PATENT ATTORNEY ACT

Article 1(Purpose) #

The purpose of this Act is to contribute to the protection of rights and interests of inventors and the development of industrial property right systems and industries by establishing a patent attorney system.

[This Article Wholly Amended on May 24, 2011]

Article 1-2 #

Deleted. <Feb. 8, 1999>

Article 2(Work) #

A patent attorney shall act, as an agent, in matters to be submitted to the Ministry of Intellectual Property or courts concerning a patent, utility model, design, or trademark, appraise such matters and perform other related work. <Amended on Oct. 1, 2025>

[This Article Wholly Amended on May 24, 2011]

Article 3(Qualification) #

The following persons who have completed on-the-job training prescribed by Presidential Decree are qualified as a patent attorney: <Amended on Jan. 27, 2016>

1. A person who passes a patent attorney examination;

2. A person qualified as an attorney-at-law under the Attorney-at-Law Act.

[This Article Wholly Amended on May 24, 2011]

Article 4(Grounds for disqualification) #

The following persons shall be disqualified as a patent attorney: <Amended on Jul. 30, 2013; Jan. 27, 2016>

1. A person in whose case three years have not elapsed since his or her imprisonment without prison labor or heavier sentenced by a court was completely executed (including where the execution thereof is deemed completely executed) or exempted;

2. A person subject to suspended execution of his or her imprisonment without prison labor or heavier sentenced by a court;

3. A minor, person under limited guardianship, or person under adult guardianship;

4. A person declared bankrupt, and yet to be reinstated;

5. Any of the following persons:

a. A person who has been removed or dismissed by an impeachment or disciplinary action;

b. A person for whom two years have not passed since his or her disposition of demotion or suspension from office was given;

c. A person for whom two years have not passed since his or her registration was revoked by disciplinary action under this Act;

d. A person in whose case two years have not passed since he or she was disbarred from the Bar Association under the Attorney-at-Law Act.

[This Article Wholly Amended on May 24, 2011]

Article 4-2(Patent attorney examinations) #

(1) A patent attorney examination shall be administered by the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

(2) A patent attorney examination shall consist of preliminary and secondary examinations.

(3) If a person (excluding minors among those specified in subparagraph 3 of Article 4) becomes disqualified as provided for in Article 4 as at the applicants passing a patent attorney examination are announced, the person shall be ineligible to take the patent attorney examination. <Added on Jul. 30, 2013>

(4) A person who intends to apply for a patent attorney examination shall pay fees prescribed by Presidential Decree, which shall not exceed actual expenses. Matters necessary for the payment and refund of fees in such cases shall be prescribed by Presidential Decree. <Added on Jul. 30, 2013>

(5) Subjects of a patent attorney examination and other matters concerning examinations shall be prescribed by Presidential Decree. <Amended on Jul. 30, 2013>

[This Article Wholly Amended on May 24, 2011]

Article 4-3(Partial exemption from examination) #

(1) A person who has served as a public official, ranking at least Grade VII with the assignment of intellectual property administrative work for at least ten years in the Ministry of Intellectual Property shall be exempt from a preliminary examination. <Amended on Oct. 1, 2025>

(2) A person who has served as a public official, ranking at least Grade V, or a public official in general service in the Senior Executive Service with the assignment of intellectual property administrative work for at least five years in the Ministry of Intellectual Property shall be exempted from all subjects of a preliminary examination, and from some subjects of a secondary examination, and some subjects thus to be exempted shall be prescribed by Presidential Decree. <Amended on Oct. 1, 2025>

(3) A successful applicant in a preliminary examination may be exempted from the next preliminary examination on only one occasion.

(4) Paragraphs (1) and (2) shall not apply to persons subject to any disciplinary action corresponding to demotion or suspension from office due to receipt of money, valuables, or entertainment. <Amended on Jan. 3, 2023>

[This Article Wholly Amended on May 24, 2011]

Article 4-4 #

Deleted. <Jul. 30, 2013>

Article 4-5(Sanction for cheating in examination) #

The Minister of Intellectual Property shall take a disposition to suspend or nullify the results of an examination which any of the following persons has taken, and place restrictions on his or her eligibility to take another examination for three years from the date such disposition has been taken: <Amended on Oct. 1, 2025>

1. A person who engages in cheating behavior during an examination;

2. A person who falsifies any document evidencing his or her eligibility for examination.

[This Article Wholly Amended on May 24, 2011]

Article 5(Registration) #

(1) When a qualified patent attorney intends to commence as a patent attorney, he or she shall file for registration with the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

(2) Deleted. <Jan. 27, 2016>

(3) Matters necessary for filing for registration as a patent attorney and other matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 5-2(Refusal of registration) #

(1) If a person who has filed for registration as a patent attorney pursuant to Article 5(1) falls under any subparagraph of Article 4, the Minister of Intellectual Property shall refuse his or her registration: <Amended on Jan. 27, 2016; Oct. 1, 2025>

1. Deleted; <Jan. 27, 2016>

2. Deleted. <Jan. 27, 2016>

(2) The Minister of Intellectual Property may refuse to accept the registration of a person as a patent attorney, if the person has been criminally prosecuted or punished by disciplinary measure while in service as a public official or has been severed from employment on the ground of an offense perpetrated in connection with his or her duties as a public official and is found evidently incompetent to provide services as a patent attorney. <Amended on Jul. 30, 2013; Oct. 1, 2025>

(3) When the Minister of Intellectual Property refuses registration in accordance with paragraph (1) or (2), he or she shall notify, without delay, the applicant thereof by specifying the grounds therefor. <Amended on Oct. 1, 2025>

[This Article Wholly Amended on May 24, 2011]

Article 5-3(Revocation of registration) #

If any of the following applies to a patent attorney, the Minister of Intellectual Property shall revoke his or her registration: <Amended on Oct. 1, 2025>

1. When he or she falls under any subparagraph of Article 4;

2. Where he or she submits a request for revocation of his or her registration;

3. Where he or she files a report on business closure under Article 6-2(2);

4. Where he or she dies.

[This Article Wholly Amended on May 24, 2011]

Article 6(Registration fees) #

A person who files for registration as a patent attorney shall pay a registration fee prescribed by Prime Ministerial Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on May 24, 2011]

Article 6-2(Establishment of offices) #

(1) A patent attorney who intends to establish an office to provide patent services may establish only one office.

(2) A patent attorney who opens, suspends, or closes his or her business or establishes, relocates, or closes his or her office shall file a report thereon to the Minister of Intellectual Property without delay. <Amended on Oct. 1, 2025>

(3) A patent attorney may establish a joint office comprised of at least two patent attorneys to efficiently perform their duties and enhance public confidence. <Added on Jan. 3, 2023>

(4) A person who intends to establish a joint office under paragraph (3) shall file a report thereon with the Minister of Intellectual Property. <Added on Jan. 3, 2023; Oct. 1, 2025>

(5) Matters necessary for filing a report on the establishment of a joint office under paragraph (4) shall be prescribed by Presidential Decree. <Added on Jan. 3, 2023>

[This Article Wholly Amended on May 24, 2011]

Article 6-3(Incorporation of patent firms) #

(1) Patent attorneys may incorporate a patent firm comprised of at least three patent attorneys, to provide services in a systematic and professional manner, as prescribed by Presidential Decree. <Amended on Jul. 30, 2013; Jan. 27, 2016>

(2) Patent attorneys who intend to incorporate a patent firm and serve as partners of the patent firm shall prepare the articles of incorporation and obtain authorization therefor from the Minister of Intellectual Property, as prescribed by Presidential Decree. The same procedure shall also apply to any amendment to the articles of incorporation. <Amended on Jul. 30, 2013; Oct. 1, 2025>

(3) The Minister of Intellectual Property shall notify the applicant for authorization to incorporate or to amend the articles of incorporation of whether such authorization is granted within 10 days from the date on which application under paragraph (2) is filed. <Added on Mar. 21, 2017; Oct. 1, 2025>

(4) Where the Minister of Intellectual Property fails to notify the applicant, within the period prescribed by paragraph (3), of whether authorization is granted or of the fact that treatment period under statutes or regulations related to civil petition treatment is extended, the authorization shall be deemed granted on the day after such period ends. <Added on Mar. 21, 2017; Oct. 1, 2025>

(5) The articles of incorporation shall include the following: <Amended on Jul. 30, 2013; Mar. 21, 2017>

1. Objectives and the name of the patent firm, and the location of its principal place of business and branch offices;

2. Names, resident registration numbers, and domiciles of partners;

3. Matters relating to meetings of partners;

4. Matters relating to the representative of the patent firm;

5. Matters concerning assets and accounting;

6. Term of existence or grounds for dissolution, if such term or grounds are prescribed.

(6) A patent firm shall be registered, as prescribed by Presidential Decree. <Amended on Jul. 30, 2013; Mar. 21, 2017>

(7) A patent firm shall be duly formed when its incorporation is registered at the seat of its principal place of business. <Amended on Jul. 30, 2013; Mar. 21, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 6-4(Partners of patent firms) #

(1) In any of the following cases, a partner of a patent firm shall be automatically removed from the patent firm: <Amended on Jul. 30, 2013>

1. When he or she falls under any subparagraph of Article 4;

2. When he or she is punished by a disposition to suspend his or her performance of work or to suspend his or her qualification as a patent attorney under Article 17 of this Act or Article 90 of the Attorney-at-Law Act;

3. When a relevant event specified by the articles of incorporation occurs.

(2) A patent firm may employ patent attorneys (hereinafter referred to as "associate patent attorneys"), other than partners, and shall, without delay, file a report to the Minister of Intellectual Property whenever it employs or replaces an associate patent attorney. <Amended on Jul. 30, 2013; Oct. 1, 2025>

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Jul. 30, 2013]

Article 6-5(Offices of patent firms) #

(1) A patent firm may have branch offices, and at least one partner shall work full time in each branch office. <Amended on Jul. 30, 2013>

(2) No partner nor an associate patent attorney of a patent firm shall have any other office in addition to the office of the patent firm to which he or she belongs, nor work for any other patent firm or limited liability patent firm as a partner or an associate patent attorney. <Amended on Jul. 30, 2013>

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Jul. 30, 2013]

Article 6-6(Business practices of patent firms) #

(1) A patent firm shall conduct its business affairs in the name of the patent firm and shall designate a patent attorney to take charge of each case; provided, when a patent firm designates an associate patent attorney to take charge of a case, it shall also designate a partner to take charge of the case jointly with the associate patent attorney. <Amended on Jul. 30, 2013>

(2) A partner and an associate patent attorney designated under paragraph (1) shall represent his or her patent firm, respectively, regarding the specific case. <Amended on Jul. 30, 2013>

(3) A patent firm shall note the name of the patent firm in documents prepared regarding each case, and the partner and associate patent attorney in charge of the case shall note their names and affix their signatures thereon. <Amended on Jul. 30, 2013>

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Jul. 30, 2013]

Article 6-7(Restrictions on business activities of partners of patent firms) #

(1) No partner nor associate patent attorney of a patent firm may engage in any business activity that constitutes the business activities of the patent firm, for his or her or any third party's interest. <Amended on Jul. 30, 2013>

(2) No former partner nor associate patent attorney of a patent firm shall provide services for a case the patent firm has accepted, or agreed to accept while such partner or associate patent attorney worked for the patent firm; provided, the foregoing shall not apply where the patent firm consents thereto. <Amended on Jul. 30, 2013>

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Jul. 30, 2013]

Article 6-8(Revocation of authorization for incorporation of patent firms) #

(1) The Minister of Intellectual Property may revoke authorization for the incorporation of a patent firm in any of the following cases; provided, he or she shall revoke such authorization in cases falling under subparagraph 1 or 2: <Amended on Jul. 30, 2013; Jan. 3, 2023; Oct. 1, 2025>

1. If the patent firm obtains authorization under Article 6-3 by fraud or other improper means;

2. If the patent firm fails to fill the prescribed number of partner positions under Article 6-3(1) within three months from the date the number of its partners falls short of the prescribed number;

3. If the patent firm violates any provision of Articles 6-4(2),6-5,6-6, and 11 or any provision of Articles 6-2(2),7,7-2,7-3, and 8-2 through 8-4 which shall apply mutatis mutandis pursuant to Article 6-11.

(2) If the Minister of Intellectual Propertyintends to revoke authorization for incorporation of a patent firm under paragraph (1), he or she shall hold a hearing thereon. <Amended on Jul. 30, 2013; Oct. 1, 2025>

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Jul. 30, 2013]

Article 6-9(Dissolution of patent firms) #

(1) In any of the following cases, a patent firm shall be dissolved: <Amended on Jul. 30, 2013>

1. Where a relevant event specified in the articles of incorporation as a ground for dissolution occurs;

2. Where all partners of the patent firm consent to dissolution;

3. Merger;

4. Bankruptcy;

5. Revocation of authorization for incorporation.

(2) When a patent firm is dissolved, the liquidator shall report, without delay, thereon to the Minister of Intellectual Property. <Amended on Jul. 30, 2013; Oct. 1, 2025>

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Jul. 30, 2013]

Article 6-10(Conversion of patent firms into limited liability patent firms) #

(1) A patent firm that meets the requirements for incorporation of a limited liability patent firm may convert into a limited liability patent firm with its partners' unanimous consent, upon obtaining authorization from the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

(2) When a patent firm obtains authorization for incorporation of a limited liability patent firm under paragraph (1), it shall file for registration of dissolution of the patent firm and the registration for incorporation of the limited liability patent firm at the seat of its principal place of business within two weeks.

(3) If the net assets currently held by a patent firm as at the time of conversion under paragraph (1) are below the equity capital of the newly incorporated limited liability patent firm, the difference shall be paid in jointly by the partners who consent to such conversion under paragraph (1).

(4) Partners of the former patent firm, among partners of a limited liability patent firm incorporated under paragraph (1), shall be liable for debts of the patent firm incurred before the registrations under paragraph (2) are completed, for two years after the registrations as partners of the patent firm.

[This Article Added on Jul. 30, 2013]

[Previous Article 6-10 moved to Article 6-11 <Jul. 30, 2013>]

Article 6-11(Provisions applicable mutatis mutandis to patent firms) #

(1) Articles 6-2(2),7,7-2,7-3,8,8-2 through 8-4,15-2, and 17 (excluding Article 17(2)4) shall apply mutatis mutandis to patent firms. <Amended on Jul. 30, 2013; Jan. 3, 2023>

(2) The provisions concerning unlimited partnership companies in the Commercial Act shall apply mutatis mutandis to patent firms, except as provided in this Act. <Amended on Jul. 30, 2013>

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Jul. 30, 2013]

[Moved from Article 6-10 <Jul. 30, 2013>]

Article 6-12(Incorporation of limited liability patent firms) #

(1) Patent attorneys may incorporate a limited liability patent firm comprised of at least five patent attorneys, to provide services in a systematic and professional manner, as prescribed by Presidential Decree.

(2) Patent attorneys who intend to incorporate a limited liability patent firm and serve as partners of the patent firm shall prepare the articles of incorporation and obtain authorization therefor from the Minister of Intellectual Property, as prescribed by Presidential Decree. The same shall also apply to any amendment to the articles of incorporation. <Amended on Oct. 1, 2025>

(3) The Minister of Intellectual Property shall notify the applicant for authorization to incorporate or to amend the articles of incorporation of whether such authorization is granted within 10 days from the date on which application under paragraph (2) is filed. <Added on Mar. 21, 2017; Oct. 1, 2025>

(4) Where the Minister of Intellectual Property fails to notify the applicant, within the period prescribed by paragraph (3), of whether authorization is granted or of the fact that treatment period under statutes or regulations related to civil petition treatment is extended, the authorization shall be deemed granted on the day after such period ends. <Added on Mar. 21, 2017; Oct. 1, 2025>

(5) The articles of incorporation shall include the following: <Amended on Mar. 21, 2017>

1. Objectives and the name of the limited liability patent firm, and the location of its principal place of business and branch offices;

2. Names, resident registration numbers, and domiciles of partners and directors;

3. Each partner's shares in equity capital and total shareholders' equity;

4. Matters relating to meetings of partners;

5. Matters relating to the representative of the limited liability patent firm;

6. Matters relating to assets and accounting;

7. Term of existence or grounds for dissolution, if such term or grounds are prescribed.

(6) A limited liability patent firm shall be registered, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>

(7) A limited liability patent firm shall be duly formed when its incorporation is registered at the seat of its principal place of business. <Amended on Mar. 21, 2017>

Article 6-13(Partners of limited liability patent firms) #

(1) In any of the following cases, a partner of a limited liability patent firm shall be automatically removed from the patent firm:

1. When he or she falls under any subparagraph of Article 4;

2. When he or she is punished by a disposition to suspend his or her performance of work or to suspend his or her qualification as a patent attorney under Article 17 of this Act or Article 90 of the Attorney-at-Law Act;

3. When a relevant event specified by the articles of incorporation occurs.

(2) A limited liability patent firm may employ patent attorneys, other than partners, and shall, without delay, file a report to the Minister of Intellectual Property whenever it employs or replaces an associate patent attorney. <Amended on Oct. 1, 2025>

(3) A limited liability patent firm shall have at least three directors. None of the following shall serve as director:

1. A person who is not a partner;

2. A former director of a limited liability patent firm, the authorization for incorporation of which was revoked (limited to directors as at the time a ground for revocation occurred), if three years have not passed since such revocation.

[This Article Added on Jul. 30, 2013]

Article 6-14(Offices of limited liability patent firms) #

(1) A limited liability patent firm may have branch offices, and at least one director shall work full time in each branch office.

(2) No partner nor associate patent attorney of a limited liability patent firm shall have any other office in addition to the office of the limited liability patent firm to which he or she belongs, nor work for any other patent firm or limited liability patent firm as a partner or an associate patent attorney.

[This Article Added on Jul. 30, 2013]

Article 6-15(Business practices of patent firms limited liability) #

(1) A limited liability patent firm shall conduct its business affairs in the name of the limited liability patent firm and shall designate a patent attorney to take charge of each case; provided, when it designates a non-director partner or an associate patent attorney to take charge of a case, it shall also designate a director to take charge of the case jointly with the non-director partner or associate patent attorney.

(2) A director, non-director partner, and an associate patent attorney designated under paragraph (1) shall represent his or her limited liability patent firm, respectively, regarding the specific case.

(3) A limited liability patent firm shall note the name of the limited liability patent firm in documents prepared by it regarding each case, and the partner and associate patent attorney in charge of the case shall note their names and affix their signatures thereon.

[This Article Added on Jul. 30, 2013]

Article 6-16(Equity capital of limited liability patent firms) #

(1) The equity capital of a limited liability patent firm shall be at least 300 million won.

(2) The par value of each share in equity capital shall be 10,000 won.

(3) The number of shares held by each partner shall be at least 1,000 shares.

(4) If the amount calculated by subtracting total liabilities from total assets on the financial statement of a limited liability patent firm at the end of the immediately preceding business year is below 300 million won, the limited liability patent firm shall increase its equity capital or replenish the shortfall with contributions from partners within six months after the end of each business year.

(5) Contributions received under paragraph (4) shall be treated as non-operating income;

(6) If a limited liability patent firm fails to increase its equity capital or replenish a shortfall under paragraph (4), the Minister of Intellectual Property may order it to do so within a period determined by him or her. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 30, 2013]

Article 6-17(Restrictions on investment of limited liability patent firm in other corporations) #

(1) No limited liability patent firm shall invest in any other corporation, or provide a debt guarantee for any other person, in excess of the amount calculated by multiplying its equity capital by the rate prescribed by Presidential Decree, which shall not exceed 50/100.

(2) "Equity capital" in paragraph (1) means an amount calculated by subtracting total liabilities (excluding the professional liability reserve under Article 6-18) from total assets on the financial statement at the end of the immediately preceding business year. "Equity capital" means the paid-in capital as at the time of incorporation, if a limited liability patent firm is newly incorporated and does not have the financial statement at the end of the immediately preceding business year.

[This Article Added on Jul. 30, 2013]

Article 6-18(Professional indemnity reserve of limited liability patent firms) #

(1) Every limited liability patent firm shall accumulate a professional indemnity reserve each business year or subscribe to an indemnity insurance policy, as prescribed by Presidential Decree, to be covered for its liability for any injury or loss inflicted upon a client in the course of providing patent services.

(2) No professional indemnity reserve nor contract on an indemnity insurance policy under paragraph (1) shall be used for any purpose, other than for the payment of damages, nor be cancelled or terminated without approval from the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 30, 2013]

Article 6-19(Revocation of authorization for incorporation of limited liability patent firms) #

(1) The Minister of Intellectual Property may revoke authorization for the incorporation of a limited liability patent firm in any of the following cases; provided, he or she shall revoke such authorization in cases falling under any of subparagraphs 1 through 4: <Amended on Jan. 3, 2023; Oct. 1, 2025>

1. If the limited liability patent firm obtains authorization under Article 6-12 by fraud or other improper means;

2. If the limited liability patent firm fails to fill the prescribed number of partner or director positions under Article 6-12(1) or 6-13 (3) within three months from the date the number of its partners or directors falls short of the prescribed number;

3. If any director falls under any subparagraph of Article 6-13(3); provided, this shall not apply where such director is replaced within three months from the date the relevant event occurs;

4. If the limited liability patent firm fails to satisfy any of the requirements under Article 6-16(1) within three months from the date it ceases to meet the requirements;

5. If the limited liability patent firm violates any provision of Articles 6-13(2),6-14,6-15,6-16(6),6-17(1),6-18, and 11 or any provision of Articles 6-2(2),7,7-2,7-3, and 8-2 through 8-4 which shall apply mutatis mutandis pursuant to Article 6-22.

(2) If the Minister of Intellectual Property intends to revoke authorization for incorporation of a limited liability patent firm under paragraph (1), he or she shall hold a hearing thereon. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 30, 2013]

Article 6-20(Dissolution of limited liability patent firms) #

(1) In any of the following cases, a limited liability patent firm shall be dissolved:

1. Where a relevant event specified in the articles of incorporation as a ground for dissolution occurs;

2. Where a majority of partners and at least 3/4 of voting shares of all partners consent to dissolution;

3. Merger;

4. Bankruptcy;

5. Revocation of authorization for incorporation.

(2) When a limited liability patent firm is dissolved, the liquidator shall report, without delay, thereon to the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 30, 2013]

Article 6-21(Accounting of limited liability patent firms) #

(1) Except as provided in this Act, a limited liability patent firm shall manage its accounts in accordance with the accounting standards under Article 13 of the Act on External Audit of Stock Companies. <Amended on Oct. 31, 2017>

(2) A limited liability patent firm shall prepare financial statements in accordance with the accounting standards referred to in paragraph (1) and submit them to the Minister of Intellectual Property within three months after the close of each business year. <Amended on Oct. 1, 2025>

(3) If the Minister of Intellectual Property deems it necessary, he or she may verify whether financial statements submitted under paragraph (2) are accurate. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 30, 2013]

Article 6-22(Provisions applicable mutatis mutandis to limited liability patent firms) #

(1) Articles 6-2(2),6-7,7,7-2,7-3,8,8-2 through 8-4,15-2, and 17 (excluding Article 17(2)4) shall apply mutatis mutandis to limited liability patent firms. <Amended on Jan. 3, 2023>

(2) The provisions concerning limited liability companies in the Commercial Act shall apply mutatis mutandis to limited liability patent firms, except as provided in this Act.

[This Article Added on Jul. 30, 2013]

Article 7(Cases not to be accepted) #

No patent attorney shall accept any case which he or she has previously accepted as an agent of the other party of the case.

[This Article Wholly Amended on May 24, 2011]

Article 7-2(Prohibition on affiliation with non-patent attorney) #

No patent attorney or clerk (referring to a clerk under Article 8-4; hereafter in Article 7-3, the same shall apply) shall not accept any request or brokerage concerning patents, utility models, designs, or trademarks from those who have violated Article 5, 21, or 22, nor allow them to use his or her name. <Amended on Jan. 3, 2023>

[This Article Wholly Amended on May 24, 2011]

Article 7-3(Restrictions on introduction of or recommendation for patent services) #

(1) No person shall engage in any of the following acts with regard to the acceptance of patent services prescribed in Article 2:

1. Introducing, recommending, or enticing a party or other relevant persons to a specific patent attorney or his or her clerk after receiving or promising to receive beforehand money, valuables, entertainment, or other benefits;

2. Receiving or demanding money, valuables, entertainment, or other benefits in return for introducing, recommending, or enticing a party or other relevant persons to a specific patent attorney or his or her clerk.

(2) No patent attorney or his or her clerk shall provide or promise to provide money, valuables, entertainment, or other benefits in return for introduction, recommendation, or enticement with regard to patent services.

(3) No person other than a patent attorney shall share remuneration or other benefits earned through services that can only be provided by patent attorneys.

[This Article Added on Jan. 3, 2023]

Article 8(Qualification to become litigation representative) #

A patent attorney may become a litigation representative in connection with matters pertaining to patents, utility models, designs or trademarks.

[This Article Wholly Amended on May 24, 2011]

Article 8-2(Obligations to maintain dignity, conscientiousness and fairness) #

A patent attorney shall not lose his or her dignity, and shall render his or her patent services conscientiously and fairly in accordance with statutes or regulations.

[This Article Wholly Amended on May 24, 2011]

Article 8-3(Prohibition against lending name) #

(1) No patent attorney shall permit any third party to provide patent services under his or her name or trade name, and lend his or her qualification certificate or registration certificate to any third party.

(2) No person shall borrow a patent attorney qualification certificate or registration certificate, and help any third person to obtain such certificate. <Added on Dec. 22, 2020>

(3) No patent attorney shall receive any interest from his or her counterpart, ask his or her counterpart for such interest, nor promise any interest in respect of a case that he or she has accepted. <Amended on Dec. 22, 2020>

(4) No patent attorney shall acquire any right in a dispute. <Amended on Dec. 22, 2020>

[This Article Wholly Amended on May 24, 2011]

Article 8-4(Clerks) #

A patent attorney may have clerks and shall be responsible to guide and supervise them.

[This Article Wholly Amended on May 24, 2011]

Article 8-5(Advertising) #

(1) Patent attorneys, patent firms, or limited liability patent firms (hereafter in this Article referred to as "patent attorneys, etc.") may advertise their or their members' educational backgrounds, careers, main services offered, performance records, and other matters necessary for publicizing their services through media such as newspapers, magazines, broadcasts, and computer communications.

(2) Patent attorneys, etc. shall not run any of the following advertisements:

1. An advertisement that contains any false information regarding services provided by patent attorneys;

2. An advertisement that contains any qualifications or names with no legal basis;

3. An advertisement that misleads consumers or causes them to have misunderstanding by exaggerating objective facts or omitting part of facts;

4. An advertisement that leads consumers to have unreasonable expectations of the outcome of performing services;

5. An advertisement that defames other patent attorneys, etc. or compares themselves with other patent attorneys, etc. from their own perspectives;

6. An advertisement that is likely to undermine the dignity of patent attorneys by suggesting wrongful methods or using other means;

7. Other advertisements the methods or details of which are likely to compromise the public nature of patent attorneys or fair practices for undertaking cases or to cause any damage to consumers.

(3) An advertisement examination committee shall be established in the Korea Patent Attorneys Association under Article 9 to examine advertisements of patent attorneys, etc.

(4) The operation of the advertisement examination committee and other matters necessary for advertisements shall be determined by the Korea Patent Attorneys Association under Article 9.

[This Article Added on Jan. 3, 2023]

Article 9(Establishment of Korea Patent Attorneys Association) #

(1) The Korea Patent Attorneys Association (hereinafter referred to as the "Patent Attorneys Association") shall be established to promote the development of the industrial property rights system, enhance the dignity of patent attorneys, and improve business practices.

(2) The Patent Attorneys Association shall be a corporation.

(3) The provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to the Patent Attorneys Association, except as provided in this Act.

(4) The Patent Attorneys Association may have chapters or branches upon obtaining approval from the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

(5) The organization of the Patent Attorneys Association, and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 24, 2011]

Article 10(Rules of Patent Attorneys Association) #

(1) The Patent Attorneys Association shall prescribe its rules and obtain authorization thereof from the Minister of Intellectual Property. The same shall apply to any amendment to such rules. <Amended on Oct. 1, 2025>

(2) Rules referred to in paragraph (1) shall include the following:

1. Matters regarding executive officers and members;

2. Matters regarding meetings;

3. Matters regarding amendments to rules;

4. Other matters necessary for handling the affairs of the Patent Attorneys Association.

[This Article Wholly Amended on May 24, 2011]

Article 11(Obligatory membership in Patent Attorneys Association) #

Each patent attorney registered under Article 5(1) and each patent firm or limited liability patent firm incorporated under Article 6-3(1) or 6-12(1) shall join the Patent Attorneys Association. <Amended on Jul. 30, 2013>

[This Article Wholly Amended on May 24, 2011]

Article 12(Code of ethics) #

(1) The Patent Attorneys Association shall establish a code of professional ethics its members shall comply with such code in providing patent services. <Amended on Jul. 30, 2013>

(2) Members shall comply with the code of professional ethics prescribed under paragraph (1).

[This Article Wholly Amended on May 24, 2011]

Article 13(Supervision over Patent Attorneys Association) #

(1) The Minister of Intellectual Property shall supervise the Patent Attorneys Association. <Amended on Oct. 1, 2025>

(2) When deemed necessary, the Minister of Intellectual Property may require the Patent Attorneys Association to submit a report, or order a subordinate public official to inspect the records of business operations of the Patent Attorneys Association and other necessary documents. <Amended on Oct. 1, 2025>

(3) When the Minister of Intellectual Property intends to conduct an inspection under paragraph (2), he or she shall notify the relevant person of the inspection plan which includes the date and time, reason, contents, etc. of the inspection by not later than seven days before such inspection; provided, the same shall not apply in an emergency or where the giving of prior notice might compromise the objectives of such inspection due to preemptive destruction of evidence, etc. <Amended on Oct. 1, 2025>

(4) A public official who conducts an inspection under paragraph (2) shall carry a certificate indicating his or her authority, present it to relevant persons, and deliver a document stating a visitor's name, time for visit, objective of visit, etc. to relevant persons.

[This Article Wholly Amended on May 24, 2011]

Article 14(Disclosure of information) #

(1) The Patent Attorneys Association shall disclose necessary information, such as the field of practice, qualification information, etc. of patent attorneys registered under Article 5(1), in order to ensure the convenience of clients in selecting a patent attorney.

(2) Patent attorneys registered under Article 5(1) shall provide information required to be disclosed under paragraph (1) to the Patent Attorneys Association. In such case, no patent attorney shall falsify any such information.

(3) When it is necessary to disclose information pursuant to paragraph (1), the Minister of Intellectual Property may provide information concerning registered patent attorneys to the Patent Attorneys Association. <Amended on Oct. 1, 2025>

(4) The scope and methods of disclosure of information under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.

[This Article Added on May 24, 2011]

Article 15(Training for patent attorneys) #

(1) Patent attorneys registered under Article 5(1) shall complete training provided by the Patent Attorneys Association to enhance expertise and awareness of ethics, for at least the number of hours prescribed by Presidential Decree; provided, this shall not apply in any case prescribed by Presidential Decree, if a patent attorney cannot undergo training due to a disease, suspension of business, etc.

(2) The Patent Attorneys Association shall establish training rules concerning the methods and procedures for training and other necessary matters, and obtain approval therefor from the Minister of Intellectual Property. <Amended on Oct. 1, 2025>

(3) In order to efficiently provide training, the Patent Attorneys Association may commission training to a specialized training institution or organization.

(4) When necessary for training under paragraph (1), the Minister of Intellectual Property may provide information concerning registration of patent attorneys to the Patent Attorneys Association. <Amended on Oct. 1, 2025>

[This Article Added on May 24, 2011]

Article 15-2(Public interest activities) #

(1) A patent attorney shall engage in public interest activities for at least a specific number of hours each year.

(2) Matters necessary for the scope of public interest activities and the methods of performing such activities shall be determined by the Korea Patent Attorneys Association.

[This Article Added on Jan. 3, 2023]

Article 16(Patent Attorney Qualification and Disciplinary Committee) #

(1) A Patent Attorney Qualification and Disciplinary Committee (hereinafter referred to as the "Committee") shall be established under the Ministry of Intellectual Property to deliberate or pass a resolution on the following: <Amended on Oct. 1, 2025>

1. Matters concerning patent attorney examinations, including subjects of patent attorney examinations;

2. Determination of the number of patent attorneys to be selected through patent attorney examinations;

3. Prerequisites for partial exemption from patent attorney examinations;

4. Matters concerning disciplinary measures against patent attorneys;

5. Other important matters related to qualifications for patent attorneys and disciplinary measures against patent attorneys.

(2) The Committee shall be comprised of nine members, including one chairperson.

(3) The Vice Minister of Intellectual Property shall serve as the chairperson of the Committee, and its members shall be appointed or commissioned by the Minister of Intellectual Property from among the following persons: <Amended on Oct. 1, 2025>

1. Public officials of the Ministry of Intellectual Property;

2. Patent attorneys;

3. Professors;

4. Persons with abundant knowledge and experience in the intellectual property system.

(4) The Committee shall adopt a resolution in the following relevant manners:

1. A disciplinary measure referred to in Article 17(2)1 or 2: An affirmative vote of a majority of all incumbent members of the Committee;

2. A disciplinary measure referred to in Article 17(2)3 or 4: An affirmative vote of at least 2/3 of all incumbent members of the Committee;

3. Any matter other than those specified in subparagraph 1 or 2: The attendance of a majority of all incumbent members of the Committee and an affirmative vote of a majority of the members present at the meeting.

(5) A member of the Committee who is not a public official shall be deemed a public official when provisions of Articles 127 through 129 and Article 132 of the Criminal Act apply. <Added on Nov. 28, 2017>

Article 17(Disciplinary actions) #

(1) If a patent attorney violates this Act or an order issued under this Act, the Minister of Intellectual Property may take disciplinary action against the patent attorney, subject to resolution thereon by the Committee. <Amended on Oct. 1, 2025>

(2) Disciplinary actions against patent attorneys shall be classified as follows:

1. Reprimand;

2. Imposition of an administrative fine not exceeding five million won;

3. Full or partial suspension of business operations for a period not exceeding two years;

4. Revocation of registration.

(3) If the Patent Attorneys Association finds a ground to take disciplinary action against a patent attorney under paragraph (1), it may request the Minister of Intellectual Property to take the disciplinary action against the patent attorney, along with evidentiary documents. <Amended on Oct. 1, 2025>

(4) No disciplinary action referred to in paragraph (1) shall be taken after the lapse of three years from the date the relevant ground for such disciplinary action arises.

[This Article Wholly Amended on Jul. 30, 2013]

Article 17-2(Effect of disciplinary actions against attorneys-at-law) #

If an attorney-at-law licensed under the Attorney-at-Law Act and registered as a patent attorney is subject to disciplinary action under subparagraph 3 of Article 90 of the aforesaid Act, or an order suspending business operations under Article 102 of the aforesaid Act, the attorney-at-law shall not continue providing his or her services as a patent attorney during the relevant period.

[This Article Added on Jul. 30, 2013]

Article 18(Dispositions suspending qualifications) #

(1) If the registration of a patent attorney against whom the Committee is requested to take disciplinary action has been already revoked under subparagraph 2 or 3 of Article 5-3, the Minister of Intellectual Property may issue an order suspending his or her qualification for up to five years, subject to resolution thereon by the Committee. <Amended on Jul. 30, 2013; Oct. 1, 2025>

(2) No disposition to suspend a qualification under subparagraph (1) shall be taken after the lapse of three years from the date the relevant ground for such disposition arises. <Amended on Jul. 30, 2013>

[This Article Wholly Amended on May 24, 2011]

Article 19 #

Deleted. <Feb. 8, 1999>

Article 20 #

Deleted. <Jul. 30, 2013>

Article 21(Prohibition against provision of patent services by non-patent attorney) #

No person, other than a patent attorney, shall act as an agent pursuant to Article 2.

[This Article Wholly Amended on May 24, 2011]

Article 22(Prohibition of use of similar title or name) #

(1) No person, other than a patent attorney, shall use a title or name "patent attorney", "patent attorney office", "joint office of patent attorneys", or any similar name. <Amended on Jul. 30, 2013; Jan. 3, 2023>

(2) No person, other than a patent firm or limited liability patent firm, shall use a name that includes the words "patent firm" or "limited liability patent firm" or similar. <Added on Jul. 30, 2013>

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Jul. 30, 2013]

Article 23(Misappropriation or divulgence) #

A current or former patent attorney who, without good cause, divulges or misappropriates confidential information about an invention, design, or creation of an inventor, designer, author, patent applicant, or applicant for registration of a utility model or design, he or she becomes aware of in the course of providing services shall be punished by imprisonment for up to five years, or by a fine not exceeding 50 million won. <Amended on Jul. 30, 2013; Mar. 21, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 24(Penalty provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won: <Amended on Jul. 30, 2013; Mar. 21, 2017; Jan. 3, 2023>

1. A person who violates Article 7-3 (including cases applicable mutatis mutandis in Article 6-11 or 6-22);

2. A person who violates Article 8-3 (including cases applicable mutatis mutandis in Article 6-11 or 6-22);

3. A person who violates Article 21.

(2) A person who violates Article 22 shall be punished by imprisonment with labor for up to two years or a fine not exceeding 20 million won. <Amended on Nov. 28, 2017>

(3) A person who runs an advertisement in violation of Article 8-5(2)1 and 2 shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won. <Added on Jan. 3, 2023>

[This Article Wholly Amended on May 24, 2011]

Article 25(Prohibition of provision of patent services by unregistered patent attorneys) #

A qualified patent attorney who provides patent services without registration shall be punished by imprisonment with labor for up to two years or a fine not exceeding 20 million won. <Amended on Nov. 28, 2017>

[This Article Wholly Amended on May 24, 2011]

Article 26(Joint penalty provisions) #

If a partner, associate patent attorney, or clerk of a patent firm or limited liability patent firm violates Article 23 or 24 in connection with the business of the patent firm or limited liability patent firm, not only shall such offender be punished, but also the patent firm or limited liability patent firm shall be punished by a fine under the relevant Article; provided, this shall not apply where such patent firm or limited liability patent firm has not been negligent in giving due attention to and supervision over the relevant business to prevent such offence. <Amended on Jul. 30, 2013>

[This Article Wholly Amended on May 24, 2011]

[Moved from Article 27 <May 24, 2011>]

Article 26-2(Confiscation and punitive collection) #

Money, valuables, or other benefits a person who commits a crime under Articles 23 or 24, or any other person who knows such fact receives, shall be confiscated. When it is impossible to confiscate, the value thereof shall be collected.

[This Article Added on Mar. 21, 2017]

Article 27(Administrative fines) #

(1) A person who fails to undergo training, in violation of Article 15(1) shall be subject to an administrative fine not exceeding five million won.

(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Intellectual Property, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>

[This Article Added on May 24, 2011]

[Previous Article 27 moved to Article 26 <May 24, 2011>]

Article 28(Entrustment of affairs) #

The Minister of Intellectual Property may partially entrust his or her administrative affairs under this Act to the Patent Attorneys Association, or an institution or organization specializing in the administration of examinations, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 30, 2013]

Article 29(Re-examination of regulation) #

The Minister of Intellectual Property shall examine the appropriateness of the following subparagraphs every three years, counting from January 1, 2017 and shall take measures such as making improvements: <Amended on Oct. 1, 2025>

1. Grounds for disqualification under Article 4;

2. Refusal of registration as a patent attorney under Article 5-2;

3. Revocation of registration as a patent attorney under Article 5-3;

4. Establishment of offices of a patent attorney under Article 6-2;

5. Establishment of the Korea Patent Attorneys Association under Article 9, and authorization of rules thereof under Article 10;

6. Supervision over the Korea Patent Attorneys Association under Article 13.

[This Article Added on Jan. 27, 2016]