Article 1(Purpose) #
The purpose of this Decree is to provide for the matters mandated by the Patent Attorney Act and other matters necessary for the enforcement thereof.
[This Article Wholly Amended on Dec. 28, 2012]
Article 2(Intern training) #
(1) Intern training under the provisions, with the exception of the subparagraphs, of Article 3 of the Patent Attorney Act (hereinafter referred to as the "Act") shall be classified as follows: <Amended on Dec. 24, 2024>
1. Collective training [including training using e-learning defined in subparagraph 1 of Article 2 of the Act on Development of E-Learning Industry and Promotion of E-Learning Utilization (hereafter referred to as "e-learning" in this Article) corresponding thereto; hereafter the same shall apply in this Article];
2. On-the-job training.
(2) Collective training under paragraph (1)1 (hereinafter referred to as the "collective training") shall be provided for 250 hours in total.
(3) Collective training shall be provided by any of the following corporations, institutes, or organizations: <Amended on Oct. 1, 2025>
1. The International Intellectual Property Training Institute;
2. A corporation, institute, or organization determined and publicly notified by the Minister of Intellectual Property from among a corporation, institute, or organization meeting all of the following requirements:
a. To have lecturing facilities accommodating at least 50 persons;
b. To have at least three persons dedicated to training;
c. To previously have conducted collective training or similar training;
d. To have prepared a plan for collective training and guidelines on conducting affairs of collective training.
(4) A corporation, institution, or organization that conducts collective training pursuant to paragraph (3) may do so by means of e-learning within the extent not exceeding 30/100 of collective training hours under paragraph (2), upon approval from the Minister of Intellectual Property; provided, where it is deemed impracticable to conduct such collective training face-to-face due to unavoidable circumstances, such as a natural disaster or an outbreak of an infectious disease, all hours of collective training under paragraph (2) may be provided by means of e-learning, upon approval from the Minister of Intellectual Property. <Added on Dec. 24, 2024; Oct. 1, 2025>
(5) On-the-job training under paragraph (1)2 shall be provided for six months. <Amended on Dec. 24, 2024>
(6) On-the-job training shall be provided by any of the following corporations, institutes, or organizations: <Amended on Dec. 24, 2024; Oct. 1, 2025>
1. Business offices conducting affairs of patent attorneys including patent firms and limited liability patent firms;
2. Law offices, law firms, limited liability law firms, or law firm partnerships conducting affairs related to industrial property right;
3. State agencies, local governments, public institutions, or other corporations, institutes, or organizations determined and publicly notified by the Minister of Intellectual Property from among those conducting affairs related to industrial property right.
(7) Where a person who has completed an intern training falls under any of the following, the Minister of Intellectual Property may not recognize the training as completed or may recognize it as partially completed; provided, in cases falling under subparagraph 1, the entire intern training must not be recognized as completed: <Amended on Dec. 24, 2024; Oct. 1, 2025>
1. Where the person has completed, or intends to complete, such intern training by fraud or other improper means;
2. Where the person is deemed to have failed to faithfully undergo on-the-job training and falls under any of the grounds prescribed by Decree of the Ministry of Trade, Industry and Energy.
(8) Except as provided in paragraphs (1) through (7), matters necessary for intern training, including details of training, institutes providing training, procedure therefor, shall be prescribed by Prime Ministerial Decree. <Amended on Dec. 24, 2024; Oct. 1, 2025>
[This Article Added on Aug. 29, 2016]
[Previous Article 2 moved to Article 2-2 <Aug. 29, 2016>]
Article 2-2(Conducting and public announcement of patent attorney examinations) #
(1) Patent attorney examination (hereinafter referred to as "examination") under Article 4-2 of the Act shall be administrated annually. <Amended on Aug. 29, 2016>
(2) The Minister of Intellectual Property shall publicly announce the following matters by not later than 90 days before each examination: <Amended on Dec. 23, 2014; Oct. 1, 2025>
1. The date and time of, and methods for conducting the examination;
2. Subjects of the examination and treaties included therein;
3. The date and time of, and methods for giving public announcement of successful examinees;
4. Places which application forms shall be distributed in and submitted to, and the period for distributing and submitting application forms;
5. Minimum number of successful examinees passing a secondary examination (excluding successful examinees exempt from some subjects of a secondary examination under Article 4-3(2) of the Act; hereinafter the same shall apply);
6. Other matters necessary for conducting the examination.
[This Article Wholly Amended on Dec. 28, 2012]
[Moved from Article 2 <Aug. 29, 2016>]
Article 2-3(Postponement of and changes in examinations) #
(1) Where the Minister of Intellectual Property deems it impracticable to conduct an examination on the date publicly announced due to an act of God or any other unavoidable reason, he or she may postpone all or part of the examination or may change a method, place, etc. of the examination to conduct it. <Amended on Oct. 1, 2025>
(2) Where the Minister of Intellectual Property postpones or change an examination pursuant to paragraph (1), he or she shall, without delay, publicly announce the reasons for such postponement or change, the date and time of the examination postponed, and other information to make them known to all examinees. <Amended on Oct. 1, 2025>
[This Article Added on Jul. 5, 2022]
Article 3(Subjects of, and methods for, conducting examinations) #
(1) The subjects of the preliminary examination and secondary examination shall be as specified in Appendix 1, and English among the subjects of the preliminary examination shall be substituted by the English proficiency tests listed in Appendix 2.
(2) The preliminary examination shall be a written, multiple-choice test, while the secondary examination shall be an essay-type test.
(3) No person who fails to pass the preliminary examination shall sit for the secondary examination; provided, the foregoing shall not apply to persons exempt from the preliminary examination.
[This Article Wholly Amended on Dec. 28, 2012]
Article 3-2(Partial exemption from examination) #
(1) For the purposes of Article 4-3(1) or (2) of the Act, the date of the relevant secondary examination (referring to the first date, if the examination is conducted for at least two days) shall be deemed the base date for the calculation of the period of service. <Amended on Sep. 26, 2024>
(2) A person falling under Article 4-3(2) of the Act is exempt from two subjects (excluding the Patent Act) out of four subjects of secondary examination under Appendix 1.
[This Article Wholly Amended on Sep. 5, 2017]
Article 4(Standards for determining success or failure in examinations) #
(1) In the preliminary examination, examinees who obtain higher total scores across all subjects shall be determined as successful examinees, considering the results of examination, and the number of examinees, from among the persons who have obtained a threshold score for the English proficiency tests listed in Appendix 2 and at least 40 points in each subject, but at least an average of 60 points for all subjects, excluding English, out of a full score of 100 points for each subject.
(2) In the secondary examination, persons who have scored at least 50 points for each optional subject under Appendix 1 (hereinafter referred to as "optional subject"), and at least 40 points for each compulsory subject under the same Table (hereinafter referred to as "compulsory subject"), but at least an average 60 points for all compulsory subjects, out of a full score of 100 points for each subject, shall be determined as successful examinees; provided, if the number of persons who have obtained at least an average 60 points for all subjects does not exceed the minimum number of successful examinees referred to in Article 2-2(2)5, persons who have scored the highest average points of all subjects, from among those who have obtained at least 40 points for each subject, shall be determined as successful examinees. <Amended on Dec. 23, 2014; Sep. 5, 2017>
(3) In cases of persons exempt from some subjects of the secondary examination under Article 4-3(2) of the Act, persons falling under the following shall be determined as successful examinees: <Amended on Sep. 5, 2017>
1. Where taking the examination in two compulsory subjects including the Patent Act: Persons whose average score for the subjects for which they have taken the examination are at least 60 points (where determining successful examinees in accordance with the proviso to paragraph (2), this refers to the average score of compulsory subjects of the lowest-ranking successful examinee), among persons who have obtained at least 40 points for each subject, out of a full score of 100 points for each subject;
2. Where taking the examination in one optional subject with the Patent Act: Persons whose average score for the Patent Act are at least 60 points (where determining successful examinees in accordance with the proviso to paragraph (2), this refers to the average score of compulsory subjects of the lowest-ranking successful examinee), among persons who have obtained at least 50 points for an optional subject, out of a full score of 100 points for each subject.
(4) For the purposes of determining successful examinees under the proviso to paragraph (2), persons who have obtained the same points above the cut-off line shall be determined as successful examinees, if the number of successful examinees exceed the minimum number of successful examinees specified in Article 2-2(2)5 because of such persons who have obtained the same points. In such cases, the points of examinees who have obtained the same points shall be calculated only to two decimal places (all digits beginning from the third decimal place shall be omitted). <Amended on Sep. 5, 2017>
Article 5(Application fees) #
(1) Application fees to be paid under Article 4-2(4) of the Act (hereinafter referred to as "application fees") shall be as follows; provided, the total sum of application fees for the preliminary and secondary examinations until December 31, 2015 shall be 30,000 won: <Amended on Jan. 28, 2014>
1. Preliminary examination: 50,000 won;
2. Secondary examination: 50,000 won.
(2) Application fees shall be paid in cash or by means of electronic cash or electronic payment through an information and communications network. <Added on Jan. 28, 2014>
(3) In any of the following cases, the Minister of Intellectual Property shall fully or partially refund application fees paid under paragraph (2): <Amended on Jan. 28, 2014; Sep. 26, 2024; Oct. 1, 2025>
1. Overpaid or erroneously paid application fees: The full amount of application fees overpaid or erroneously paid;
2. If an applicant fails to take an examination for reasons attributable to the examination agency: The full application fees;
3. If an application is withdrawn during the period for submitting applications: The full application fees;
4. If an application is withdrawn between the day immediately following the deadline for submitting applications and ten days before the date of examination (referring to the first date, if the examination is conducted for at least two days): 50/100 of the application fees;
5. Hospitalization due to an accident or illness (limited to where the examination date is included in the hospitalization period) that prevents an applicant from taking the examination: The full application fees;
6. Where an applicant fails to take an examination due to a disposition of medical treatment, hospitalization, or quarantine (limited to where the examination date is included in the period of medical treatment, hospitalization, or quarantine) under the Infectious Disease Control and Prevention Act: The full application fees;
7. Where an applicant fails to take an examination due to the death of the applicant or any of the following persons between the date seven days before the date of examination and the examination date: The full application fees:
a. The spouse of the person who has paid the application fees;
b. A child of the person who has paid the application fees and his or her spouse;
Article 6(Public announcement of successful examinees and individual notifications) #
When successful examinees are determined, the Minister of Intellectual Property shall, without delay, publicly announce the roll of the successful examinees through the Official Gazette or on its website, and notify each successful examinee of his or her results individually. <Amended on Sep. 5, 2017; Oct. 1, 2025>
[This Article Wholly Amended on Dec. 28, 2012]
Article 7 #
Deleted. <Jan. 28, 2014>
Article 8 #
Deleted. <Jan. 28, 2014>
Article 9(Notice of sanctions for cheating in examination) #
When the Minister of Intellectual Property intends to impose a sanction, under Article 4-5 of the Act, against a person who has engaged in cheating behavior during an examination, he or she shall, without delay, notify the person subject to the sanction thereof. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Dec. 28, 2012]
Article 10(Registration) #
(1) A person who intends to file for registration as a patent attorney in accordance with Article 5(1) of the Act shall file an application for registration with the Minister of Intellectual Property, as prescribed by Prime Ministerial Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) Upon receipt of an application for registration under paragraph (1), the Minister of Intellectual Property shall register the applicant in the Register of Patent Attorneys and issue a certificate of registration to the applicant without delay, if he or she has no ground to refuse the registration of the applicant under Article 5-2(1) or (2) of the Act. <Amended on Oct. 1, 2025>
(3) When any change is made to any matters registered under paragraph (2), the relevant patent attorney shall notify the Minister of Intellectual Property of such change without delay. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Dec. 28, 2012]
Article 11(Public announcement) #
When the Minister of Intellectual Property decides to register, or revoke the registration of, a patent attorney, he or she shall give public notice of such fact. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Dec. 28, 2012]
Article 12 #
Deleted. <Aug. 29, 2016>
Article 13(Establishment of offices) #
(1) The office a person specified in subparagraph 2 of Article 3 of the Act establishes as a patent attorney office in accordance with Article 6-2(1) of the Act shall be the office in which the person practices under the Attorney-at-Law Act. <Amended on Jun. 27, 2023>
(2) A patent attorney who intends to file a report on the establishment of a joint office under Article 6-2(4) of the Act shall submit the rules of the joint office to the Minister of Intellectual Property. <Added on Jun. 27, 2023; Oct. 1, 2025>
(3) Matters to be prescribed in the rules under paragraph (2) and other matters necessary for the management, etc. of joint offices shall be prescribed by Prime Ministerial Decree. <Added on Jun. 27, 2023; Oct. 1, 2025>
[This Article Wholly Amended on Dec. 28, 2012]
Article 14(Authorization for incorporation of patent firms) #
(1) A person who intends to obtain authorization to incorporate a patent firm under Article 6-3(2) of the Act shall file an application for authorization for incorporation of the firm with the Minister of Intellectual Property, with its articles of incorporation. <Amended on Jan. 28, 2014; Oct. 1, 2025>
(2) Upon receipt of an application for authorization for incorporation of a firm under paragraph (1), the Minister of Intellectual Property shall verify whether the patent attorneys to become partners are registered in the Register of Patent Attorneys or may require the applicant to submit copies of certificates of registration of the patent attorneys, if it is impracticable to verify the relevant facts. <Amended on Jan. 28, 2014; Oct. 1, 2025>
(3) When the Minister of Intellectual Property authorizes an applicant to incorporate a patent firm, he or she shall enter the relevant facts in the Register of Authorization for Firms and issue a certificate of authorization for incorporation of the patent firm to the applicant, as prescribed by Prime Ministerial Decree. <Amended on Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>
[This Article Wholly Amended on Dec. 28, 2012]
[Title Amended on Jan. 28, 2014]
Article 15(Applications for approval to amend articles of incorporation of patent firms) #
(1) A person who intends to obtain approval to amend articles of incorporation under the latter part of Article 6-3(2) of the Act shall file an application for approval with the Minister of Intellectual Property, with the following documents: <Amended on Oct. 1, 2025>
1. A document stating the details of the amendment to articles of incorporation and the grounds for such amendment;
2. A draft of proposed amendments to the articles of incorporation;
(2) When the Minister of Intellectual Property approves an amendment to articles of incorporation, he or she shall enter the relevant facts in the Register of Authorization for Firms. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Dec. 28, 2012]
[Title Amended on Jan. 28, 2014]
Article 16(Registration of patent firms) #
(1) A patent firm shall complete registration for incorporation at the seat of its principal place of business within three weeks after obtaining authorization for incorporation. <Amended on Jan. 28, 2014>
(2) An application for registration under paragraph (1) shall be filed with the following documents: <Amended on Jan. 28, 2014>
1. Articles of incorporation;
2. A certificate of authorization for incorporation of the patent firm.
(3) When a patent firm becomes registered for incorporation under paragraph (1), it shall notify the Minister of Intellectual Property of the fact within three weeks. In such cases, the Minister of Intellectual Property shall verify the corporate registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended on Jan. 28, 2014; Oct. 1, 2025>
[This Article Wholly Amended on Dec. 28, 2012]
[Title Amended on Jan. 28, 2014]
Article 16-2(Authorization for incorporation of limited liability patent firms) #
(1) A person who intends to obtain authorization to incorporate a limited liability patent firm under the first sentence of Article 6-12(2) of the Act shall file an application for authorization for incorporation of the firm with the Minister of Intellectual Property, with the following documents: <Amended on Oct. 1, 2025>
1. Articles of incorporation;
2. The following documents evidencing the payment of equity capital:
a. Investment in cash: A certificate of payment of equity capital issued by a bank defined in the Banking Act or any other financial institution;
b. Investment in kind: A document evidencing the completion of investment in kind and an appraisal report issued by an officially recognized appraisal agency.
(2) Upon receipt of an application for authorization for incorporation of a firm under paragraph (1), the Minister of Intellectual Property shall verify whether the patent attorneys to become partners are registered in the Register of Patent Attorneys or may require the applicant to submit copies of certificates of registration of the patent attorneys, if it is impracticable to verify the relevant facts. <Amended on Jan. 28, 2014; Oct. 1, 2025>
(3) When the Minister of Intellectual Property authorizes an applicant to incorporate a limited liability patent firm, he or she shall enter the relevant facts in the Register of Authorization for Firms and issue a certificate of authorization for incorporation of the limited liability patent firm to the applicant, as prescribed by Prime Ministerial Decree. <Amended on Oct. 1, 2025>
[This Article Added on Jan. 28, 2014]
Article 16-3(Restrictions on investment of limited liability patent firms in other corporations) #
(Restrictions on Investment of Limited Liability Patent Firms in Other Corporations) (1) The total sum of investments in other corporations or debt guarantees provided for a third person by a limited liability patent firm under Article 6-17(1) of the Act shall not exceed an amount equivalent to 25/100 of its equity capital referred to in the first sentence of Article 6-17(2) of the Act (hereafter referred to as "equity capital" in this Article). In such cases, the amount of debt guarantees provided for other persons shall not exceed the value equivalent to 10/100 of its equity capital.
(2) If the amount calculated by subtracting the professional indemnity reserve from the equity capital of a limited liability patent firm exceeds 300 million won, the limited liability patent firm may invest an amount calculated by the following formula, in other corporations in addition to the value equivalent to 25/100 of its equity capital, notwithstanding paragraph (1):
[(Equity capital - Professional indemnity reserve) - 300 million won] x 50/100
[This Article Added on Jan. 28, 2014]
Article 16-4(Professional indemnity reserve of limited liability patent firms) #
(1) Pursuant to Article 6-18(1) of the Act, a limited liability patent firm shall accumulate an amount equivalent to 2/100 of its gross turnover in each business year as a professional indemnity reserve in each business year or shall subscribe to an indemnity insurance policy within one month from the date of registration for its incorporation.
(2) The maximum amount of damages covered by an indemnity insurance policy under paragraph (1) shall be at least 100 million won per claim, and the maximum amount of damages covered by the indemnity insurance policy in each year shall be at least an amount calculated by multiplying 100 million won by the number of partners and associate patent attorneys (referring to associate patent attorneys who are not partners under Article 6-13(2) of the Act; hereafter in this Article the same shall apply), or one billion won. <Amended on Jul. 5, 2022>
(3) Each limited liability patent firm shall accumulate the professional indemnity reserve under paragraph (1) until the reserve reaches an amount equivalent to 10/100 of the average gross turnover for the two immediately preceding business years and the pertinent business year.
(4) When a limited liability patent firm recovers an amount disbursed from the professional indemnity reserve by exercising the right to reimburse the amount against a partner or an employee including an associate patent attorney, it shall transfer the amount recovered into the professional indemnity reserve. <Amended on Jul. 5, 2022>
(5) As regards the maximum coverage of the indemnity insurance under paragraph (2), each limited liability patent firm shall ensure that the amount after subtracting damages paid from the maximum amount of damages covered in each year, shall be at least 300 million won, and shall increase the amount to at least 300 million won within one month from the date on such amount falls short of 300 million won.
(6) When a limited liability patent firm subscribes to an indemnity insurance policy in accordance with paragraph (1), it shall notify the president of the Korea Patent Attorneys Association under Article 9 of the Act (hereinafter referred to as the "Patent Attorneys Association") thereof, with evidentiary documents.
[This Article Added on Jan. 28, 2014]
Article 16-5(Provisions applicable mutatis mutandis) #
(1) Article 16-2 shall apply mutatis mutandis to the conversion of a patent firm into a limited liability patent firm under Article 6-10 of the Act. In such case, "former part of Article 6-12(2) of the Act" in Article 16-2 shall be construed as "Article 6-10(1) of the Act," and "person who intends to obtain authorization to incorporate a limited liability patent firm" in the same Article as "person who intends to convert a patent firm into a limited liability patent firm," respectively.
(2) Articles 15 and 16 shall apply mutatis mutandis to applications for approval to amend articles of incorporation of a limited liability patent firm under the latter part of Article 6-12(2) of the Act and registration under Article 6-12(6). In such cases, "Article 6-3(2) of the Act" in Article 15 shall be construed as "Article 6-12(2) of the Act," and "patent firm" in the same Article and Article 16 as "limited liability patent firm," respectively. <Amended on Sep. 5, 2017>
[This Article Added on Jan. 28, 2014]
Article 17(Organizational structure of patent attorneys association) #
(1) The Patent Attorneys Association shall have a general assembly and a board of directors. <Amended on Jan. 28, 2014>
(2) The following matters shall be subject to resolution by the general assembly:
1. Amendments to the rules of the Patent Attorneys Association under Article 10(1) of the Act (hereafter referred to as the "Rules of the Association");
2. Budgets and settlement of accounts;
3. Other matters deemed necessary by the board of directors or the president of the Patent Attorneys Association.
(3) The board of directors shall pass resolutions on important matters relating to the administrative affairs of the Patent Attorneys Association.
[This Article Wholly Amended on Dec. 28, 2012]
[Title Amended on Jan. 28, 2014]
Article 17-2(Executive officers) #
(1) The Patent Attorneys Association shall have the following executive officers:
1. One president;
2. Up to seven vice presidents;
3. Up to fourteen directors;
4. Two auditors.
(2) One of the vice presidents, among the executive officers referred to in paragraph (1), may be appointed as a full-time executive officer.
[This Article Wholly Amended on Dec. 28, 2012]
Article 17-3(Matters to be prescribed by rules of association) #
Rules of the Association shall prescribe the following: <Amended on Jan. 28, 2014>
1. The name and place of business;
2. Matters concerning the composition, authority, and meetings of the general assembly, the board of directors, and other organizations;
3. Matters concerning the establishment of branches or chapters of the Association;
4. Matters concerning membership fees;
5. Matters concerning assets and accounting;
6. Matters concerning guidance, supervision, and training of members;
7. Matters concerning recommendation of disciplinary action against a member who falls under a ground for disciplinary action under Article 17(1) of the Act.
[This Article Wholly Amended on Dec. 28, 2012]
Article 17-4(Scope and methods of disclosure of information) #
(1) The scope of information to be disclosed under Article 14(4) of the Act shall be as follows: <Amended on Aug. 29, 2016>
1. Name;
2. Year of birth;
3. Information about offices;
4. Type of qualification acquisition, and the date of acquisition of qualification;
5. Date of registration of each patent attorney;
6. Whether a patent attorney is practicing, and the date of commencement or suspension of practice;
7. Information evidencing the specialized field, major, department, degree, career, etc.;
8. Training completion status under Article 15 of the Act (hereinafter referred to as "training");
9. Other information related to the appointment of a patent attorney and disclosed by each patent attorney.
(2) The information specified in paragraph (1) shall be published on the website of the Patent Attorneys Association.
(3) Procedures for collecting and updating the information specified in paragraph (1) and other matters necessary for disclosing information shall be prescribed by the Patent Attorneys Association.
[This Article Wholly Amended on Dec. 28, 2012]
Article 17-5(Number of hours of training) #
(1) The minimum number of hours of training shall be 24 hours for every two years, including a two-hour course of professional ethics. In such cases, the number of hours of training courses that a patent attorney fails to attend shall be added to the number of hours of training courses that he or she must attend during the following two-year period.
(2) "Any case prescribed by Presidential Decree, if a patent attorney cannot undergo training due to a disease, suspension of business, etc." in the proviso to Article 15 (1) of the Act means any of the following: <Amended on Oct. 1, 2025>
1. Where the patent attorney has good cause making it impossible to undergo training, such as suspension of business;
2. Where the patent attorney is unable to practice ordinarily due to a disease, injury, pregnancy, childbirth, military service, long-term overseas stay, etc.;
3. Where prescribed by the Patent Attorneys Association as it finds that a patent attorney is incapable of undergoing training due to senility.
[This Article Wholly Amended on Dec. 28, 2012]
Article 18(Patent attorney qualification and disciplinary committee) #
(1) The term of members commissioned by the Minister of Intellectual Property pursuant to Article 16 (3) of the Act (hereinafter referred to as "commissioned members") for the Patent Attorney Qualification and Disciplinary Committee under Article 16 of the Act (hereinafter referred to as the "Committee") shall be two years. <Added on Jan. 28, 2014; Oct. 1, 2025>
(2) Commissioned members shall consist of a majority of all committee members. <Added on Jan. 28, 2014>
(3) In order to conduct administrative affairs, the Committee shall have a secretary appointed by the Minister of Intellectual Property from among public officials of the Ministry of Intellectual Property. <Added on Jan. 28, 2014; Oct. 1, 2025>
(4) Meetings of the Committee shall be convened by the chairperson of the Committee. <Amended on Jan. 28, 2014>
(5) When the chairperson of the Committee intends to convene a meeting, he or she shall notify each committee member of the date, time, and venue of the meeting and agenda items, by not later than seven days before the meeting. <Amended on Jan. 28, 2014>
(6) Except as provided in this Decree, matters necessary for the operation, etc. of the Committee shall be determined by the chairperson, subject to resolution thereon by the Committee. <Added on Jan. 28, 2014>
[This Article Wholly Amended on Dec. 28, 2012]
[Title Amended on Jan. 28, 2014]
Article 18-2(Exclusion of, challenge to, or recusal of member) #
(1) In any of the following cases, a member of the Committee (hereinafter referred to as "committee member") shall exclude from deliberation and resolution by the Committee on any matter relating to disciplinary action against a patent attorney: <Amended on Jan. 28, 2014>
1. If the committee member, him or herself, is the patent attorney subject to disciplinary resolution;
2. If the committee member is a current or former relative of the patent attorney subject to disciplinary resolution;
3. If the committee member belongs to the institution, organization, or office to which the patent attorney subject to disciplinary resolution belongs.
(2) If the patent attorney subject to disciplinary resolution has any ground to believe that it is impracticable to expect impartiality from a committee member in deliberation and resolution, the patent attorney may file a challenge against the committee member with the Committee, and the Committee shall make a decision thereon by resolution. No committee member subject to challenge shall participate in a resolution. <Amended on Jan. 28, 2014>
(3) If a committee member finds that he or she is subject to abstention under any of the grounds referred to in paragraph (1), he or she shall recuse himself or herself from deliberating and passing any resolution on the agenda item at issue.
[This Article Wholly Amended on Dec. 28, 2012]
Article 18-3(Removal or dismissal of committee members) #
In any of the following cases, the Minister of Intellectual Property may remove or dismiss a committee member from office: <Amended on Oct. 1, 2025>
1. If a committee member is unable to perform his or her duties due to a mental or physical disability;
2. If a committee member is found incompetent to serve on the Committee due to neglect of duties or loss of dignity, or on any other ground;
3. If a committee member fails to voluntarily withdraw him or herself from deliberating and passing any resolution on the agenda item at issue, although he or she is subject to abstention under any subparagraph of Article 18-2(1).
[This Article Wholly Amended on Dec. 28, 2012]
Article 19 #
Deleted. <Jan. 28, 2014>
Article 20(Oral statements and submission of documents for examination) #
(1) When the chairperson of the Committee deems it necessary for making a disciplinary resolution, he or she may require the party to the case or any stakeholder or institution involved to make oral statements or submit documents for examination. <Amended on Jan. 28, 2014>
(2) Prior to making a disciplinary resolution, the chairperson of the Committee shall give opportunities to the patent attorney subject to the disciplinary action to submit written statements to the Committee or appear before the Committee to make oral statements; provided, the foregoing shall not apply where the patent attorney subject to the disciplinary action fails to do so, without good cause. <Amended on Jan. 28, 2014>
[This Article Wholly Amended on Dec. 28, 2012]
Article 21(Notifications and public announcement of decisions on disciplinary resolution) #
When the Committee makes a disciplinary resolution, the Minister of Intellectual Property shall notify the parties thereof without delay, clearly stating the grounds therefor, and shall give public announcement thereof through the Official Gazette or its website. <Amended on Jan. 28, 2014; Sep. 5, 2017; Oct. 1, 2025>
[This Article Wholly Amended on Dec. 28, 2012]
Article 22(Decisions to suspend qualifications) #
The Committee shall obtain consent from at least 2/3 of all incumbent committee members in making a decision to suspend a qualification under Article 18(1) of the Act. <Amended on Jan. 28, 2014>
[This Article Wholly Amended on Dec. 28, 2012]
Article 22-2(Processing of sensitive information and personally identifiable information) #
The Minister of Intellectual Property (including a person entrusted with the affairs of the Minister of Intellectual Property under Article 24) or the Patent Attorneys Association may process information that constitutes criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act, or data containing resident registration numbers or alien registration numbers referred to in subparagraph 1 or 4 of Article 19 of the same Decree, if inevitable to conduct the following administrative affairs: <Amended on Jan. 28, 2014; Sep. 5, 2017; Jul. 5, 2022; Oct. 1, 2025>
1. Administrative affairs relating to qualifications and intern training for patent attorneys under Article 3, 4, or 18 of the Act;
2. Administrative affairs relating to examinations under Articles 4-2 through 4-5 of the Act;
3. Administrative affairs relating to registration of patent attorneys under Articles 5, 5-2, 5-3, and 6 of the Act;
4. Administrative affairs relating to incorporation of patent firms under Article 6-3 of the Act and limited liability patent firms under Article 6-12 of the Act;
5. Administrative affairs relating to the conversion of a patent firm into a limited liability patent form under Article 6-10 of the Act;
6. Administrative affairs relating to membership of the Patent Attorneys Association under Article 11 of the Act;
7. Administrative affairs relating to disclosure of information about patent attorneys under Article 14 of the Act;
8. Administrative affairs relating to training of patent attorneys under Article 15 of the Act;
9. Administrative affairs relating to disciplinary action against patent attorneys under Article 17 of the Act.
[This Article Wholly Amended on Dec. 28, 2012]
Article 22-3 #
Deleted. <Mar. 12, 2025>
Article 23(Criteria for imposition of administrative fines) #
Criteria for imposition of administrative fines under Article 27(2) of the Act shall be as prescribed in Appendix 3.
[This Article Wholly Amended on Dec. 28, 2012]
Article 24(Entrustment of affairs) #
(1) Pursuant to Article 28 of the Act, the Minister of Intellectual Property shall entrust affairs regarding the management of patent attorney examinations specified in Article 4-2 of the Act to the Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act. <Amended on Oct. 1, 2025>
(2) The Minister of Intellectual Property shall entrust the following affairs to the Patent Attorneys Association under Article 28 of the Act: <Amended on Jun. 27, 2023; Oct. 1, 2025>
1. Receipt of registration under Article 5(1) of the Act;
2. Notification of refusal of registration under Article 5-2 of the Act;
3. Notification of revocation of registration under Article 5-3 of the Act;
4. Receipt of registration fees under Article 6 of the Act;
5. Receipt of reports on the opening, suspension, closure, etc. of business under Article 6-2(2) of the Act;
5-2. Receipt of reports on the establishment of joint offices under Article 6-2(4) of the Act;
6. Receipt of applications for authorization to incorporate patent firms or limited liability patent firms and to amend the articles of incorporation under Articles 6-3(2) and 6-12(2) of the Act;
7. Receipt of reports related to associate patent attorneys under Articles 6-4(2) and 6-13(2) of the Act;
8. Receipt of reports on dissolution of patent firms or limited liability patent firms under Articles 6-9(2) and 6-20(2) of the Act;
9. Receipt of applications for conversion of patent firms into limited liability patent firms under Article 6-10(1) of the Act;
10. Public announcement of registration or revocation of registration under Article 11.
[This Article Wholly Amended on Jul. 5, 2022]