meet the requirements prescribed in Article 192;  
2.Where the international application is not in  the language prescribed under Article 193 (1);  
3.Where the international application does not contain a description and scope of claims under 
Article 193 (1);  
4.Where the elements listed in Article 193 (2) 1 a nd 2 and the name or title of the applicant are not 
indicated.  
(2)If an international application falls under the proviso to paragraph (1), the Commissioner of the 
Korean Intellectual Property Office shall order the a pplicant to amend the defect, in writing, within a 
designated deadline. <Amended by Act No. 4594, Dec. 10, 1993> 
(3)If an international application refers to a drawin g which is not included in that application, the 
Commissioner of the Korean Intellectual Propert y Office shall notify the applicant thereof.  
(4)The Commissioner of the Korean Intellectual Pr operty Office shall deem the international filing 
date as the date of receipt of the amendmen t in writing when the ordered applicant under 
paragraph (2) has complied with the invitation within the designated deadline, or as the date of receipt 
of the drawings when the ordered applicant under pa ragraph (3) has furnished the drawings within the 
deadline prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That if the 
invited applicant under paragraph (3) has not furnishe d the drawings within the deadline prescribed by 
Ordinance of the Ministry of Knowledge Economy, re ference to the said drawings shall be considered 
non-existent. <Amended by Act No. 4541, Mar. 6, 1993; Act No. 4594, Dec. 10, 1993; Act No. 5080, 
Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
Article 195 (Invitation to Amendment)  
The Commissioner of the Korean Intellectual Prope rty Office shall order the applicant to make 
amendments within a designated deadline, if the international application falls under any of the IP/N/1/KOR/P/4 
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following subparagraphs: <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5080, Dec. 29, 1995; 
Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008>  
1.Where the title of the invention is not included;  2.Where an abstract is not submitted;  3. Where it violates Articles 3 or 197 (3);  
4.Where it violates the requirements prescribed by  Ordinance of the Ministry of Knowledge 
Economy.  
Article 196 (International Application Consid ered to have been Withdrawn, etc.) 
(1)An international application sha ll be considered to have been w ithdrawn if it falls under any of the 
following subparagraphs: <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5080, Dec. 29, 1995; 
Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006; Act No. 8852, Feb. 29, 2008> 
1.Where an applicant ordered to make an amendmen t under Article 195 has failed to do so within the 
designated time limit;  
2.Where an official fee has not been paid within  the time limit prescribed by Ordinance of the 
Ministry of Knowledge Economy, and Article 14 (3) (a) of the Pa tent Cooperation Treaty therefore 
becomes applicable;  
3.With regard to an international application to wh ich an international filing date has been recognized 
under Article 194, the said application is found to fa ll under any of subparagra phs of the proviso to 
Article 194 (1), within the time limit prescribed by Ordinance of the Ministry of Knowledge Economy.  
(2)If part of an official fee has not been paid within the period prescribed by Ordinance of the 
Ministry of Knowledge Economy, and Article 14 (3 ) (b) of the Patent Cooperation Treaty therefore 
becomes applicable, the designation of the designated St ate which has not paid the official fee shall be 
considered to have been withdrawn. <Amende d by Act No. 4541, Mar. 6, 1993; Act No. 5080, 
Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006; Act No. 8852, Feb. 29, 2008> 
(3)If an international application, or part of th e designated States, is considered to have been 
withdrawn under paragraphs (1) and (2), the Commi ssioner of the Korean Intellectual Property Office 
shall notify the applicant of such fact.  
Article 197 (Common Representative, etc.)  (1)Where two or more applicants jointly file an international application, the procedure under 
Articles 192 through 196 and 198 ma y be initiated by a common representative of the applicants.  
(2)Where two or more applicants jointly file an  international applicati on and do not designate a 
common representative, a representative may be designated as their common representative as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5080, Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
(3)Where an applicant intends to allow a represen tative to initiate a procedure under paragraph (1), 
he/she shall appoint a patent attorney as his/he r representative unless the procedure is initiated by a 
legal representative under Article 3.  
Article 198 (Official Fees)  (1)An applicant for an international appl ication shall pay the official fees.  
(2) Official fees, proceedings and payment dead line under paragraph (1) shall be prescribed by 
Ordinance of the Ministry of Knowledge Econom y. <Amended by Act No. 4541, Mar. 6, 1993; Act 
No. 5080, Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> IP/N/1/KOR/P/4 
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Article 198-2 (International Search and In ternational Preliminary Examination)  
(1)The Korean Intellectual Property Office shall pe rform duties as an international search authority 
and as an international preliminary examine authority  for an international application in accordance 
with a convention concluded with the Internati onal Bureau (hereinafter referred to as the 
"International Bureau") referred to in Article 2 (x ix) of the Patent Cooperation Treaty. <Amended by 
Act No. 7871, Mar. 3, 2006; Act No. 9381, Jan. 30, 2009> 
(2)Details concerning the performance of duties as pr escribed in paragraph (1) shall be prescribed by 
Ordinance of the Ministry of Knowledge Econom y. <Amended by Act No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 5576, Sep. 23, 1998]  
 
SECTION 2 Special Provisions on Intern ational Patent Applications  
 Article 199 (Patent Application Based on International Application)   (1)An international application for which an intern ational filing date has been recognized under the 
Patent Cooperation Treaty, and which designates the Republic of Korea as a designated State in order 
to obtain a patent, shall be considered to be a pate nt application filed on its international filing date. 
<Amended by Act No. 7871, Mar. 3, 2006> 
(2)Article 54 shall not apply to an international application considered to be a patent application under 
paragraph (1) (hereinafter referred to as an  "international patent application").  
Article 200 (Special Provisions concerning Inventio ns not Deemed to be Publicly Known, etc.) 
Notwithstanding Article 30 (2), any person intending to  have Article 30 (1) 1 applied to the invention 
claimed in an international patent applicati on may submit to the Commissioner of the Korean 
Intellectual Property Office a written statement stat ing the purport of such intention and a document 
proving the relevant fact within the period prescrib ed by Ordinance of the Ministry of Knowledge 
Economy. <Amended by Act No. 4541, Mar. 6, 199 3; Act No. 5080, Dec. 29, 1995; Act No. 6411, 
Feb. 3, 2001; Act No. 7871, Mar. 3, 2006; Act No. 8852, Feb. 29, 2008>  
Article 201 (Translation of Intern ational Patent Application)  
(1)An applicant who has filed an in ternational patent application in a foreign language shall submit to 
the Commissioner of the Korean Intellectual Property Office a Korean translation of the specification, 
scope of claims, drawings (only the text matter ther ein) and abstract filed on the international filing 
date within two years and seven months from the priori ty date (hereinafter referred as "priority date") 
as defined in Article 2 (xi) of the Patent Cooperati on Treaty (hereinafter referred to as the "period for 
submitting domestic documents"): Provided, That in  cases where the said applicant has amended the 
claims under Article 19 (1) of the Patent Coope ration Treaty, he/she may substitute a Korean 
translation of the amended claims for the Korean tr anslation of the claims filed on the international 
filing date. <Amended by Act No. 5329, Apr. 10, 19 97; Act No. 5576, Sep. 23, 1998; Act No. 6768, 
Dec. 11, 2002; Act No. 7871, Mar. 3, 2006> 
(2)If the translations of the specification and cl aims under paragraph (1) have not been submitted 
within the period for submitting domestic documents, the international patent application shall be 
deemed to be withdrawn.  
(3)An applicant who has submitted the translation referred to in paragraph (1) may submit a new 
translation to replace the prior translation w ithin the designated period for submitting domestic 
documents: Provided, That this shall not apply where the applicant has made a request for 
examination.  
(4)Matters which were stated in the specification,  claims and text matter of drawings of an 
international patent application file d on the international filing date, but which were not stated in the 
translation under paragraph (1) or (3) (hereinafter  referred to as a "trans lated version") submitted IP/N/1/KOR/P/4 
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within the period for submitting domestic documents (o r the date of the request for examination where 
the applicant has made such a requ est within the said time limit; hereinafter referred to as a "relevant 
date") shall be deemed not to have been stated in the specification, claims and the text matter of the 
drawings of the said international patent app lication filed on the international filing date.  
(5)An application of an international patent appli cation submitted on the international filing date shall 
be deemed to be an applicati on submitted under Article 42 (1).  
(6)The translated version of the specification, scope of claims, drawings and abstract of an 
international patent application (the  specification, scope of claims, drawings and abstract submitted on 
the international filing date, in cases of an intern ational patent application made in the Korean 
language) shall be deemed to be the specification, scope of claims, drawings and abstract submitted 
under Article 42 (2). <Amended by Act No. 5576, Sep. 23, 1998> 
(7)Article 204 (1) and (2) shall not apply where a Ko rean translation of the amended claims has been 
submitted pursuant to the proviso to paragraph (1).  <Newly Inserted by Act No. 5329, Apr. 10, 1997> 
(8)Where the Korean translation for only the am ended claims has been submitted pursuant to the 
proviso to paragraph (1), the claims submitted at th e international filing date  shall not be recognized. 
<Newly Inserted by Act No. 5329, Apr. 10, 1997>  
Article 202 (Special Provisions on Priority Claim by Patent Application, etc.)  (1)Articles 55 (2) and 56 (2) shall not apply to an international patent application.  
(2)In applying Article 55 (4), "specification or draw ings initially attached to the earlier application" 
shall be construed as "specification, scope of claims  or drawings (only text matter thereof) submitted 
on the international filing date under Article 201 (1), and the translated version of the said documents 
under Article 201 (4) or drawings (except the text matter thereof) of the international application 
submitted on the international text matter thereof) of the international application submitted on the 
international filing date", and "laying open for public  inspection" shall be construed as "international 
publication under Article 21 of the Patent Cooperation Treaty." <Amended by Act No. 7871, 
Mar. 3, 2006> 
(3)Where an earlier application is an international pa tent application or an application for registration 
of an international utility model pursuant to Artic le 34 (2) of the Utility Model Act, the following 
subparagraphs shall apply for the purposes of Article  55 (1) and (3) through (5) and Article 56 (1): 
<Amended by Act No. 9381, Jan. 30, 2009> 
1."Specification or drawings initially attached to an application" in the main sentence of 
Article 55 (1), (3) and the head sentence of Article  55 (5) shall be construed as "specification, scope 
of claims or drawings of an international appli cation submitted on the filing da te of an international 
application"; 
2."Specification or drawings initially attached to an earlier application" in Article 55 (4) shall be 
construed as "specification, scope of claims or draw ings of an international application submitted on 
the filing date of an international application of an  earlier application", and "laid open with respect to 
an earlier application" shall be construed as "publis hed internationally pursua nt to Article 21 of the 
Patent Cooperation Treaty with respect to the earlier application";  
3."At the time of expiration of one  year and three months from the filing date" in the main sentence of 
Article 56 (1) shall be construed as "at the time of expiration of one year and three months from the 
filing date of an international application, or on the basic date pursuant to Article 201 (4) of the Act, 
or Article 35 (4) of the Utility Model Act, whichever comes later."  
(4)Where an earlier application pursuant to Article  55 (1) is an international application which 
becomes a patent application or application for registration of a utility model pursuant to 
Article 214 (4) of the Act, or Article 40 (4) of the Utility Model Act, the following subparagraphs 
shall apply for the purposes of Article 55 (1), and (3) through (5) and Article 56 (1): <Amended by 
Act No. 9381, Jan. 30, 2009> IP/N/1/KOR/P/4 
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1."Specification or drawings initially attached to an application" in the main sentence of Article 55 (1) 
and the part other than the subparagraphs of para graphs (3) and (5) of the same Article shall be 
construed as "specification, scope of claims, or draw ings of an international application on the date 
which may have been deemed to be the filing date of international application pursuant to 
Article 214 (4) of the Act, or Article 40 (4) of the Utility Model Act"; 
2."Specification or drawings initially attached to an earlier application" in Article 55 (4) shall be 
construed as "specification, scope of claims, or drawings of an intern ational application of an earlier 
application on the date which may have been deemed to be the filing date of international application 
pursuant to Article 214 (4) of the Act, or Article 40 (4) of the Utility Model Act";  
3."At the time of expiration of one  year and three months from the filing date" in the main sentence of 
Article 56 (1) shall be construed as "at the time of expiration of one year and three months from the 
date which may have been deemed to be the fili ng date of international application pursuant to 
Article 214 (4) of the Act, or Article 40 (4) of th e Utility Model Act, or when a decision is made 
pursuant to Article 214 (4) of the Act, or Article 40 (4) of the Utility Model Act, whichever comes 
later." 
Article 203 (Submission of Documents) 
(1)An applicant for an international patent sh all submit to the Commissioner of the Korean 
Intellectual Property Office a document stating th e following within the designated period for 
submitting domestic documents. In such cases, an a pplicant who has filed an international patent 
application in a foreign language shall submit a Ko rean translation under Article 201 (1), together 
with such document: <Amended by Act No. 6411, Feb. 3, 2001; Act No. 6768, Dec. 11, 2002> 
1.The name and domicile of the applicant (the title and location of place of business if the applicant is 
a juristic person);  
2.The name and domicile or place of business of the agent, if any (the title, location of office and 
name of designated patent attorney if the agent is a patent corporation);  
3.Deleted; <by Act No. 6411, Feb. 3, 2001> 
4.The title of the invention;  
5.The name and domicile, or place of business of the inventor;  6.The international filing date and th e international application number.  
(2)The Commissioner of the Korean Intellectual Prop erty Office shall, in the following cases, order an 
amendment thereto designating a deadline: <Newly Inserted by Act No. 6768, Dec. 11, 2002> 
1.Where a document under the former part of pa ragraph (1) is not submitted within the period for 
submitting domestic documents;  
2.Where a document submitted under the former part of paragraph (1) is in viol ation of the formalities 
as specified by this Act or by an order made by this Act. 
(3)Where a person who receives an order for amen dment under paragraph (2) fails to make such 
amendment within the designated time limit, th e Commissioner of the Korean Intellectual Property 
Office may invalidate the international patent ap plication concerned. <Newly Inserted by Act 
No. 6768, Dec. 11, 2002> 
Article 204 (Amendment after Receipt of International Search Report) (1)Where an applicant who filed an international a pplication, after having received an international 
search report pursuant to Article 19 (1) of the Pate nt Cooperation Treaty, has amended the scope of 
claims of the international application, he/she shall submit the documents falling under any of the 
following subparagraphs to the Commissioner of th e Korean Intellectual Property Office by the 
relevant date (where the re levant date is the date of request for examinati on of application, referring to IP/N/1/KOR/P/4 
Page 64  
  
such time when a request for examination of applicati on is made; hereafter the same shall apply in this 
Article and Article 205): 
1.In the case of an international application filed in a foreign language, the Korean translation of such 
amendment; 
2.In the case of an international application filed in  the Korean language, a copy of such amendment. 
(2) When the translation or a copy of the amendment has been submitted in accordance with 
paragraph (1), the scope of claims pursuant to Artic le 47 (1) shall be deemed  to have been amended 
according to the translation or a copy of such amendment: Provided, That when the amendment 
(limited to the case of an international application filed in the Korean language) has been delivered to 
the Korean Intellectual Property Office by the rele vant date pursuant to Article 20 of the Patent 
Cooperation Treaty, the scope of claims shall be deemed to have been amended according to such 
amendment. 
(3)Where an applicant who filed an international application has submitted a brief statement pursuant 
to Article 19 (1) of the Patent Cooperation Treaty to  the International Bureau, he/she shall submit the 
documents falling under any of the following subpa ragraphs to the Commissioner of the Korean 
Intellectual Property Office by no la ter than the relevant date: 
1.In the case of an international application filed in a foreign language, the Korean translation of such 
statement;  
2.In the case of an international application filed in the Korean language, a copy of such statement.  
(4)Where an applicant who filed an international a pplication has failed to comply with the formalities 
pursuant to paragraph (1) or (3) by the relevant da te, the written amendment or statement pursuant to 
Article 19 (1) of the Patent Coopera tion Treaty shall be deemed not to  have been submitted: Provided, 
That this shall not apply when th e written amendment or statement of an international application 
filed in the Korean language has been delivered to the Korean Intellectual Property Office by the 
relevant date pursuant to Article 20 of the Patent Cooperation Treaty. 
[This Article Wholly Amended by Act No. 9381, Jan. 30, 2008] 
Article 205 (Amendment before Preparation of In ternational Preliminary Examination Report)  
(1) Where an applicant who filed an international application has amended the specification, scope of 
claims, and drawings of an international applica tion pursuant to Article 34 (2) (b) of the Patent 
Cooperation Treaty, he/she shall submit the doc uments falling under any of the following 
subparagraphs to the Commissioner of the Korean Intellectual Property Office by the relevant date: 
1.In the case of an international application filed in a foreign language, the Korean translation of such 
amendment;  
2.In the case of an international application filed in the Korean language, a copy of such amendment.  
(2)When the translation or a copy of the amendmen t has been submitted pursuant to paragraph (1), the 
specification and drawings prescribed in Article 47  (1) shall be deemed to have been amended 
according to the translation or a copy of such am endment: Provided, That this shall not apply when 
the written amendment (limited to the case of an in ternational application filed in the Korean 
language) has been delivered to th e Korean Intellectual Property Office by the relevant date pursuant 
to Article 36 (3) (a) of the Patent Cooperation Treaty.  
(3) Where an applicant who filed an international a pplication has failed to comply with the formalities 
pursuant to paragraph (1) by the relevant date, a written amendment pursuant to Article 34 (2) (b) of 
the Patent Cooperation Treaty shall be deemed not to  have been submitted: Provided, That this shall 
not apply when the written amendment (limited to the case of an international application filed in the 
Korean language) has been communi cated to the Korean Intellectual Property Office by the relevant 
date pursuant to Article 36 (3) (a) of the Patent Cooperation Treaty.  IP/N/1/KOR/P/4 
Page 65 
 
  
[This Article Wholly Amended by Act No. 9381, Jan. 30, 2009] 
Article 206 (Special Provisions on Patent Administrator for Overseas Residents)  (1)Notwithstanding the provisions of Article 5 (1), an overseas reside nt applicant of an international 
patent application may initiate a patent-related procedure applicati on without a patent administrator 
by the relevant date.  
(2)Overseas residents who have submitted a transla tion of an application under paragraph (1) shall 
appoint a patent administrator and report such f act to the Commissioner of the Korean Intellectual 
Property Office within the deadline prescribed by Ordinance of the Ministry of Knowledge Economy. 
<Amended by Act No. 4541, Mar. 6, 1993; Act No. 5080, Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; 
Act No. 8852, Feb. 29, 2008> 
(3)The international application shall be deemed to  have been withdrawn where the appointment of a 
patent administrator is not reported within the deadline prescribed by paragraph (2).  
Article 207 (Special Provisions on Time and Effect of Laying Open Application) (1)When Article 64 (1) applies to the laying-open of an international patent application, "at the time 
of expiration of one year and six months from any of the following dat es" shall be construed as "at the 
time of expiration of the period for submitting domes tic documents (in the case of an international 
application for which an applicant has requested an examination of a patent application and which has 
been internationally published pursuant to Article 21 of the Patent Cooperation Treaty, when one year 
and six months have passed from the preference date  or the date of request for examination of 
application, whichever is later)." <A mended by Act No. 9381, Jan. 30, 2009> 
(2) Notwithstanding paragraph (1), where an intern ational application filed in the Korean language 
has already been published internationally in acco rdance with Article 21 of the Patent Cooperation 
Treaty before the application is laid open pursuant to paragraph (1), such international application 
shall be deemed to have been laid open at the time  of such international publication. <Newly Inserted 
by Act No. 9381, Jan. 30, 2009> 
(3)An applicant who filed an international applica tion may, after the domestic laying-open (in the case 
of an international application filed in the Kor ean language, referring to an international publication 
pursuant to Article 21 of the Patent Cooperation Tr eaty; hereafter the same shall apply in this 
paragraph) and after having issued a warning in the form of a document describing the contents of the 
invention claimed in the interna tional patent application, demand of a person who has commercially 
or industrially worked the invention, after the warnin g but before the registration of a patent right, the 
payment of compensation in an amount equivalent to what he/she would normally receive for the 
working of the invention. Even in the absence of a warning, th is shall apply to a person who 
commercially or industrially worked the inventi on before the domestic la ying-open and who had 
known that the invention was the one claimed in the international patent application: Provided, That 
the applicant shall not claim the right for compensation before the registration of a patent right. <Amended by Act No. 5329, Apr. 10, 1997; Act No. 9381, Jan. 30, 2009> 
Article 208 (Special Provisions on Amendment) 
(1)Notwithstanding Article 47 (1), no amendmen t (excluding an amendment under Articles 204 (2) 
and 205 (2)) to an international patent application shall be made unless the following requirements are 
satisfied: <Amended by Act No. 9381, Jan. 30, 2009> 
1.Official fees pursuant to Article 82 (1) shall be paid; 2.The Korean translation pursuant to Article 201 (1) shall be submitted: Provided, That this shall not 
apply to an international patent app lication filed in the Korean language;  
3.The relevant date shall have passed (where the relevant date is the date of request for an 
examination of application, referring to the time of  filing a request for examination of application). 
(2)Deleted. <by Act No. 6411, Feb. 3, 2001> IP/N/1/KOR/P/4 
Page 66  
  
(3)With regard to the scope of an amendment made to an international patent application filed in a 
foreign language, "the features stated in the specifi cation or drawings initially attached to the patent 
application" in Article 47 (2) shall be construed as "the features stated in a translation of the specification, scope of claims or drawings (only the text matter therein), or the features stated in the 
drawings (except the text matter therein), in th e international patent a pplication submitted on the 
international filing date." <Amended by Act No. 6411 , Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
(4)and (5) Deleted. <by Act No. 6411, Feb. 3, 2001> Article 209 (Restriction on Time of Conversion of Utility Model Registration Application)  
Notwithstanding Article 53 (1) of this Act, a pa tent application made on the basis of and by 
converting from an international application whic h is deemed to be a utility model registration 
application filed on the internati onal application date under Article  34 (1) of the Utility Model Act 
may not be filed until the fees under Article 17 (1) of the Utility Model Act have been paid, and a 
translation of the application under Article 35 (1 ) of the Utility Model Act (excluding the case of 
international utility model registration application made in the Korean language) has been submitted 
(with respect to an international application consid ered to be a utility model registration application 
under Article 40 (4) of the Utility Model Act, until the decision under the said provision has been 
made). <Amended by Act No. 7871, Mar. 3, 2006> 
[This Article Wholly Amended by Act No. 5576, Sep. 23, 1998] Article 210 (Restriction on Time of Request for Examination)  Notwithstanding Article 59 (2), an applicant of an  international patent a pplication may not make a 
request for examination of his/her applicati on until the proceedings (excluding the case of 
international patent application made in the Kor ean language) under Article 201 (1) have been taken 
and the official fees under Article 82 (1) have been  paid. A person other than the applicant of an 
international patent application may not make a re quest for examination of the international patent 
application until the period under Article 201 (1) has lapsed. <Amended by Act No. 5576, 
Sep. 23, 1998> 
Article 211 (Orders to Submit Documents Cited in International Search Report, etc.)  
The Commissioner of the Korean Intellectual Pr operty Office may require an applicant of an 
international patent application to submit copies of  the references cited in the international search 
report under Article 18 of the Patent Coopera tion Treaty and the international preliminary 
examination report under Article 35 of the said Treaty, designating a deadline. <Amended by Act 
No. 7871, Mar. 3, 2006> 
Article 212 Deleted. <by Act No. 7871, Mar. 3, 2006>  
Article 213 (Special Provisions on Invalidation Trial of Patent) 
With respect to a patent granted for an internationa l patent application filed in a foreign language, an 
invalidation trial there against may be brought on the grounds that the invention concerned does not 
fall under any of the following subparagraphs as we ll as the grounds falling under any subparagraph 
of Article 133 (1): <Amended by Act No. 7871, Mar. 3, 2006> 
1.An invention described in both the specification, scope of claims or drawings(limited to the text 
matter therein) in the international application submitted on the international filing date and the 
translated version thereof;  
2.An invention described in the drawings (excluding the text matte r therein) in the international 
application submitted on the international filing date. 
[This Article Wholly Amended by Act No. 6768, Dec. 11, 2002] 
Article 214 (International Application Considered  to be Patent Application by Ruling)  IP/N/1/KOR/P/4 
Page 67 
 
  
(1)An applicant who filed an international applica tion may, where the international application (only 
applicable to a patent application) which includ es 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, request the Commissioner of the Korean Intellectual Property Office to make a 
decision pursuant to Article 25 (2) (a) of the same Treaty, within the period prescribed by Ordinance 
of the Ministry of Knowledge Economy, as prescribed  by Ordinance of the Ministry of Knowledge 
Economy: <Amended by Act No. 9381. Jan 30, 2009> 
1.Where a receiving office referred to in Article 2 (x v) 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 has made a declaration on such international a pplication pursuant to 
Article 25 (1) (a) or (b) of the same Treaty;  
3.Where the International Bureau has recognized  such international application pursuant to 
Article 25 (1) (a) of the same Treaty.  
(2)A person who intends to make a request under pa ragraph (1) shall submit to the Commissioner of 
the Korean Intellectual Property Office a Korean tran slation of the specification, scope of claims or 
drawings (limited to the text matter thereof) as we ll as other documents relating to the international 
application provided by Ordinance of the Mini stry of Knowledge Economy. <Amended by Act 
No. 4541, Mar. 6, 1993; Act No. 5080, Dec. 29, 1995; Act No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
(3)Where a request under paragraph (1) has been made, the Commissioner of the Korean Intellectual 
Property Office shall decide whether the refusal, decl aration or finding was justified under the Patent 
Cooperation Treaty and the Regulations thereunde r. <Amended by Act No. 7871, Mar. 3, 2006> 
(4)Where the Commissioner of the Korean Intell ectual Property Office has made a decision under 
paragraph (3) to the effect that the refusal, declaration or finding was not justified under the Patent 
Cooperation Treaty and the Regulations thereunder, th e international application concerned shall be 
considered to be a patent application filed on the date which would have been recognized as the 
international filing date if the said refusal, declara tion or finding had not been made in respect of the 
said international application. <Ame nded by Act No. 7871, Mar. 3, 2006> 
(5) Where the Commissioner of the Korean Intell ectual Property Office decides on the justification 
pursuant to paragraph (3), he/she shall send an applic ant for an international patent a certified copy of 
the decision. <Newly Inserted by Act No. 8197, Jan. 3, 2007> 
(6)Articles 199 (2), 200, 201 (4) through (8), 202 (1) and (2), 208, 210 and 213 shall apply mutatis 
mutandis to an international application considered  to be a patent appli cation under paragraph (4). 
<Amended by Act No. 5576, Sep. 23, 1998; Act No. 7871, Mar. 3, 2006>  
(7)In the case of the laying open of an international application considered to be a patent application 
under paragraph (4), "filing date of  a patent application" in Artic le 64 (1) shall be construed as 
"priority date referred to in Article 201 (1)."  
 
 CHAPTER XI SUPPLEMENTARY PROVISIONS  Article 215 (Special Provisions for Patent or  Patent Right with Two or More Claims) 
 
Where Articles 65 (6), 84 (1) 2, 85 (1) 1 (limited to  extinguishment), 101 (1) 1, 104 (1) 1, 3 or 5, 
119 (1), 133 (2) or (3), 136 (6), 139 (1), 181 and 182 of this Act and Article 26 (1) 2, 4 or 5 of the Utility Model Act apply to a patent or patent right wi th two or more claims, a patent shall be deemed 
to have been granted, or a pate nt right to have been established, for each claim. <Amended by Act 
No. 7871, Mar. 3, 2006>  
[This Article Wholly Amended by Act No. 6411, Feb. 3, 2001] IP/N/1/KOR/P/4 
Page 68  
  
Article 215-2 (Special Provisions for Registration of  Patent Application with Two or More Claims) 
(1)Where a person who has received a decision to gran t a patent for a patent application with two or 
more claims has paid the registration fees,  the person may abandon individual claims. 
(2)Matters necessary for abandonment of claims unde r paragraph (1) shall be prescribed by Ordinance 
of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 6411, Feb. 3, 2001]  
Article 216 (Inspection of Documents, etc.) (1) A person who intends to receive a certificate for a patent or a trial, a certified copy or extract of 
documents, or inspect or copy the Patent Register or documents may request the Commissioner of the Korean Intellectual Property Office or the President of  the Intellectual Property Tribunal to that effect. 
<Amended by Act No. 4892, Jan. 5, 1995> 
(2)The Commissioner of the Korean Intellectual Prope rty Office or the President of the Intellectual 
Property Tribunal may refuse to permit the request referre d to in paragraph (1) if it relates to a patent 
application, the establishment of which has not been  registered or which has not been laid open for 
public inspection, or if it relates to matters liabl e to contravene public order or morality. <Amended 
by Act No. 4892, Jan. 5, 1995; Act No. 5329, Apr. 10, 1997; Act No. 9381, Jan. 30, 2009> 
Article 217 (Prohibition of Documents Relating to Pate nt Application, Examination, Trial, Retrial or 
Patent Register, etc. from being Taken out or Opened to Public) 
(1)Documents relating to a patent a pplication, examination, trial or retrial or the Patent Register shall 
be prohibited from being taken out except for any of the following cases: <Amended by Act 
No. 7871, Mar. 3, 2006; Act No. 8171, Jan. 3, 2007; Act No. 10012, Feb. 4, 2010> 
1.Where documents relating to patent  applications or examinations are taken out for the purpose of 
searching prior art under Article 58 (1) or (2); 
2.Where documents relating to patent  applications, examinations, tria ls or retrials or the Patent 
Register is removed for the purpose of entrusting the affairs of digitizing patent documents under 
Article 217-2 (1);  
3.Where documents relating to patent  applications, examinations, tria ls or retrials or the Patent 
Register is removed for the purpose of online remote  working under Article 32 (2) of the Electronic 
Government Act. 
(2) A response shall not be given to a request for an expert opinion, testimony or an inquiry as to the 
contents of a pending patent application, examination,  trial, or retrial that is in process, or as to the 
contents of an examiner's decision, trial d ecision or ruling. <Amended by Act No. 5329, 
Apr. 10, 1997; Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006>  
Article 217-2 (Agency for Affairs of  Digitizing Patent Documents) 
(1)Where it is deemed necessary to effectively deal  with patent procedures, the Commissioner of the 
Korean Intellectual Property Office may entrus t any corporation equipped with facilities and 
manpower prescribed by Ordinance of the Ministry of Knowledge Economy with the digitization of 
documents relating to patent appli cations, examinations, trials or re trials or the Patent Register 
through an electronic information processing system  and its technology of utilizing the electronic 
information processing system (hereinafter referred to the "affairs of digitizing patent documents"). 
<Amended by Act No. 6411, Feb. 3, 2001; Act No. 7 871, Mar. 3, 2006; Act No. 8852, Feb. 29, 2008>  
(2)Deleted. <by Act No. 7871, Mar. 3, 2006> (3)A person who is or was an officer or employee of the person who has been entrusted with the 
computerizing work of patent documents pursuant to  paragraph (1) (hereinafter referred to as the 
"agency of digitizing pate nt documents") shall not divulge the secrets on inventions or appropriate the IP/N/1/KOR/P/4 
Page 69 
 
  
invention disclosed in a pending application to which he/she had access during the course of his/her 
duties. 
(4)The Commissioner of the Korean Intellectual Pr operty Office may, pursuant to paragraph (1), 
digitize a written patent application or other docum ents prescribed by Ordinance of the Ministry of 
Knowledge Economy, which fail to be submitted w ith such electronic documents as prescribed in 
Article 28-3 (1), and may record them in a file of an electronic information processing system 
operated by the Korean Intellectual Property Offi ce or the Intellectual Property Tribunal. <Newly 
Inserted by Act No. 5576, Sep. 23, 1998; Act No. 6411,  Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
(5)The contents written in a file under paragraph (4) shall be deemed to be th e same as those entered 
in the documents concerned. <Newly Inserted by Act No. 5576, Sep. 23, 1998> 
(6)The method of carrying out the computerizing work of patent documents as referred to in 
paragraph (1) and other matters necessary for carryin g out the affairs of digitizing patent documents, 
shall be determined by Ordinance of the Mi nistry of Knowledge Ec onomy. <Amended by Act 
No. 6411, Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
(7)Where any agency of digitizing patent documents  which fails to meet the standards for facilities 
and manpower as determined by Ordinance of  the Ministry of Knowledge Economy under 
paragraph (1) does not comply with any corrective measures therefor taken by the Commissioner of 
the Korean Intellectual Property Office, the latte r may cancel the entrustment of the affairs of 
digitizing patent documents to the agency. In such cases, he/she shall in advance give the agency an 
opportunity to present its opinion thereabout. <Newly  Inserted by Act No. 7871, Mar. 3, 2006; Act 
No. 8852, Feb. 29, 2008> 
[This Article Newly Inserted by Act No. 5329, Apr. 10, 1997] 
Article 218 (Delivery of Documents) Necessary matters related to procedures of delivery of documents in this Act shall be prescribed by 
Presidential Decree. <Amended by Act No. 8197, Jan. 3, 2007> 
Article 219 (Delivery of Public Notification) 
(1)In cases where documents cannot be delivered because the domicile or place of business of a 
person to be delivered is unclear, deliver y shall be made by public notification. 
(2)Delivery of public notification shall be implemente d by publishing a notice in the Patent Gazette to 
the effect that the documents will be delivered  at any time to the person to be delivered. 
(3)The initial delivery of public notification shall co me into force after the expiry of two weeks from 
the date it is published in the Patent Gazette: Provided, That a subsequent delivery of public 
notification on the same party shall come into fo rce from the date following its publication in the 
Patent Gazette.  
Article 220 (Delivery of Documents to Overseas Residents) (1)For an overseas resident having a patent admini strator, documents shall be delivered to his/her 
patent administrator. 
(2)For an overseas resident without a patent ad ministrator, documents may be sent to him/her by 
registered airmail. 
(3)When documents have been sent by registered airmail under paragraph (2), such documents shall 
be deemed to have been delivered on the mailing date.  
Article 221 (Patent Gazette) (1)The Korean Intellectual Property O ffice shall publish the Patent Gazette. IP/N/1/KOR/P/4 
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(2)The Patent Gazette may be published by the el ectronic media as determined by Ordinance of the 
Ministry of Knowledge Economy. <Newly Inserte d by Act No. 5329, Apr. 10, 1997; Act No. 6411, 
Feb. 3, 2001; Act No. 8852, Feb. 29, 2008> 
(3)In publishing the Patent Gazette by the elect ronic media, the Commissioner of the Korean 
Intellectual Property Office shall make public matters regarding the fact of publication of the Patent 
Gazette, its main contents, and service by public no tification through information and communication 
networks. <Newly Inserted by Act No. 5329, Apr. 10, 1997; Act No. 6411, Feb. 3, 2001> 
Article 222 (Submission, etc. of Documents) The Commissioner of the Korean Intellectual Property Office or examiner may require a party 
concerned to submit documents and articles necessar y for dealing with proceedings other than those 
relating to trial or retrial. 
Article 223 (Patent Indication) A patentee or an exclusive or non-exclusive licensee may indicate an identification of the patent upon 
a patented product in the case of an invention of a product or in the case of an invention of process, on 
the manufactured product. If it is not possible to place such an indication on the product, the 
identification may be made on the container or package thereof. 
Article 224 (Prohibition of False Indication) No person shall be allowed to perform any of the following acts: 1.Marking with an indication of a patent having been  granted or patent appli cation having been filed, 
or any sign likely to cause confusion therewith, on an article for which a patent has not been granted, 
a patent application is not pendi ng, or upon an article manufactured by a process for which a patent 
has not been granted or a patent application is not pending, or a container or package thereof; 
2.Assigning, leasing or displaying an article which has been marked with an indication referred to in 
subparagraph 1; 
3.For the purpose of manufacture, use, assignment or l ease of an article referred to in subparagraph 1, 
marking with an indication upon advertisements, signboa rds or tags that a patent has been granted, a 
patent application had been filed for it, that it h as been produced by a process for which a patent has 
been granted, a patent application is pending, or marking with any sign likely to cause confusion 
therewith; 
4.For the purpose of use, assignment or lease of a pr ocess for which a patent has not been granted or a 
patent application is not pending, marking with an indication on advertisem ents, signboards or tags 
that a patent has been granted, a patent applicati on had been filed for the process, or marking with any 
sign likely to cause confusion therewith. 
Article 224-2 (Restriction on Objection) (1)No objection may be raised under other Act agains t a ruling to dismiss an amendment, a decision 
of patentability, a trial decision, or a ruling to dism iss a request for trial or retrial under this Act, and 
no objection may be raised under other Act against any disposition against which no objection may be 
raised under this Act. <Amended by Act No. 6411,  Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
(2)Any objection against a disposition other than that referred to in paragraph (1) shall be governed by 
the Administrative Appeals Act or the Administrative Litigation Act. <Newly Inserted by Act No. 7871, Mar. 3, 2006>  [This Article Wholly Amended by Act No. 5329, Apr. 10, 1997] 
 
 CHAPTER XII PENAL PROVISIONS  IP/N/1/KOR/P/4 
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Article 225 (Offense of Infringement)  (1)Any person who infringes a patent right or excl usive licensee shall be punished by imprisonment 
not exceeding seven years or by a fine not exceed ing 100 million won. <Ame nded by Act No. 5329, 
Apr. 10, 1997; Act No. 6411, Feb. 3, 2001> 
(2)Prosecution for offenses under paragraph (1) sha ll be initiated upon filing of a complaint by an 
injured party. 
Article 226 (Offense of Divulging Secrets, etc.) Where any present or former official of the Kor ean Intellectual Property Office or the Intellectual 
Property Tribunal has divulge the secrets on inventions  or appropriate the invention disclosed in a 
pending patent application (including an invention fo r which an international application is pending) 
to which he/she had access during the course of his/ her duties, such official shall be punished by 
imprisonment not exceeding five years or by a fi ne not exceeding 50 million won. <Amended by Act 
No. 4892, Jan. 5, 1995; Act No. 9381, Jan. 30, 2009> 
Article 226-2 (Officers and Employees of Specialized Organization, etc. Deemed to be as Public 
Officials) 
A person who is or was an officer or employee of  any specialized organization or any agency of 
digitizing patent documents under Article 58 (1) sh all be deemed to be one who is or was an 
employee of the Korean Intellectual Property Office for purposes of applying Article 226. <Amended by Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006; Act No. 9381, Jan. 30, 2009> 
[This Article Newly Inserted by Act No. 5329, Apr. 10, 1997] 
Article 227 (Offense of Perjury) 
(1)Where a witness, expert witness or interpreter, having taken an oath unde r this Act, has made a 
false statement or given a false expert opinion or interpreted falsely before  the Intellectual Property 
Tribunal, he/she shall be punished by imprisonme nt not exceeding five years or by a fine not 
exceeding 10 million won. <Amended by Act No. 4892, Jan. 5, 1995; Act No. 6411, Feb. 3, 2001> 
(2)Any person who has committed an offense under paragraph (1), who confesses it before the trial 
decision concerned becomes final and conclusive, may be partially or totally exempted from the 
application of the sentence. <Amended by Act No. 53 29, Apr. 10, 1997; Act No. 7871, Mar. 3, 2006>  
Article 228 (Offense of False Marking) Any person who violates Article 224 shall be punished by imprisonment not exceeding three years or 
by a fine not exceeding 20 million won. 
Article 229 (Fraud) 
Any person who has obtained a patent, the registrati on of an extension of a patent term, or a trial 
decision by means of a fraudulent or any other unjust act shall be punished by imprisonment not 
exceeding three years or by a fine not exceeding 20 million won. <Amended by Act No. 5329, Apr. 10, 1997; Act No. 6411, Feb. 3, 2001; Act No. 7871, Mar. 3, 2006> 
Article 230 (Joint Penal Provisions) 
If a representative of a juristic person, or an agen t, an employee or any other employed person of a 
juristic person or individual has committed an o ffense under Articles 225 (1), 228 or 229 with respect 
to the business of the juristic person or the individua l, not only shall the offender be punished, but also 
the juristic person shall be punished by a fine under any of the following subparagraphs and the 
individual shall be punished by a fine referred to in  the relevant provisions: Pr ovided, That this shall 
not apply to cases where the juristic person or th e individual has not been negligent in giving due 
attention and supervision concerni ng the relevant duties to prevent such offense: <Amended by Act 
No. 9381, Jan. 30, 2009> IP/N/1/KOR/P/4 
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1.Cases referred to in Article 225 (1): A fine not exceeding 300 million won;  
2.Cases referred to in Article 228 or 229: A fine not exceeding 60 million won. [This Article Wholly Amended by Act No. 9249, Dec. 26, 2008] Article 231 (Confiscation, etc.) (1)Any article that is the subject of an infringing act under Article 225 (1 ), or any article arising out of 
such act, shall be confiscated or, upon request of th e injured party, a judgment shall be rendered to the 
effect that such article shall be delivered to  the injured party. <Amended by Act No. 5329, 
Apr. 10, 1997> 
(2)Where the article is delivered to the injure d party under paragraph (1), the person may claim 
compensation of damages in excess of the value of the article.  
Article 232 (Fines for Negligence) 
(1)Any person falling under any one of the followin g subparagraphs shall be punished by a fine for 
negligence not exceeding 500,000 won: <Amended by  Act No. 4892, Jan. 5, 1995; Act No. 6626, 
Jan. 26, 2002; Act No. 7871, Mar. 3, 2006> 
1.Where a person who has taken an oath under Ar ticles 299 (2) and 367 of the Civil Procedure Act 
has made a false statement before the Intellectual Property Tribunal; 
2.Where a person was ordered by the Intellectual Prope rty Tribunal to submit or show documents or 
other materials with respect to taking evidence or to the preservation of evidence, and has failed to 
comply with the order without justifiable reasons; 
3.Deleted; or <by Act No. 7871, Mar. 3, 2006> 4.Where a person was summoned by the Intellectual Property Tribunal as a witness, expert witness or 
interpreter and has failed to comply with the subpoe na, or has refused to take an oath, to make a 
statement, to testify, to give an expert opini on or to interpret, without justifiable reasons. 
(2)The administrative fine referred to in para graph (1) shall be imposed and collected by the 
Commissioner of the Korean Intellectual Property Office as prescribed by Presidential Decree. 
(3)Any person who objects to the imposition of an administrative fine under paragraph (2) may lodge 
a protest to the Commissioner of the Korean Intellectual Property Office within thirty days from the 
date of notification of the imposition. 
(4)The Commissioner of the Korean Intellectual Property Office shall, upon receipt of a protest under 
paragraph (3), notify the competent court withou t delay, which shall adjudicate the case of the 
administrative fine according to the provisions of  the Act on Procedure for Non-Litigation Cases. 
<Amended by Act No. 7871, Mar. 3, 2006> 
(5)Where no objection has been raised within the period prescribed in paragraph (3) and where the 
fine has not been paid, the Commissioner of the Ko rean Intellectual Property Office shall collect it in 
the same manner as the delinquent national taxes are collected. 
 ADDENDA 
Article 1 (Enforcement Date) 
This Act shall enter into force on September 1,  1990: Provided, That matters concerning Chapter Ⅱ 
of the Patent Cooperation Treaty as prescribed in Ar ticles 201, 205 and 211 shall enter into force on 
the day on which Chapter 2 of the Patent Cooperatio n Treaty takes effect to the Republic of Korea. 
Article 2 (General Transitional Measures) IP/N/1/KOR/P/4 
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Except as otherwise provided for in Articles 3 through 9 of this Addenda, this Act shall also apply to 
matters having taken place before this Act enters into force: Provided, That any effect produced 
pursuant to the previous provisions shall not be affected. 
Article 3 (Transitional Measures concerning Patent Application, etc.) The examination as to a patent application and the appellate trial as to a refusal ruling, which are 
made before this Act enters into force, shall be subject to the previous provisions. 
Article 4 (Transitional Measures concerning Trial, etc. on Patent for which Right is established) 
The trial, appellate trial, review and lawsuit on a patent for which a right is established on the basis of 
a patent application filed before th is Act enters into force, shall be subject to the previous provisions. 
Article 5 (Transitional Measures concerning Submission of Priority Evidentiary Documents under 
Treaty) 
The period for submitting priority Evidentiary docum ents of a patent application which requests a 
priority to the Republic of Korea before this Act en ters into force, shall be subject to the previous 
provisions. 
Article 6 (Transitional Measures concerning Rejection of Correction) 
Any correction made before this Act enters into fo rce shall be subject to the previous provisions. 
Article 7 (Transitional Measures concerning Duration of Patent Right) The duration of any patent right established before th is Act enters into force and that established by 
patent application shall be subject to the previous provisions. 
Article 8 (Transitional Measures concerning Expropriation, etc. of Patent Right) Any disposition or lawsuit on restriction, expropriat ion, revocation, or embodiment of a patent right, 
which is requested before this Act enters into fo rce, shall be subject to the previous provisions. 
Article 9 (Transitional Measures concerning Proce dure, Expenses and Compensation for Damages, 
etc. of Trial) 
The procedure, expenses and compensation for damag es, etc. concerning any trial, appellate trial, 
review and lawsuit, which are requested before this  Act enters into force, shall be subject to the 
previous provisions. 
 ADDENDA <Act No. 4541, Mar. 6, 1993> Article 1 (Enforcement Date) This Act shall enter into force on the date  of its promulgation. (Proviso Omitted.) 
Articles 2 through 5 Omitted. 
 
ADDENDA <Act No. 4594, Dec. 10, 1993> (1)(Enforcement Date) This Act shall enter into force on January 1, 1994. (2)(Transitional Measures concerning Period for Return of  Patent Fee, etc.) The return of any patent 
fee and other one paid by mistake before this Act en ters into force, shall be governed by the previous 
provisions. 
(3) (Application Examples concerning Return of  Patent Fee) The amended provisions of 
Article 84 (1) 2 and 3 concerning the return of the patent fee due to a final decision on nullity of a 
patent, shall apply to those on which a decision on nullity becomes conclusive after this Act enters 
into force. IP/N/1/KOR/P/4 
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ADDENDA <Act No. 4757, Mar. 24, 1994> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation. Articles 2 through 5 Omitted. 
 
ADDENDA <Act No. 4892 Jan. 5, 1995> Article 1 (Enforcement Date) This Act shall enter into force on March 1, 1998. Article 2 (Transitional Measures on Cases Pending) 
(1) Any case for which a request for trial has been  made or a case pending for which a request for 
appellate trial against a ruling of refusal, decisi on of revocation, or a decision of rejection for 
correction before this Act enters into force shall be deemed to have made a request against a trial with 
the Patent Tribunal and to have been pending th erein. <Amended by Act No. 5329, Apr. 10, 1997> 
(2) Any case for which a request for trial and deci sion has been made or a case pending for which a 
request for immediate appeal against a decision of di smissal for request for trial prior to entry into 
force of this Act shall be deemed  to have brought a litigation agains t the Patent Court under this Act 
and to have been pending therein. 
Article 3 (Transitional Measures on Cases agai nst which Dissatisfactions may be Brought) 
(1) Any litigation may be brought against a case on whic h a trial, a decision of rejection for request 
for trial, a ruling of refusal, or a decision of dismi ssal for correction by the examiner at the time of this 
Act enters into force, and against which a dissatis faction has not brought with the Patent Tribunal 
under the previous provisions, within 30 days from the date of enforcement of this Act, a litigation as 
referred to in Article 186 (1) may be brought against a trial and decision of the trial and a decision of 
rejection for request for trial, and a trial as refe rred to in Article 132-3 or 132-4 may be requested 
against a ruling of refusal, or a decision of dismi ssal for correction by the examiner unless any period 
for dissatisfaction has expired under the previous provi sions at the time this Act enters into force. 
<Amended by Act No. 5329, Apr. 10, 1997> 
(2) Any dissatisfaction may be brought against a case on which a trial and decision of a trial, a 
decision of rejection for request for appellate tria l and a decision of rejection for correction by the 
appellate trial judge at the time this Act enters into force has be en served with the Supreme Court, 
unless any period for dissatisfaction has expired under the previous provisions at the time this Act 
enters into force. 
(3) Any case against which a dissatisfaction has been  brought with the Supreme Court and which is 
pending therein prior to entry into force of this Act and any case against which a dissatisfaction on has 
been brought pursuant to paragraph (2) shall be deem ed to have been pending or  to have been brought 
against the Supreme Court. 
Article 4 (Transitional Measures on Review Cases) 
Articles 2 and 3 of Addenda shall apply mutatis mutandis to any review case pending. Article 5 (Transfer, etc. of Documents) (1) The Commissioner of the Korean Industrial Prop erty Office shall transfer documents on a pending 
case as referred to in Article 2 (1) of Addenda  (including those applie d mutatis mutandis under 
Article 4 of Addenda) without delay to the Director of the Patent Tribunal. IP/N/1/KOR/P/4 
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(2) The Commissioner of the Korean Industrial Prop erty Office shall transfer documents on a pending 
case as referred to in Article 2 (2) of Addenda  (including those applie d mutatis mutandis under 
Article 4 of Addenda) without delay to the chief Ju stice of the Patent Court. In this case, matters 
necessary for the transfer etc. of documents shall be determined by the Supreme Court Regulations. 
Article 6 Omitted. 
 
ADDENDA <Act No. 5080, Dec. 29, 1995> Article 1 (Enforcement Date) This Act shall enter into force on July 1, 1996. Article 2 (Transitional Measures con cerning Invention of Substance to be Manufactured by Nuclear 
Conversion Method) 
(1) Any applicant of a patent specifying an inventi on of a substance to be manufactured by the nuclear 
conversion method, in the specification or drawings appended first to the pate nt application of those 
pending in the Korean Industrial Property Office (e xcluding a case where the exemplified copy of the 
patent ruling is delivered), at the time this Act en ters into force, may correct such specification or 
drawings within six months after this Act enters into force. 
(2) The correction as referred to in paragraph (1) shall be considered as those made prior to the 
delivery of the copy of the decision on the public notice on application. 
Article 3 (Transitional Measures concerning Duration of Patent Right) (1) This Act shall not apply to any patent right, th e duration of which is terminated pursuant to the 
previous provisions before this Act enters into force. 
(2) The duration of the patent rights existing, or those the application of which is pending in the 
Korean Industrial Property Office, and the duration of which is to be shortene d due to the enforcement 
of this Act, at the time this Act enters into fo rce, shall be governed by the previous provisions. 
Article 4 (Special Case of Recognition of Ordinary License for those Preparing Embodiment Project) (1) In the event that the patent right to the inven tion of substance to be manufactured by the nuclear 
conversion method is established under the amended provision of Article 32, the person who is 
carrying on or preparing for the embodiment project of such invention is Korea before January 1, 1995, shall have the ordinary license of the patent right to such invention, in the limit of the 
object of such invention or project which is embodied or prepared. 
(2) In the event that the term of a patent right is extended by the enforcement of this Act, any person 
who is preparing the embodiment project of the invention in Korea before January 1, 1995, in 
anticipation of the termination of such patent right pursuant to the previous provisions, shall have the 
ordinary license as to such patent right, to the exte nt of the object of the invention and business which 
he/she is preparing, during the term extended by th e enforcement of this Act from the expiration of 
the duration as set forth by the previous provisions. 
(3) Any person who holds the ordinary license under pa ragraphs (1) and (2), shall pay a considerable 
compensation to the patentee or exclusive licensee. 
(4) The provisions of Article 118 (2) shall be appli cable mutatis mutandis to the ordinary license as 
referred to in paragraphs (1) and (2). 
Article 5 (Transitional Measures concerning Procedur e and Expenses of Trial, and Compensation for 
Damage, etc.) 
The procedure, expenses, compensation for damage, et c. concerning any trial, appellate trial, review 
and lawsuit requested against any act committed before  this Act enters into force, shall be governed 
by the previous provisions. IP/N/1/KOR/P/4 
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ADDENDA <Act No. 5329, Apr. 10, 1997>  Article 1 (Enforcement Date) This Act shall enter into force on July 1, 1997: Provided, That Articles 15 (2), 16 (1) and (2), 46, 132-
3, 140-2, 164 (1), 170, 171 (2), 172, 176 (1) and (2), 224-2 and Articles 2 (1) and 3 (1) of Addenda of 
the amended Patent Act, Act No. 4892 sh all enter into force on March 1, 1998. 
Article 2 (Special Cases on Patent Objections) (1) In applying Article 6, the term "request an  appellate trial against a ruling of refusal under 
Article 167" in the same Article shall be deemed "re quest an appellate trial against a ruling of refusal 
or a decision of revocation under Ar ticle 167" until February 28, 1998. 
(2) In applying Article 164 (1), the term "until the decision of other trial or appellate trial becomes 
definite" in the same paragraph shall be deemed "a  decision on a patent objection, of other trial or 
appellate trial becomes defin ite" until February 28, 1998. 
(3) In applying Article 170 (1), the term "Articles 50, 51, 63 and 66 through 75" in the former part of 
the same paragraph shall be deemed "Articles 51, 63 and 66" and the latter part of the same paragraph 
shall be deemed as if it were deleted until February  28, 1998, and in applying paragraph (3) of the 
same Article, the term "Article 51 (4) through (6)" in the same paragraph shall be deemed 
"Article 51 (1) and (5)" until February 28, 1998. 
(4) In applying Article 171 (3) and (4), the term "r uling of refusal" in the same paragraph shall be 
deemed ruling of refusal or decision of  revocation" until February 28, 1998. 
(5) In applying Article 172, the term "procedure fo r the patent, which was taken for the examination 
or trial" in the same Article shall be deemed "procedure for the patent, which was taken for the 
examination, patent objection or trial" until February 28, 1998. 
(6)In applying Article 176, the phrase "shall reverse the refusal ruling or decision on trial" in the same 
Article shall be deemed "shall reve rse or revoke the refusal ruling, decision of revocation or decision 
on trial" until February 28, 1998. 
Article 3 (Transitional Measures on Modification of Patent Objection System) 
(1)Any application for a patent which has been pending in the Korean Industrial Property Office 
before this Act enters into force and on which a co py of decision for publicity of application and any 
patent, patent right, trial or review related to the application for a patent on which a copy of decision 
for publicity of application has been delivered before  this Act enters into force shall be governed by 
the previous provisions. 
(2)Any application for a patent on which a copy of decision for publicity of application has been 
delivered or any application for a patent for wh ich has been applied as the same invention as an 
invention or a device described in the specifica tion or drawing appended initially to the patent 
application after the date of application of a utility model registration application shall, 
notwithstanding the amended provisions of Article 29 (3), be governed by the previous provisions. 
Article 4 (Transitional Measures on Penal Provisions) 
The application of penal provisions to acts committed  prior to entry into force this Act shall be 
governed by the previous provisions. 
Article 5 Omitted.  ADDENDA <Act No. 5576, Sep. 23, 1998>  
Article 1 (Enforcement Date) IP/N/1/KOR/P/4 
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This Act shall enter into force on January 1, 199 9: Provided, That Articles 193 (1) and 198-2, the 
amended provisions concerning the effect of specifi cation, claims, drawings and abstracts of an 
international patent application made in the Korean language of Article 201 (6), the amended 
provisions concerning the exemption of submission of translations with respect to an international patent application made in the Korean language  of Article 208 (1) and the amended provisions 
concerning the exemption of submission of transla tions with respect to an international patent 
application made in the Korean language of Article  210, shall enter into force on the date when a 
convention which the Government of the Republic of  Korea concludes with the International Bureau 
in connection with the appointment of an interna tional search authority enters into force, and the 
amended provisions of Articles 6, 11, 29, 36, 49, 53,  55, 56, 59, 69, 87, 88, 102, 104, 133, 202, 209 
and 215 of this Act, and those of Articles 21 and 22 of the Design Act in Article 5 (2) of this addenda 
shall enter into force on July 1, 1999.  
〔Effective Date of the Agreement: Dec. 1, 1999 〕 
Article 2 (General Transitional Measures)  
The previous provisions shall apply to a patent app lication made under the previous provisions at the 
time when this Act enters into force, and the pate nt registration, patent ri ght, opposition to a patent, 
trial, review and litigation related thereto.  
Article 3 (Application of Disposition of Procedures Re lated to Filing of Patent Application by Means 
of Electronic Documents)  
The amended provisions of Articles 28-3 and 217-2 (5) involving patent application- and opposition-
related procedures shall apply with respect to a pate nt application that is filed from January 1, 1999. 
<Amended by Act No. 6768, Dec. 11, 2002> 
Article 4 (Application of Requirements for Patents)  The amended provisions of Article 29 (3) shall apply in a case where an invention for which a patent 
application is made after this Act enters into force (hereafter referred to as a "later-filed invention" in 
this Article) is the same as a device described in the specifications or drawings appended to a written 
application for utility model registra tion, which was filed before this Act enters into force and which 
was laid open after the filing date of the pate nt application for a later-filed invention.  
Article 5 Omitted.  ADDENDA <Act No. 6024, Sep. 7, 1999> 
Article 1 (Enforcement Date) 
This Act shall enter into force on October 1, 2000. (Proviso Omitted.) Articles 2 through 13 Omitted.  ADDENDA <Act No. 6411, Feb. 3, 2001>  (1) (Enforcement Date) This Act shall enter into fo rce on July 1, 2001: Provided, That the amended 
provisions of Articles 56 (1), 84 (2) and (3), proviso  to 217 (1) and 229-2 shall enter into force on the 
date of its promulgation. 
(2)(Application of Requirements for Patents) Th e amended provisions of Articles 29 (1) 2 and 
30 (1) 1 (c) shall apply to a patent application that is filed on and after this Act enters into force. 
(3)(General Transitional Measures) The previous pr ovisions shall apply to an  examination, patent 
registration, patent right, opposition to a patent, tr ial, retrial and litigati on related to a patent 
application which is made under the previous provisions at the time when this Act enters into force: IP/N/1/KOR/P/4 
Page 78  
  
Provided, That this provision sh all not apply to any of the following cases: <Amended by Act 
No. 7871, Mar. 3, 2006> 
1.Where an opposition to a patent is made, Articl es 136 (9) and 140 (2) as applied mutatis mutandis 
under amended Article 77 (3) shall apply; 
2.Where a patent application or patent right is d eemed to have retroactive effect, amended Article 81-
2 shall apply; 
3.Where a trial to invalidate a patent is requ ested, amended Article 133- 2 (1), (2), amended 
Articles 136 (3) through (5), (7) through (11), 139 (3), 140 (1), (2) and (5), and 136 (1) as applied mutatis mutandis under amended Ar ticle 133-2 (3) shall apply;  
4.Where a trial against ruling of refusal of patent application is requested, the amended provisions of 
the proviso to Article 140-2 (1), and (3) shall apply;  
5.Where individual claims of a patent application with two or more claims are abandoned, amended 
Article 215-2 shall apply. 
 ADDENDA <Act No. 6582, Dec. 31, 2001> 
(1)(Enforcement Date) This Act shall enter into for ce six months after the date of its promulgation. 
(2)(Transitional Measures for State or Public Patents) The patents and the rights eligible to obtain the 
patent on the in-service inventions of the teachers and staff of the State or public school, which have 
owned by the State or local government at the time th is Act enters into force,  shall pass to the fully-
responsible systems of the school at the time of such in-service inventions. 
(3) (Transitional Measures for State or  Public Utility Model Right, etc.) With regard to the transfer of 
the utility model rights for an in-service device and in -service creation of the teachers and staff of the 
State or public school, the rights eligible to obtain a registration of utility model, and the design rights and the rights eligible to obtain a registration of  design, which have owned by the State or local 
government at the time when this Act enters into force, the amended provis ions of Article 39 and 
paragraph (2) of the Addenda applie d mutatis mutandis respectively in Article 20 of the Utility Model 
Act and in Article 24 of the Design Act shall apply mutatis mutandis.  
 ADDENDA <Act No. 6626, Jan. 26, 2002> Article 1 (Enforcement Date) This Act shall enter into force on July 1, 2002.  Articles 2 through 7 Omitted. 
 
ADDENDA <Act No. 6768, Dec. 11, 2002> (1)(Enforcement Date) This Act shall enter into for ce five months after the date of its promulgation: 
Provided, That the amended provisions of Article 201 (1) shall enter into force three months after the 
date of its promulgation. 
(2)(Applicable Cases concerning Handling of Opposit ion to Grant of Patent) The amended provisions 
of Article 78-2 shall apply to an opposition to the grant of a patent which is filed on and after the 
enforcement date of this Act. 
(3)(Transitional Measures on Period for Submitting Do mestic Documents on International Patent 
Application) Notwithstanding the amended provisions of Article 201 (1), the pr evious provisions shall 
apply with respect to an international patent a pplication for which the period for submitting domestic 
documents has expired at the time this Act enters into force. IP/N/1/KOR/P/4 
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ADDENDA <Act No. 7289, Dec. 31, 2004> Article 1 (Enforcement Date) This Act shall enter into force six mont hs after the date of its promulgation. 
Articles 2 through 5 Omitted. 
 
ADDENDA <Act No. 7427, Mar. 31, 2005> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That ... (Omitted.) ... 
Article 7 (excluding paragraphs  (2) and (29)) shall enter into force on January 1, 2008. 
Articles 2 through 7 Omitted. 
 ADDENDUM <Act No. 7554, May 31, 2005> This Act shall enter into force six months after the date of its promulgation: Provided, That the 
amended provisions of Article 81-3 shall enter into force on September 1, 2005. 
 
ADDENDA <Act No. 7869, Mar. 3, 2006> Article 1 (Enforcement Date) This Act shall enter into force six mont hs after the date of its promulgation. 
Articles 2 through 6 Omitted.  
ADDENDA <Act No. 7871, Mar. 3, 2006> 
Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions 
of Articles 3 (3), 6, 7-2 and 11 (1), subparagraph 7 of Article 20, subparagr aph 6 of Article 21, and 
Articles 29 (1), (3) and (4) (amendments related to  the Utility Model Act), 31, 36 (3), 49, 52, 53, 
55 (1), (3) and (4) (amendments related to the Utility  Model Act), 56 (1), 58, 58-2, 59 (3), 62, 63-2, 
64, 87 (2), 88 (4), 102 (4) (amendments related to the Utility Model Act), 104 (1 ), 133 (1), 133-2 (4), 
135 (1), 154 (8), 193 (1), 202 (3) (amendments rela ted to the Utility Model Act) and (4), 204 and 205 
(amendments related to the 'relevant date'), 208 (3),  209, 213, 215 (amendments  related to the Utility 
Model Act), and 229-2 shall take effect on Oct ober 1, 2006; and the amended provisions of 
Articles 3 (2), 4, 15 (1), 35, 55 (3) (amendments re lated to the patent objections), 57 (1), 65 (6), 69 
through 78, 78-2, 84 (1), 132-3, 136 (1) and (6), 137 (1), 140-2, 148, 164 (1), 165 (3) and (4) 
(amendments related to the patent objections), 171 (2), 172, 176 (1) and (2), 181 (1), 212, 214 (5), 
215, 217 (1) (amendments related to the patent objections) and (2), 217-2 (1) and (2) (amendments 
related to the patent objections), 224-2 (1) (amendme nts related to the patent objections), 226 (2), and 
228, on July 1, 2007. 
Article 2 (Applicable Cases concerning Patent Requirements, etc.)  
The amended provisions of Articles 29 (1) 1, 30 (1) and 36 (4) shall apply to a patent application 
which is filed on or after the en forcement date of this Act. 
Article 3 (Applicable Cases concerning Refund of Patent Fees)  IP/N/1/KOR/P/4 
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The amended provisions of Article 84 (2) and (3) sh all apply with respect to a decision to cancel a 
patent or a trial decision to invalidate a patent or the registration of an extension of the term of a 
patent right which becomes final and conclusive on or after the enforcement date of this Act. 
Article 4 (Applicability to Revision of Patent Invalidation Trial) The amended provisions of the proviso to Article 133 (1) (excluding subparagraphs 7 and 8) shall 
apply to a patent right whose establishment is register ed on or after the enforcement date of this Act. 
Article 5 (Applicability to Compensation for Patent Attorney)  The amended provisions of Article 191-2 shall apply to a fee to be paid to a patent attorney who 
performs a lawsuit on behalf of a party on or  after the enforcement date of this Act. 
Article 6 (General Transitional Measures) 
The previous provisions shall apply with respect to the examination of a patent application filed under 
the previous provisions at the time this Act enters in to force, and the patent registration, patent right, 
trial, retrial and litigation related thereto: Provided , That a request for the invalidation trial of the 
patent shall be governed by the amended provisions of Article 133-2 (4), and a request for a trial to 
confirm the scope of the patent right, by the amended provisions of Article 135 (1). 
Article 7 (Transitional Measures concerning A bolition of Patent Objection System)  
The previous provisions shall apply with respect to  a patent objection against a patent right whose 
establishment is registered prior to July 1, 2007. 
 ADDENDA <Act No. 8171, Jan. 3, 2007> Article 1 (Enforcement Date) 
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.) 
Articles 2 through 6 Omitted.  ADDENDA <Act No. 8197, Jan. 3, 2007> Article 1 (Enforcement Date) 
This Act shall enter into force on July 1, 2007. 
Article 2 (Applicability to Patent Applications)  The amended provisions of Articles 42, 47 (1) and 55 (3), proviso to Article 59 (2), subparagraph 4 of 
Article 62, Article 63-2, proviso to Article 64 (1),  the latter parts of Articles 170 (1) and 174 (2) shall 
apply to a patent application which is filed on or after the enforcement date of this Act. 
Article 3 (Applicability to Cancelation of Designation of Specialized Organization)  
The amended provisions of Article 58-2 shall apply to a violation ma de on or after the enforcement 
date of this Act. 
Article 4 (Applicability to Refund of Fees for Patent Applications) The amended provisions of Article 84 (1) 4 shall appl y to a patent application which is filed on or 
after the enforcement date of this Act. 
Article 5 (Applicability to Correction of Patent in Procedures of Patent Invalidation Trials)  
The amended provisions of Articles 133-2 and 137 sha ll apply to a request for a patent invalidation 
trial which is made on or after th e enforcement date of this Act. IP/N/1/KOR/P/4 
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Article 6 (Applicability to Amendment Made in Sp ecification and Drawings at Trials to Confirm 
Scope of Right)  
The amended provisions of Article 140 (2) 2 shall apply to a request for a trial to confirm the scope of 
a patent right which is filed on or afte r the enforcement date of this Act. 
Article 7 (General Transitional Measures)  
The previous provisions shall apply to a patent app lication filed under the previous provisions as well 
as an examination, trial, retrial, or litigation with re gard to such application at the time when this Act 
enters into force. 
 ADDENDA <Act No. 8357, Apr. 11, 2007> 
Article 1 (Enforcement Date) 
This Act shall enter into force on the date of its  promulgation: Provided, That …(Omitted.)… and the 
amended provisions of Article 6 (4) of the Adde nda shall enter into force on July 1, 2007.  
Articles 2 through 7 Omitted.   
ADDENDA <Act No. 8462, May 17, 2007> 
(1) (Enforcement Date) This Act shall enter into for ce six months after the date of its promulgation.  
(2) (Applicability to Refund of Pate nt Fees, etc.) The amended provisi ons of Article 84 (3) shall apply 
even to patent fees and official fees whose pe riod of the request for refund under the previous 
provisions does not elapse at the time this Act enters into force. 
 
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. 9249, Dec. 26, 2008> 
This Act shall enter into force on the date of its promulgation.  ADDENDA <Act No. 9381, Jan. 30, 2009> Article 1 (Enforcement Date) This Act shall enter into force on July 1, 2 009: Provided, That the amended provisions of 
Articles 15 (1), 29 (4), 55, 56, 58 (1), 63 (2), 81-3, 90 (6), 140, 140-2 (2), 202, 204, 205, 207, 208, 
214, 216, 226, 226-2, 227 through 230 shall enter into force on the date of its promulgation. 
Article 2 (Applicability to Requirements for Patent of International Patent Application Filed in 
Korean Language) 
The amended provisions of Articles 29 (4), 204, 205 and 207 shall apply to an international patent 
application which is filed in the Korean  language on or after January 1, 2009.  
Article 3 (Applicability to Amendment to Patent Application) IP/N/1/KOR/P/4 
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The amended part related to the deletion of Article 47  (4) of the amended provisions of Article 47, the 
main sentence of Article 51 (1) and Article 55 shall apply to an amendment which is made on or after 
the enforcement date of this Act. Where an amendm ent is made to a patent application filed before 
this Act enters into force, "period (in the case of s ubparagraph 3, that time)" in  the proviso to the part 
other than the subparagraphs of Article 47 (1) sh all be regarded as "period"; "when an applicant 
requests a re-examination pursuant to Article 67-2"  in subparagraph 3 of the same paragraph as 
"where a request for a trial against a ruling of refu sal to grant a patent is made in accordance with 
Article 132-3, 30 days from the date of such request for a trial"; and "Article 47 (1) 2 and 3" in the 
main sentence of Article 51 (1) as "Article 47 (1) 2." 
Article 4 (Applicability to Request for Re-examination) 
The amended part related to a request for re-exami nation of the amended provisions of Article 47, the 
amended part related to a request for re-examination of the amended provisions of Article 51, and the 
amended provisions of Article 67-2 shall apply to a pa tent application which is filed on or after this 
Act enters into force. 
Article 5 (Applicability to Divided Application) 
The amended provisions of Article 52 shall apply to a divisional application based on the first patent 
application filed on or after this Act enters into force. 
Article 6 (Applicability to Ex Officio Amendment) The amended provisions of Article 66- 2 shall apply to a decision to grant a patent which is made on or 
after the enforcement date of this Act. 
Article 7 (Applicability to Late Payment and Remaining Payment of Patent Fees) 
The amended provisions of Articles 79, 81 and 81-2 shall apply to the payment, late payment or 
remaining payment of patent fees which is made  on or after this Act enters into force. 
Article 8 (Applicability to Application for Regist ration of Extension of Term of Patent Right) 
The amended provisions of Article 90 (6) shall apply to an application for registration of the extension 
of the term of a patent right which is file d on or after this Act enters into force. 
Article 9 (Applicability to Amendment to Request for Trial) 
The amended provisions of Articles 140 and 140-2 (2) shall apply to a request for a trial which is 
made on or after this Act enters into force. 
Article 10 (General Transitional Measures) The previous provisions (excluding Articles 15 (1) a nd 216) shall apply to a patent application filed 
before this Act enters into force. 
Article 11 Omitted. 
 ADDENDUM <Act No. 9985, Jan. 27, 2010> This Act shall enter into force six months after the date of its promulgation: Provided, That the 
amended provisions of Article 96 shall enter in to force on the date of its promulgation. 
 
ADDENDA <Act No. 10012, Feb. 4, 2010> Article 1 (Enforcement Date) This Act shall enter into force three months afte r the date of its promulgation. (Proviso Omitted.) 
Articles 2 through 6 Omitted.  IP/N/1/KOR/P/4 
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ENFORCEMENT DECREE OF THE PATENT ACT 
 
  CHAPTER I GENERALPROVISIONSAND PATENT APPLICATION 
Article 1 (Purpose) 
The purpose of this Decree is to provide for matters  delegated by the Patent Act and those necessary 
for its enforcement. <Amended by Presidential Decree No. 18694, Jan. 31, 2005> 
[This Article Wholly Amended by Preside ntial Decree No. 17246, Jun. 27, 2001] 
Article 1-2 (Scope of Telecommunication Lines)  
The term "telecommunication lines prescribed by Presidential Decree" in Article 29 (1) 2 of the Patent 
Act (hereinafter referred to as the "Act") and s ubparagraph 2 of Article 129 of the Act means the 
telecommunication lines operated by persons falli ng under any of the following subparagraphs: 
1.The Government, local governments, the governments or local governments of foreign countries, or 
international organizations; 
2.National and public schools provided for in Article  3 of the Higher Education Act or national and 
public universities of foreign countries; 
3.Domestic and foreign national and public research institutions;  4.Corporations incorporated to run the patent in formation business which are designated and publicly 
notified by the Commissioner of the Korean Intellectual Property Office. 
[This Article Wholly Amended by Preside ntial Decree No. 19697, Sep. 28, 2006] 
Article 2 (Deposit of Micro-Organisms) 
(1) Any person who desires to make a patent applica tion for an invention related to a micro-organism, 
shall deposit such micro-organism with a depository authority determined by the Commissioner of the 
Korean Intellectual Property Office or an institutio n which has acquired a status as an international 
depository authority under Article 7 of the Budapest Treaty on the International Recognition of the 
Deposit of Micro-Organisms for the Purposes of Pa tent Procedure (hereinafter referred to as 
"international depository authority"), and attach doc uments certifying the fact (in cases of deposit with 
the international depository authority, a copy of th e latest receipt of deposit under Article 7 of the 
Budapest Treaty on the Internati onal Recognition of the Deposit of Mi cro-Organisms for the Purposes 
of Patent Procedure) to the patent application: Pr ovided, That if a person who has ordinary knowledge 
in the field of technology to which the invention belongs, can easily obtain such micro-organism, it 
needs not to be required to deposit such mi cro-organism. <Amended by Presidential Decree 
No. 18694, Jan. 31, 2005> 
(2) When a new deposit number is issued to the mi cro-organism deposited unde r paragraph (1) after a 
patent application is filed, a pa tent applicant or a patentee shall report it to the Commissioner of the 
Korean Intellectual Property Office without dela y. <Amended by Presidential Decree No. 14059, 
Dec. 31, 1993> 
Article 3 (Matters to be Entered in Patent Speci fications of Invention re lated to Micro-Organism) 
Any person who intends to file a pa tent application for an invention related to a micro-organism shall 
enter in the specifications prescribed in Article 42 (2) of the Act, the deposit number issued by the 
depository authority or the intern ational depository authority wher e he/she has deposited the micro-
organism pursuant to the main sentence of Article 2 (1), and the method of acquisition of the micro-
organism when he/she did not deposit it pur suant to the proviso to Article 2 (1). IP/N/1/KOR/P/4 
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[This Article Wholly Amended by Preside ntial Decree No. 21567, Jun. 26, 2009] 
Article 4 (Apportionment of Samples of Micro-Organism) (1) A person who intends to practice an invent ion related to a micro- organism deposited under 
Article 2 for the purpose of a test or research, may have samples of  such micro-organism apportioned 
by a depository authority or inte rnational depository au thority, in any of the following cases: 
<Amended by Presidential Decree No. 15408, J un. 26, 1997; Presidential Decree No. 17995, 
Jun. 13, 2003; Presidential Decree No. 20127, Jun. 28, 2007; Presidential Decree No. 21567, 
Jun. 26, 2009> 
1.Where a patent application for the invention re lated to the micro-organi sm is published or its 
registration of establishment is filed;  
2.Where it is required to prepare a written opinion pr escribed in Article 63 (1) of the Act (including 
cases where Article 170 (2) of the Act is applicable mutatis mutandis). 
(2) No person who has samples of a micro-orga nism apportioned under para graph (1), shall allow 
another person to use the micro-organism. 
Article 5 (How to Enter Scope of Patent Claim) 
(1) When claims (hereinafter referred to as "cla ims") within the scope of claims provided for in 
Article 42 (8) of the Act are entered, an independe nt claim (hereinafter referred to as "independent 
claim") shall be entered, and a dependent claim (herei nafter referred to as "dependent claim") that is 
embodied by limiting or adding to the dependent claim may be entered. In such cases, if deemed necessary, other dependent claim that is embodied  by limiting or adding to the dependent claim may 
be entered. <Amended by Presidential Decree  No. 19697, Sep. 28, 2006; Presidential Decree 
No. 20127, Jun. 28, 2007> 
(2) The claims shall be entered in a proper num ber according to the nature of the invention. 
<Amended by Presidential Decree  No. 17995, Jun. 13, 2003> 
(3) Deleted. <by Presidential Decree No. 16417, Jun. 30, 1999> (4) When a dependence claim is entered, one or mo re paragraphs from independence claims or other 
dependence claims shall be quoted and the number of  paragraphs quoted sha ll be entered. <Amended 
by Presidential Decree No. 16417, Jun. 30, 1999> 
(5) A claim that quotes not less than two claims sh all mention alternatively the numbers of the quoted 
claims. <Amended by Presidential Decree No. 17995, Jun. 13, 2003> 
(6) In a claim that quotes not less than two claims, the quoted claim shall not quote two or more other 
claims again. The same shall apply to the formula by which in the claim that quotes not less than two 
claims, the quoted claim quotes one claim, resulting in quoting not less than two claims after quoting 
one claim again. <Amended by Presidential Decree No. 19697, Sep. 28, 2006> 
(7) The quoted claim shall be en tered ahead of the claim that quotes other claim. <Amended by 
Presidential Decree No. 17995, Jun. 13, 2003> 
(8) Each claim shall be entered on a new line, and ser ial numbers in the Arabic figure shall be given in 
the order of the entries. 
Article 6 (Requirements for Single Patent  Application for Group of Inventions) 
A single patent application for a group of inventions as prescribed in the proviso to Article 45 (1) of 
the Act shall meet the following requirements: 
1.The inventions described in the application shall have mutual relationship in adopted technology;  
2.The inventions described in the application shall have the same or corresponding technological 
features. In such cases, the technological features sh all be those improved in light of invention at 
large. IP/N/1/KOR/P/4 
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[This Article Wholly Amended by Preside ntial Decree No. 17995, Jun. 13, 2003] 
Article 7 (Invention subject to Application to Register Extension of Term of Patent Right) 
The term "invention prescribed by Presidential Decr ee" under Article 89 of the Act means any of the 
following inventions: <Amended by Presidential Decr ee No. 15009, Jun. 3, 1996; Presidential Decree 
No. 16852, Jun. 23, 2000; Presidential Decree No. 18694, Jan. 31, 2005; Presidential Decree 
No. 20127, Jun. 28, 2007; Presidential Decree No. 21053, Sep. 30, 2008> 
1.Invention of medicines subject to the item licen se under Article 31 (2) or (3) or 42 (1) of the 
Pharmaceutical Affairs Act to work the patented invention; 
2.Invention of agricultural chemicals or raw mate rials thereof which are to be registered under 
Articles 8 (1), 16 (1) and 17 (1) of the Agrochemi cals Control Act to work the patented invention. 
 
 CHAPTER II  EXAMINATION AND TRIAL  Article 8 (Qualification for Examiners, etc.) 
 
(1) A person eligible to become an examiner sha ll be a public official under any of the following 
subparagraphs of the Korean Intellectual Property Of fice or its affiliated agencies, who has completed 
the prescribed education and training course for exam iners conducted by the International Intellectual 
Property Training Institute: <Amended by Presi dential Decree No. 21917, Dec. 30, 2009> 
1.A public official of Grade Ⅴ or higher in general service; 
2.A public official in general service who belongs to the Senior Civil Service;  
3.A specialized contract-based public official who satisfies the qualification criteria of Grade A or B 
pursuant to attached Table 1 of the Cont ract-based Public Officials Regulations. 
(2) A person eligible to become an administrative pa tent judge shall be any state public official of 
Grade Ⅳ or higher in general service or a public offici al in general service who belongs to the Senior 
Civil Service assigned to the administrative post of  the Korean Intellectual Property Office or its 
affiliated agencies, who has completed the prescribed  education and training course for administrative 
patent judges conducted by the International Inte llectual Property Training Institute and who falls 
under any of the following subparagraphs: <A mended by Presidential Decree No. 16417, 
Jun. 30, 1999; Presidential Decree No. 18694, Jan. 31, 2005; Presidential Decree No. 19513, 
Jun. 12, 2006; Presidential Decree No. 19697, Sep. 28, 2006> 
1.A person who has served as an administrative pate nt judge at the Korean Intellectual Property 
Office for two or more years; 
2.Deleted; <by Presidential D ecree No. 19697, Sep. 28, 2006> 
3.A person whose total term of office is not less th an two years having served as an examiner at the 
Korean Intellectual Property Office, having been engaged in affairs of trial as a state public official of 
Grade Ⅴ or higher in the general service or a public offi cial in the general service who belongs to the 
Senior Civil Service at the Patent Tribunal and ha ving served as a technical examiner in the Patent 
Court. 
(3) A person eligible to become a presiding administ rative patent judge shall be a state public official 
of Grade Ⅲ in the general service or a public official in  the general service who belongs to the Senior 
Civil Service of the Korean Intellectual Property O ffice or any agency affiliated therewith, who falls 
under any of the following subparagraphs: Provided, That a presiding administrative patent judge, the 
position of which is open to the private sector pursuant to Article 28-4 (1) of the State Public Officials 
Act or the position of which is publicly offered pursu ant to Article 28-5 (1) of the same Act shall be 
appointed from among persons who meet the require ments for performing duties under paragraph (2) IP/N/1/KOR/P/4 
Page 86  
  
of the same Article or fall under any of the fo llowing subparagraphs: <Amended by Presidential 
Decree No. 16725, Feb. 28, 2000; Presidential Decr ee No. 18694, Jan. 31, 2005; Presidential Decree 
No. 19513, Jun. 12, 2006; Presidential Decree No. 19697, Sep. 28, 2006> 
1.A person who has served as an administrative patent  judge at the Patent Tribunal for two or more 
years;  
2.A person who is qualified as a trial examiner provi ded for in paragraph (2) and has worked for the 
Korean Intellectual Property Office or its affilia ted agency for not less than three years while 
rendering clerical services for examination or a trial.  
(4) Any person eligible to become the President of  the Intellectual Property Tribunal shall be a person 
qualified as an administrative patent judge. 
(5) Notwithstanding paragraphs (1) through (4), an y person who is a public official falling under the 
grade of position (including any public official in the general service who belongs to the Senior Civil Service and any specialized contract-based public official under paragraph (1) 3) as an examiner, 
administrative patent judge, presiding administrative  patent judge or President of the Intellectual 
Property Tribunal as referred to in paragraphs (1) through (4), and is qualified for a patent attorney, 
may be appointed as an examiner, administrative pa tent judge, presiding administrative patent judge 
or Director of the Patent Tribunal: Provided, That a specialized contract-based public official referred to in paragraph (1) 3 shall only be eligible to b ecome an examiner. <Amended by Presidential Decree 
No. 21917, Dec. 30, 2009> 
(6) Matters necessary for training of an examin er and an administrative patent judge under 
paragraphs (1) and (2) shall be determined by the Commissioner of the Korean Intellectual Property 
Office. 
[This Article Wholly Amended by Preside ntial Decree No. 15408, Jun. 26, 1997] 
Article 8-2 (Standards for Designating Specialized Institutions)  (1) The Commissioner of the Korean Intellectual Pr operty Office may designate corporations that 
fully meet the following requirements as a specialized  institution provided for in Article 58 (1) of the 
Act (hereinafter referred to as "specialized in stitution") pursuant to Article 58 (3) of the Act: 
<Amended by Presidential Decree  No. 19697, Sep. 28, 2006> 
1.They are required to secure documents and equi pment necessary to perform the work of searching 
prior art or conducting a patent classification u nder the International Patent Classification; 
2.They are required to secure the manpower and or ganization exclusively responsible for performing 
the work of searching prior art or conducting a pa tent classification under the International Patent 
Classification;  
3.They are required not to have persons on their payr olls who concurrently work for other institutions 
as its officer or employee, which perform the work provided for in Article 2 of the Patent Attorney 
Act or are required not to have patent attorneys on their payrolls who are registered pursuant to 
Article 5 of the same Act from their officers and employees; 
4.They are required to have officers and employees in  charge of the work of searching prior art or 
conducting a patent classification under the Internationa l Patent Classification and to have the security 
system for their facilities and equipment. 
(2) In cases where any speci alized institution designated pursuant to paragraph (1) performs any work 
other than the work of searching prior art or c onducting a patent classification under the International 
Patent Classification, the work of searching prio r art or conducting a patent classification under the 
International Patent Classification shall not be perfo rmed in an unfair manner on the grounds of such 
other work. <Amended by Presidential Decree No. 19697, Sep. 28, 2006>  
(3) Any person who intends to be designated as a sp ecialized institution shall file an application for as 
a specialized institution with the Commissioner of the Korean Intell ectual Property Office together IP/N/1/KOR/P/4 
Page 87 
 
  
with documents proving the fact that all require ments under each subparagraph of paragraph (1) are 
satisfied. <Amended by Presidential Decree No. 186 94, Jan. 31, 2005; Presidential Decree No. 19697, 
Sep. 28, 2006> 
(4) Matters necessary for the detailed criteria con cerning the securing of documents, equipment, 
manpower and organization, the operation of a specia lized institution, and the detailed criteria of 
security systems under each subparagraph of paragra ph (1) shall be provided and publicly notified by 
the Commissioner of the Korean Intellectual Property Office. <Newly Inserted by Presidential Decree No. 18694, Jan. 31, 2005; Presidential Decree No. 19697, Sep. 28, 2006> 
[This Article Newly Inserted by Presiden tial Decree No. 13744, Oct. 27, 1992] 
Article 8-3 (Entrustment, etc. of Searching Prior Art) 
(1) With respect to the patent applications or inte rnational applications deem ed to require searching 
prior art or conducting a patent classification under the International Patent Classification pursuant to 
Article 58 (1) of the Act, the Commissioner of  the Korean Intellectual Property Office may 
commission any specialized institution to search prio r art or conduct a patent classification under the 
International Patent Classification. <Amended by  Presidential Decree No. 19697, Sep. 28, 2006; 
Presidential Decree No. 21567, Jun. 26, 2009>  
(2) In cases where any specialized institution is commissioned by the Commissioner of the Korean 
Intellectual Property Office to search prior art or conduct a patent classification under the International Patent Classification pursuant to paragr aph (1), the head of su ch institution shall notify 
without delay the Korean Intellectual Property Office of the result of the search and the classification. 
<Amended by Presidential Decree  No. 19697, Sep. 28, 2006> 
(3) In cases where the Commissioner of the Korean  Intellectual Property Office recognizes that the 
result of the search and the classification referred to  in paragraph (2) is insufficient to identify the 
existence of prior art and the patent classificati on under the International Patent Classification in 
connection with the relevant patent  application or international app lication, he/she may recommission 
the head of the relevant speciali zed institution to search prior art and conduct a patent classification 
under the International Patent Classification after defining the scope of the search, etc. <Amended by 
Presidential Decree No. 19697, Sep. 28, 2006; Presidential Decree No. 21567, Jun. 26, 2009> 
(4) Paragraph (2) shall be applicable mutatis muta ndis to recommission referred to in paragraph (3). 
<Amended by Presidential Decree  No. 21567, Jun. 26, 2009> 
[This Article Newly Inserted by Presiden tial Decree No. 13744, Oct. 27, 1992] 
Article 9 (Object of Prior Examination) 
The term "patent application prescribed by President ial Decree" in subparagra ph 2 of Article 61 of the 
Act means any of the following patent applicati ons designated by the Commissioner of the Korean 
Intellectual Property Office: <Amended by Presiden tial Decree No. 16852, Jun. 23, 2000; Presidential 
Decree No. 17246, Jun. 27, 2001; Presidential Decree  No. 18694, Jan. 31, 2005; Presidential Decree 
No. 19697, Sep. 28, 2006; Presidential Decree No. 20127, Jun. 28, 2007; Presidential Decree 
No. 20137, Jun. 29, 2007; Presidential Decree No. 21053, Sep. 30, 2008; Presidential Decree 
No. 21567, Jun. 26, 2009> 
1.A patent application in the area of the defense industry; 2.A patent application directly related to green  technology (referring to such technology that 
minimizes emissions of greenhouse gases and polluta nts by saving energy and resources and making 
use of them efficiently throughout the whole pro cess of social and economic activities, such as 
technology related to reducing greenhouse gases, ra ising the efficiency of energy utilization, 
pollution-free production, clean energy, recycling r esources, and eco-friendliness (including related 
convergence technology)); 
3.A patent application directly related to the promotion of exports; IP/N/1/KOR/P/4 
Page 88  
  
4.A patent application concerning the official duties of the State or local governments (including any patent application concerning the duties of the na tional and public schools provided for in the Higher 
Education Act, which is filed by the organiza tion in charge of the technology transfer and 
industrialization established within the national a nd public schools pursuant to Article 11 (1) of the 
Technology Transfer and Commercialization Promotion Act); 
5.A patent application filed by an enterprise c onfirmed as a venture business under Article 25 of the 
Act on Special Measures for the Promotion of Venture Businesses;  
5-2.A patent application filed by an enterprise selected as a technology-innovative small and medium 
enterprise under Article 15 of the Act on the Pr omotion of Technology Innovation of Small and 
Medium Enterprises; 
6.A patent application concerning the results of th e State's project to support the development of new 
technology or quality certification; 
7.A patent application which is based on a prio rity claim under treaties (limited to cases where a 
foreign patent office, upon receiving such priority clai m based on the relevant patent application, is in 
the process of taking procedures for such patent); 
8.A patent-applied invention for which the applicant is in process of commercializing or is preparing 
to do so;  
9.A patent application directly related to electronic transaction;  10.A patent application on which the Commissione r of the Korean Intellectual Property Office has 
agreed with the commissioner of any foreign inte llectual property office to preferentially examine 
such;  
11.A patent application for which a person who intends  to file an application for prior examination 
retained a specialized institution under Article 58 (1) of the Act to search prior arts with respect to the 
invention for which the patent application is pendi ng, and requested the specialized institution to 
notify the results of the search to the Commissi oner of the Korean Intellectual Property Office. 
[This Article Wholly Amended by Preside ntial Decree No. 16417, Jun. 30, 1999] 
Article 10 (Decision on Prior Examination) 
(1) Any person who applies for a prior examination, shall file with the Commissioner of the Korean 
Intellectual Property Office an application for pr ior examination prescribed by Ordinance of the 
Ministry of Knowledge Economy. <Amended by Pr esidential Decree No. 13870, Mar. 6, 1993; 
Presidential Decree No. 15009, Jun. 3, 1996; Presidential Decree No. 16417, Jun. 30, 1999; 
Presidential Decree No. 20729, Feb. 29, 2008>  
(2) The Commissioner of the Korean Intellectual Pr operty Office shall, upon receiving an application 
for prior examination under paragraph (1), deci de whether the prior examination is conducted. 
(3) Matters necessary for the decision on prior examin ation as referred to in paragraph (2) shall be 
determined by the Commissioner of the Korean Intellectual Property Office.  
 IP/N/1/KOR/P/4 
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CHAPTER III CONFIDENTIAL TREATMENT, ETC. OF PATENT APPLICATION 
RELATED TO NATIONAL DEFENSE 
 Article 11 (Classification Criteria of Patent Application Related to National Defense) 
 
The Commissioner of the Korean Intellectual Pr operty Office shall determine the classification 
criteria necessary for selection of inventions to be treated as confidential under Article 41 (1) of the 
Act (hereinafter referred to as the "classification criteria") after consulting with the Commissioner of 
the Defense Acquisition Program Administration.  <Amended by Presidential Decree No. 19697, 
Sep. 28, 2006> 
Article 12 (Procedure for Confidential Treatment) 
(1) If a patent application filed by a person having a domicile or business place in Korea is conformed 
to the classification criteria as prescribed in Article  11, the Commissioner of the Korean Intellectual 
Property Office shall refer the Commissioner of th e Defense Acquisition Program Administration to 
whether it is required to classify and treat such application as confidential.<Amended by Presidential 
Decree No. 19697, Sep. 28, 2006>  
(2) In case where the Commissioner of the Korean In tellectual Property Office has made a reference 
to the Commissioner of the Defense Acquisition Progr am Administration under paragraph (1), he/she 
shall notify an inventor, the appli cant and the representative of the pa tent application, and a person 
who is deemed to be aware of the invention (hereinafter referred to as "inventor, etc.") of such fact, and request them to maintain the confidence ther eof. <Amended by Presidential Decree No. 19697, 
Sep. 28, 2006>  
(3) The Commissioner of the Defense Acquisition Program Administration shall, upon receiving a 
reference under paragraph (1), make  a reply within two months, and if  it is deemed necessary to treat 
the patent application as confidential, he/she  shall request the Commissioner of the Korean 
Intellectual Property Office to classify and treat such as confidential. <Amended by Presidential 
Decree No. 19697, Sep. 28, 2006>  
(4) Upon receiving a request to classify and treat any patent application as confidential under 
paragraph (3), the Commissioner of the Korean In tellectual Property Office shall take any necessary 
measures in conformity with the confidential service ru les, and order the inventor, etc. of the patent 
application to classify and treat it as confidential, a nd if he/she is not request ed so, he/she shall notify 
the inventor, etc. of the patent application of  a cancellation of the request for maintenance of 
confidence as referred to in paragraph (2 ). <Amended by Presidential Decree No. 18694, 
Jan. 31, 2005> 
(5) Upon receiving a reply of the Commissioner of the Defense Acquisition Program Administration 
under paragraph (3), the Commissioner of the Korean  Intellectual Property Office shall issue without 
delay an order to classify and treat the patent a pplication as confidential, or notify a cancellation of 
the request for maintenance of confidence under paragraph (4). <Amended by Presidential Decree 
No. 19697, Sep. 28, 2006>  
Article 13 (Cancellation, etc. of Confidential Treatment) (1) With respect to a patent application which is ordered to be classified and treated as confidential 
under Article 12 (4), the Commissioner of the Korean  Intellectual Property Office shall take necessary 
measures after consulting twice or more each year with the Commissioner of the Defense Acquisition 
Program Administration on the cancellation of confidence, extension of confidential maintenance 
period or whether or not the confidential level to be modified. <Amended by Presidential Decree 
No. 19697, Sep. 28, 2006>  
(2) The inventor, etc. who is ordered to classify and treat the patent application as confidential under 
Article 12 (4), may request the Commissioner of the Korean Intellectual Property Office to release it IP/N/1/KOR/P/4 
Page 90  
  
from confidential treatment, to modify the confidentia l level or to publish or license the invention to 
which a patent is applied, in a specified limit. 
Article 14 (Compensation) (1) A patent applicant may request to the Commissioner of the Defense Acquisition Program 
Administration for a compensation for losses arising from the prohibition of a patent application from 
being filed in a foreign country or by being treat ed as confidential (hereinafter referred to as the 
"compensation") under Article 41 (3) of the Ac t. <Amended by Presidential Decree No. 17246, 
Jun. 27, 2001; Presidential Decree No. 19697, Sep. 28, 2006> 
(2) If a patent applicant requests a compensation un der paragraph (1), he/she shall submit a written 
request for compensation and docume ntary evidence proving the losses. 
(3) Upon receiving a request for compensation unde r paragraph (1) from a patent applicant, the 
Commissioner of the Defense Acquisition Program  Administration shall determine and pay the 
amount of compensation, and if necessary, he/she may consult with the Commissioner of the Korean 
Intellectual Property Office. <Amended by Pr esidential Decree No. 19697, Sep. 28, 2006> 
Article 15 (Prohibition of Patent Application from Being Filed in Foreign Country and Permission 
Thereof) 
(1) If an invention for which a patent application is  filed by a person having the domicile or business 
office in Korea, is demanded by the Commissioner of the Korean Intellectual Property Office to be 
maintained as confidential under Article 12 (2), or  is ordered to be classified and treated as 
confidential under paragraph (4) of the said Article, it may file a patent application in any foreign 
country only when it is permitted by the Commissione r of the Korean Intellectual Property Office. 
(2) A person who intends to be granted a permission for filing of a patent application in a foreign 
country shall submit to the Commissioner of th e Korean Intellectual Property Office a written 
application therefor as prescribed by the Ordinance of the Ministry of Knowledge Economy. <Amended by Presidential Decree No. 13870, Ma r. 6, 1993; Presidential Decree No. 15009, 
Jun. 3, 1996; Presidential Decree No. 16417, Jun. 30, 1999; Presidential Decree No. 20729, 
Feb. 29, 2008>  
Article 16 (Consultations With Commissioner of  Defense Acquisition Program Administration) 
If the Commissioner of the Korean Intellectual Pr operty Office intends to grant permission under any 
of the following subparagraphs, he/s he shall consult in advance with  the Commissioner of the Defense 
Acquisition Program Administration: <Amended by  Presidential Decree No. 19697, Sep. 28, 2006> 
1.Permission on a publication or license of an invention classified and treated as confidential under 
Article 13 (2) in a specified limit;  
2.Permission on a patent application in a foreign country under Article 15 (2).  CHAPTER IV  SUPPLEMENTARY PROVISIONS Article 17 Deleted. <by Presidential Decree No. 20127, Jun. 28, 2007> 
Article 18 (Delivery, etc. of Documents) 
(1) Except in case where the documents to be deliv ered under the Act are directly received by the 
party or his representative at the Korean Intellectua l Property Office or the Patent Tribunal or received 
by utilizing the information and communication ne tworks, such documents shall be sent by a 
registered mail. <Amended by Presidential Decree No. 14059, Dec. 31, 1993; Presidential Decree 
No. 15408, Jun. 26, 1997; Presidential Decree No. 17246, Jun. 27, 2001; Presidential Decree 
No. 20127, Jun. 28, 2007> IP/N/1/KOR/P/4 
Page 91 
 
  
(2) Where the Commissioner of the Korean Intellect ual Property Office or the head of the Patent 
Tribunal has delivered the documents pursuant to para graph (1), he/she shall keep a receipt or its 
details according to any of the following subparagraphs: <Amended by Presidential Decree 
No. 17246, Jun. 27, 2001> 
1.In case where a party or his representative receives th e documents directly at the Korean Intellectual 
Property Office or the Patent Tribunal, the receipt specifying the date of receipt and the name of 
recipient;  
2.In case where a party or his representative receive s the documents by utilizing the information and 
communication networks, the contents written in a file for receipt saved on a computer system operated by the Korean Intellectual Property Office or the Patent Tribunal;  
3.In case where the documents are sent by a register ed mail, the receipt of the registered mail. 
(3) If an adjudication or trial decision, review, ruling on the establishment of ordinary license and 
revocation of patent right is to be delivered, it sh all be made by a special service method as prescribed 
by the Postal Service Act and the Enforcement Decree thereof. <Amended by Presidential Decree 
No. 14059, Dec. 31, 1993; Presidential Decree No . 15408, Jun. 26, 1997; Presidential Decree 
No. 16417, Jun. 30, 1999; Presidential Decree No. 19697, Sep. 28, 2006> 
(4) Except as otherwise provided for in the Act or  this Decree, a copy of the document concerned 
shall be delivered to the person to whom it is to be  served, and if a protocol is prepared in lieu of 
presentation of the document to be served, a copy or  abstract of such protocol shall be delivered. 
(5) Any delivery to a person falling under the text of Ar ticle 3 (1) of the Act shall be made to his legal 
representative. 
(6) If several persons jointly exerci se the attorneyship, it shall be suffi cient to serve it to one of them. 
<Amended by Presidential Decree No. 14059, Dec. 31, 1993> 
(7) Any delivery to a person in a prison or detention house, shall be made to the head of such prison 
or detention house. <Amended by Presidential Decree No. 14059, Dec. 31, 1993> 
(8) The place to be delivered shall be the domicil e or business office of the person to be delivered: 
Provided, That where a person intending to be de livered a document has made a report on the place 
where he/she want to receive it (limited to the dome stic place) in advance to the Commissioner of the 
Korean Intellectual Property Office or the Director  of Patent Tribunal, it shall be such place. 
<Amended by Presidential Decree No. 14059, De c. 31, 1993; Presidential Decree No. 18694, 
Jan. 31, 2005> 
(9) If the person who receives the serv ice, changes his place, he/she shall report it without delay to the 
Commissioner of the Korean Intellectual Property Office. <Newly Inserted by Presidential Decree 
No. 14059, Dec. 31, 1993> 
(10) If the person to be delivered refuses to receive  the delivery without any justifiable reason and it is 
thereby impossible to deliver, the service shall be  considered to have been made on the day of 
sending. 
(11) Sending, etc. of documents other than those to be delivered under the Act shall be made as 
prescribed by the Commissioner of the Korean Inte llectual Property Office. <Newly Inserted by 
Presidential Decree No. 14059, Dec. 31, 1993; Pr esidential Decree No. 20127, Jun. 28, 2007> 
Article 19 (Patent Gazette) (1) The Patent Gazette as prescribed in Article 221 of th e Act shall be classified into the patent gazette 
for the public notice of registration and the patent gazette for the disclosure of patent application. 
<Amended by Presidential Decree  No. 15408, Jun. 26, 1997> 
(2) The patent gazette for the public notice of regi stration shall contain the matters falling under each 
of the following subparagraphs: <Amended by Pr esidential Decree No. 16417, Jun. 30, 1999; IP/N/1/KOR/P/4 
Page 92  
  
Presidential Decree No. 17246, Jun. 27, 2001; Presidential Decree No. 17995, Jun. 13, 2003; 
Presidential Decree No. 19697, Sep. 28, 2006; Presidential Decree No. 21567, Jun. 26, 2009> 
1.The name and domicile of a patentee (in cases of a juristic person, its title and the location of its 
place of business); 
2.An application number, classification code and date of application; 
3.The name and domicile of an inventor; 
4.Patent number and its regist ration date of establishment; 
5.The publication date of registration;  6.Matters concerning priority claim; 7.Matters concerning converted appli cations or divisional applications; 
8.Specifications, drawings and abstracts attached to a patent application; 
9.The laying-open number of patent appl ication and its date of laying-open; 
10.Matters concerning ex officio ame ndments under Article 66-2 of the Act; 
11.The details of correction made pursuant to Article 133-2, 136 or 137 of the Act;  12.Other matters prescribed as necessary by the Co mmissioner of the Korean Intellectual Property 
Office. 
(3) The patent gazette for disclosure of patent  application shall contain the following matters: 
Provided, That matters deemed to disrupt public order or morality or harm public sanitation shall be 
excluded: <Amended by Presidential Decree No. 16417, Jun. 30, 1999; Presidential Decree 
No. 17246, Jun. 27, 2001; Presidential Decree No. 17995, Jun. 13, 2003; Presidential Decree 
No. 19697, Sep. 28, 2006> 
1.The name and domicile of a patentee (in cases of a juristic person, its title and the location of its 
place of business); 
2.An application number, classification code and date of application; 3.The name and domicile of an inventor; 4.The laying-open number of patent appl ication and its date of laying-open; 
5.Specifications, drawings and abstracts attached to a patent application; 
6.Matters concerning priority claim; 7.Matters concerning converted appli cations or divisional applications; 
8.The fact of requesting the examination of a pa tent application under Article 60 (2) of the Act: 
Provided, That if the fact is not published while laying open the application, the laying-open number 
of publication, classification code and the number of  such patent application as well as the fact of 
requesting such examination shall be published in th e next patent gazette for the disclosure of patent 
application; 
9.The intent to the effect that anyone may cl aim to the Commissioner of the Korean Intellectual 
Property Office against any patent application conc erned with information and proof substantiating 
his claim under Article 63-2 of the Act;  
10.Other matters concerning the publication of patent application. IP/N/1/KOR/P/4 
Page 93 
 
  
Article 20 (Imposition of Fines for Negligence) 
The guidelines for the imposition of fines for neg ligence under Article 232 (1) of the Act are as 
provided for in the Table annexed hereto: Provided,  That the Commissioner of the Korean Intellectual 
Property Office may abate or aggravate a fine for ne gligence within the extent of one half of the 
amount specified therein, taking into considerati on the degree, frequency, motive, and consequences 
of the relevant offense, and other relevant facts, but the aggravated amount of a fine for negligence 
may not exceed the maximum limit of the amount under Article 232 (1) of the Act. 
[This Article Wholly Amended by Preside ntial Decree No. 21053, Sep. 30, 2008] 
 ADDENDUM 
This Decree shall enter into force on September 1, 1990. 
 ADDENDUM <Presidential Decree No. 13744, Oct. 27, 1992> This Decree shall enter into force on November 1, 1992.  
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993> 
Article 1 (Enforcement Date) This Decree shall enter into for ce on the date of its promulgation. 
Articles 2 through 4 Omitted.  ADDENDA <Presidential Decree No. 14059, Dec. 31, 1993> 
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1994. 
(2) (Transitional Measures for Object of Prior Examin ation) With respect to another person's patent 
application for which the Government or local government and its contributed research institute 
requested the examination, before this Decree ente rs into force, the former provisions shall apply. 
(3) (Special Case concerning Request for Compensa tion) The amended provisions of Article 14 (1) 
shall also apply to any patent application classified into and treated as confidential, before this Decree 
enters into force. 
(4) Omitted.  ADDENDA <Presidential Decree No. 15009, Jun. 3, 1996> Article 1 (Enforcement Date) 
This Decree shall enter into force on July 1, 1996: Provided, That the amended provisions of 
subparagraph 2 of Article 7 shall en ter into force on December 7, 1996. 
Article 2 Omitted.  IP/N/1/KOR/P/4 
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ADDENDA <Presidential Decree No. 15408, Jun. 26, 1997> 
Article 1 (Enforcement Date) This Decree shall enter into force on July 1, 1997: Provided, That the revised provisions of 
Article 19 (3) 2 (e) through (j) shall enter into fo rce on February 1, 1998 and the amended provisions 
of Articles 4 (1) 2, 8, and 18 (1) and (2) shall enter into force on March 1, 1998. 
Article 2 (Transitional Measures on Calculation, etc.  of Period for Qualification of Administrative 
Patent Judge, etc.) 
(1) The term of office which any person h as served as a state public official of Grade Ⅳ or Ⅴ in the 
general service in the affairs of appellate trial at th e appellate trial tribunal and the term of completion 
which he/she has completed the training courses fo r a technical examiner and administrative patent 
judge as a state public official of Grade Ⅳ in the general service at the International Patent Training 
center before the amended provisions of Article 8 (2) en ters into force shall be considered the term of 
office which he/she has served as examiner as referred  to in subparagraph 1 of the same paragraph. 
(2) The term of office which any person has served as an administrative patent judge at the Korean 
Intellectual Property Office before the amended provisi ons of Article 8 (3) enters into force shall be 
considered the term of office which he/she has ser ved as referred to in subparagraph 1 of the same 
paragraph. 
(3) Any person qualified as an administrative patent  judge or appellate examiner pursuant to the 
previous provisions at the time the amended provisions  of Article 8 (2) and (3) enters into force shall 
be considered to be an administrative patent j udge or a presiding administrative patent judge under 
this Decree. 
Article 3 (Special Cases on Special Delivery of Adjudication, etc.) In applying previous provisions of Article 18 (3), th e term "trial" in the same paragraph of the same 
Article shall be construed as "trial, appellate tr ial and immediate appeal" until February 28, 1998. 
 ADDENDA <Presidential Decree No. 16417, Jun. 30, 1999> 
(1) (Enforcement Date) This Decree sha ll enter into force on July 1, 1999. 
(2) (Application Example) The amended provisions of  Article 9 shall apply to a patent application 
with a request for an accelerated examination on  or after this Decree enters into force. 
 ADDENDA <Presidential Decree No. 16725, Feb. 28, 2000> 
Article 1 (Enforcement Date)  
This Decree shall enter into for ce on the date of its promulgation. 
Articles 2 and 3 Omitted.  ADDENDA <Presidential Decree No. 16852, Jun. 23, 2000> (1) (Enforcement Date) This Decree sha ll enter into force on July 1, 2000. 
(2) (Applicability to Request for Accelerated Examination) The amended provisions of 
subparagraph 9 of Article 9 shall apply to a patent application with a request for an accelerated 
examination on or after this Decree enters into force. 
 IP/N/1/KOR/P/4 
Page 95 
 
  
ADDENDUM <Presidential Decree No. 17246, Jun. 27, 2001> 
This Decree shall enter into force on July 1, 2001.  ADDENDUM <Presidential Decree No. 17995, Jun. 13, 2003> This Decree shall enter into for ce on the date of its promulgation. 
 
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004> This Decree shall enter into for ce on the date of its promulgation. 
 ADDENDUM <Presidential Decree No. 18694, Jan. 31, 2005> 
This Decree shall enter into force on February 11, 2005. 
 ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006> Article 1 (Enforcement Date)  This Decree shall enter into force on July 1, 2006.  
Articles 2 through 4 Omitted. 
 ADDENDA <Presidential Decree No. 19697, Sep. 28, 2006> (1) (Enforcement Date) This Decree shall enter in to force on October 1, 2006: Provided, That the 
amended provisions of Articles 8 (2), and (3) 2, 18 (3) and 19 (2) 10 shall enter into force on 
July 1, 2007.  
(2) (Applicability to Accelerated Examination) The am ended provisions of Arti cle 9 shall apply to a 
patent application with a request for an accelerated  examination on or after this Decree enters into 
force. 
(3) (Transitional Measure concerning Qualificati on Requirements for Administrative Patent Judge) 
Anyone qualified as an administrative patent judge or a presiding administrative patent judge pursuant 
to the previous provisions at the time the amended pr ovisions of Article 8 (2) and (3) enters into force 
shall be deemed qualified as an administrative patent  judge or a presiding administrative patent judge, 
respectively, pursuant to this Decree. 
(4) (Transitional Matters concerning Publication of  Patent Gazette) The publication of the patent 
gazette concerning the patent application filed pursuan t to the previous provisions at the time of the 
enforcement of the amended provisions of Article 19  (2) 7 and (3) 7 and 9 shall be governed by the 
previous provisions. 
 ADDENDUM <Presidential Decree No. 20127, Jun. 28, 2007> This Decree shall enter into force on July 1, 2008.  IP/N/1/KOR/P/4 
Page 96  
  
ADDENDA <Presidential Decree No. 20137, Jun. 29, 2007> 
Article 1 (Enforcement Date)  This Decree shall enter into force on the date of its promulgation.  
Articles 2 through 5 Omitted.  
ADDENDA <Presidential Decree No. 20729, Feb. 29, 2008> 
Article 1 (Enforcement Date)  This Decree shall enter into force on the date of its promulgation.  
Articles 2 and 3 Omitted.  
ADDENDA <Presidential Decree No. 21053, Sep. 30, 2008> 
Article 1 (Enforcement Date)  This Decree shall enter into  force on October 1, 2008. 
Article 2 (Applicability to Cases Eligib le for Accelerated Examination)  
The amended provisions of Article 9 shall apply to  a patent application with a request for an 
accelerated examination on or after this Decree enters into force. 
 ADDENDA <Presidential Decree No. 21567, Jun. 26, 2009> Article 1 (Enforcement Date) This Decree shall enter into force on July 1, 2009: Provided, That the amended provisions of 
Article 8-3 shall enter into force on the date of its  promulgation, those of s ubparagraph 2 of Article 9 
on October 1, 2009, and those of Article 3 on January 1, 2010.  
Article 2 (Applicability to Matters Entered in Pate nt Specifications of Invention related to Micro-
Organism) 
The amended provisions of Article 3 shall apply to the patent application, divisional application, 
converted application, and application made by a lawf ul holder of the right after an application made 
by an unentitled person, on or after the date the amended provisions of Artic le 3 under the proviso to 
Article 1 of the Addenda enter into force. 
Article 3 (Transitional Measures) Notwithstanding the amended provisions of Article 4 (1 ) 2, the previous provisions shall apply to any 
patent application made before this Decree enters into force. 
 
ADDENDUM <Presidential Decree No. 21917, Dec. 30, 2009> 
This Decree shall enter into for ce on the date of its promulgation. 
__________