ENFORCEMENT DECREE OF THE PATENT ACT

Article 1(Purpose) #

The purpose of this Decree is to provide for matters mandated by the Patent Act and those necessary for its enforcement. <Amended on Jan. 31, 2005>

[This Article Wholly Amended on Jun. 27, 2001]

Article 1-2 #

Deleted. <Jun. 28, 2013>

Article 2(Deposit of Micro-Organisms) #

(1) A person who intends to file a patent application for an invention related to a micro-organism shall deposit the micro-organism with either of the following authorities, prior to filing the patent application, in the manner prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office: Provided, That a micro-organism needs not be deposited, if any person who has ordinary skill in the relevant technical field to which the invention belongs can easily obtain such micro-organism: <Amended on Dec. 30, 2014; May 29, 2017; Jul. 14, 2020>

1. An authority registered under Article 58 (2) of the Patent Act (hereinafter referred to as the "Act") as an agency specializing in the storage and distribution of deposited micro-organisms (hereinafter referred to as "domestic depository authority");

2. An authority that has acquired the status as an international depository authority under Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (hereinafter referred to as "international depository authority");

3. An authority designated as an institution specializing in the deposit and distribution of micro-organisms in a country that meets all the following requirements (hereinafter referred to as "designated depository authority"):

(a) It shall not be a party to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure;

(b) The Commissioner of the Intellectual Property Office of the relevant country shall have agreed with the Commissioner of the Korean Intellectual Property Office to recognize the procedures on the same terms and conditions as those of the Republic of Korea regarding the deposit of micro-organisms for the purposes of patent procedure to a national of the Republic of Korea.

(2) A person who has deposited a micro-organism in accordance with paragraph (1) shall state the fact in the patent application in the manner prescribed by Ordinance of the Ministry of Trade, Industry and Energy and shall attach the document evidencing the deposit of the micro-organism (referring to a copy of the latest receipt issued under Rule 7 of the Regulations under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, if the micro-organism has been deposited in an international depository authority): Provided, That where the relevant micro-organism is deposited in a domestic depository authority or an international depository authority which is located in the Republic of Korea, the document evidencing the deposit of the micro-organism need not be attached. <Newly Inserted on Dec. 30, 2014; Apr. 19, 2022>

Article 3(Matters to Be Entered in Patent Specifications of Invention Related to Micro-Organisms) #

A person who intends to file a patent application for an invention related to a micro-organism shall enter the deposit number given by a domestic, international, or designated depository authority in the specification defined in Article 42 (2) of the Act (referring to the specification initially attached to the patent application), if the person has deposited the micro-organism in accordance with the main clause of Article 2 (1), or the method by which the person has acquired the micro-organism, if he or she has not deposited such micro-organism in accordance with the proviso of Article 2 (1). <Amended on Jun. 28, 2013; Dec. 30, 2014; Jul. 14, 2020>

[This Article Wholly Amended on Jun. 26, 2009]

Article 4(Distribution of Micro-Organisms) #

(1) In any of the following cases, a person who intends to practice an invention related to a micro-organism deposited under Article 2 for the purpose of testing or research may have such micro-organism distributed by a domestic, international, or designated depository authority, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Jun. 26, 1997; Jun. 13, 2003; Jun. 28, 2007; Jun. 26, 2009; Dec. 30, 2014; Jul. 14, 2020>

1. Where a patent application for the invention related to the micro-organism has been published or the grant of a patent for such invention has been registered;

2. Where the micro-organism is necessary for establishing a written opinion under Article 63 (1) of the Act (including cases to which the provisions shall apply mutatis mutandis pursuant to Article 170 (2) of the Act).

(2) A person who requested a domestic, international, or designated depository authority to distribute a micro-organism and has been authorized by the person who deposited the micro-organism under Article 2 to have the micro-organism distributed may receive the distributed micro-organism. <Newly Inserted on Dec. 30, 2014; Jul. 14, 2020>

(3) A person who receives a micro-organism distributed under paragraphs (1) and (2) shall not allow another person to use the micro-organism. <Amended on Dec. 30, 2014>

[Title Amended on Dec. 30, 2014]

Article 5(Methods of Describing Patent Claims) #

(1) When the scope of claims under Article 42 (8) of the Act (hereinafter referred to as "claims") are stated, such claims shall be stated in the form of independent claims (hereinafter referred to as "independent claims"), but dependent claims may be added to limit or additionally specify such independent claims (hereinafter referred to as "dependent claims"). If it is necessary in such cases, other dependent claims may be added to limit or additionally specify such dependent claims. <Amended on Sep. 28, 2006; Jun. 28, 2007; Dec. 30, 2014>

(2) The number of claims shall be reasonable to the nature of the relevant invention. <Amended on Jun. 13, 2003>

(3) Deleted. <Jun. 30, 1999>

(4) A claim that refers to another claim shall state the number of the claims being referred to. <Amended on Jun. 28, 2013>

(5) A claim that refers to not less than two claims shall mention alternatively the numbers of the claims being referred to. <Amended on Jun. 13, 2003>

(6) A claim which refer to two or more claims should not refer to any other multiple dependent claims. The same shall apply where in a claim that quotes two or more claims, the quoted claim quotes one claim, resulting in re-quoting two or more claims after quoting one claim. <Amended on Sep. 28, 2006>

(7) The quoted claim shall be entered ahead of the claim quoting the claim. <Amended on Jun. 13, 2003>

(8) Each claim shall be entered on a new line, and serial numbers in the Arabic figure shall be given in the order of the entries.

[Title Amended on Dec. 30, 2014]

Article 6(Requirements for Single Patent Application for Group of Inventions) #

A single patent application for a group of inventions as prescribed in the proviso of Article 45 (1) of the Act shall meet the following requirements:

1. The inventions described in the application shall be technologically correlated;

2. The inventions described in the application shall have the same or corresponding technological features. In such case, the technological features shall be those improved than the prior art in light of the invention at large.

[This Article Wholly Amended on Jun. 13, 2003]

Article 7(Invention Subject to Application for Registration of Extension of Term of Patent Right by Permission) #

(1) "Invention prescribed by Presidential Decree" in Article 89 (1) of the Act means any of the following inventions: <Amended on Jun. 3, 1996; Jun. 23, 2000; Jan. 31, 2005; Jun. 28, 2007; Sep. 30, 2008; Dec. 2, 2011; Apr. 3, 2013; Jul. 14, 2020>

1. Invention of a medicine for which permission by item has been granted pursuant to Article 31 (2) and (3) or 42 (1) of the Pharmaceutical Affairs Act to practice a patented invention [limited to a medicine for which permission by item has been granted first, among medicines manufactured with a new substance (referring to a substance whose chemical structure in the activated part having medicinal effects is new; the same shall apply hereafter in this Article) as an effective ingredient] or narcotic drugs or psychotropic substances for which permission by item has been granted pursuant to Article 18 (2) or 21 (2) of the Narcotics Control Act (limited to narcotic drugs or psychotropic substances for which permission by item has been granted first among those manufactured with a new substance as an effective ingredient);

2. Invention of an agricultural chemical or raw material registered pursuant to Article 8 (1), 16 (1), or 17 (1) of the Pesticide Control Act to practice a patented invention (limited to an agricultural chemical or raw material registered first, among agricultural chemicals and raw materials manufactured with a new substance as an effective ingredient).

(2) With respect to an invention referred to in the subparagraphs of paragraph (1), the calculation of the period during which the patented invention cannot be practiced under Article 89 (1) of the Act and other detailed matters concerning the examination of applications for registration of the extension of the term of a patent right shall be determined and publicly notified by the Commissioner of the Korean Intellectual Property Office. <Newly Inserted on Jul. 14, 2020>

[Title Amended on Jul. 14, 2020]

Article 7-2(Period Delayed Due to Applicants) #

(1) "Period delayed due to an applicant" in Article 92-2 (3) of the Act means any of the following periods: <Amended on Mar. 23, 2013; Dec. 30, 2014; Aug. 19, 2015; Jul. 14, 2020; Apr. 19, 2022>

1. Any of the following periods in relation to ongoing procedures concerning a patent in the Korean Intellectual Property Office or the Korean Intellectual Property Trial and Appeal Board:

(a) Where the Commissioner of the Korean Intellectual Property Office or the presiding administrative patent judge orders an agent to follow procedures concerning a patent or orders the replacement of an agent under Article 10 of the Act, the period from the date when such order is given until the date when an agent is appointed or replaced;

(b) Where the period of request for trial or a period for a patent-related procedures, upon request from applicants, is extended pursuant to Article 15 (1) or (2) of the Act, the extended period (when the period for a patent-related procedures is reduced, upon request from applicants under Article 15 (2) of the Act, after such period is extended, the period reduced shall be excluded);

(c) Where a date for initiating patent-related procedures under Article 15 (3) of the Act is fixed and then such date is delayed, upon request from applicants, the period from the day after the fixed date until the changed one;

(d) Where procedures concerning a patent are supplemented later after a cause not imputable to a person who initiated a patent-related procedure ceases to exist under the main clause of Article 17 of the Act, the period from the date when such cause ceases to exist until the date when such procedures are supplemented;

(e) Where procedures concerning a patent are suspended or stopped pursuant to Articles 20, 23 (2), 78 (1) or 164 (1) of the Act, the period during which such procedures concerning a patent are suspended or stopped;

(f) Where the Commissioner of the Korean Intellectual Property Office orders applicants to report the results of the consultation within a designated period pursuant to Article 36 (6) of the Act, such period (when a period is reduced, upon request from applicants, pursuant to Article 15 (2) of the Act, the reduced period shall be excluded);

(g) Where a specification is amended so as to state the claims within the period specified in the proviso of Article 42-2 (2) of the Act, the period from the date when the intent to request the examination of the relevant application is notified until the date when such specification is amended;

Article 8(Qualification for Examiners) #

(1) To be qualified for an examiner, a person shall be any of the following public officials who work for the Korean Intellectual Property Office or any of its affiliated agencies and have completed the specified training course conducted for examiners by the International Intellectual Property Training Institute: Provided, That a person eligible to be appointed as an examiner, which is designated as an open position pursuant to Article 28-4 (1) of the State Public Officials Act, shall meet the requirements for performing duties specified in paragraph (2) of the same Article, while a person eligible to be appointed as an examiner, which is designated as a position publicly offered pursuant to Article 28-5 (1) of the same Act, shall meet the requirements for performing duties specified in paragraph (2) of the same Article: <Amended on Dec. 30, 2009; Apr. 3, 2013; Nov. 20, 2013; Dec. 30, 2014; Aug. 19, 2015>

1. A public official in general service as a member of the Senior Executive Service;

2. A Grade V or higher-ranking state public official in general service;

3. A specialized fixed-term public official who satisfies the qualification criteria for Grade A or B specified in attached Table 4-2 of the Decree on the Appointment of Public Officials;

4. A Grade VI state public official in general service (limited to the persons who satisfy the qualification criteria for specialized fixed-term Grade A or B public officials specified in attached Table 4-2 of the Decree on the Appointment of Public Officials).

(2) A person eligible to become an administrative patent judge shall be a person falling under any of the following subparagraphs from among Grade-IV or higher-ranking state public officials in general service or public officials in general service as members of the Senior Executive Service, who work for the Korean Intellectual Property Office or any of its affiliated agencies and who have completed the specified education and training course for administrative patent judges provided by the International Intellectual Property Training Institute: Provided, That a person eligible to be appointed as an administrative patent judge, which is designated as a position open to the private sector pursuant to Article 28-4 (1) of the State Public Officials Act, shall meet the requirements for performing duties specified in paragraph (2) of the same Article, while a person eligible to be appointed as an administrative patent judge, which is designated as a position publicly offered pursuant to Article 28-5 (1) of the same Act, shall meet the requirements for performing duties specified in paragraph (2) of the same Article: <Amended on Jun. 30, 1999; Jan. 31, 2005; Jun. 12, 2006; Sep. 28, 2006; Apr. 3, 2013>

Article 8-2(Criteria for Registering Agencies Specializing in Search for Prior Art) #

(1) Pursuant to Article 58 (2) of the Act, the Commissioner of the Korean Intellectual Property Office shall register a corporation that meets all the following requirements as a specialized agency in charge of search for prior art and issuance of patent classification codes under Article 58 (1) of the Act (hereinafter referred to as "specialized agency for search and classification"): Provided, That the foregoing shall not apply to a corporation, if its registration as a specialized agency for search and classification was revoked under Article 58-2 (1) 1 of the Act or any executive officer of the corporation worked for any other corporation whose registration as a specialized agency for search and classification was revoked and if two years have not passed since the registration was revoked: <Amended on Sep. 28, 2006; Feb. 22, 2011; Dec. 30, 2014; Jan. 10, 2017; May 29, 2017>

1. The corporation shall secure the literature and equipment necessary to provide the services specified in Article 8-3 (1);

2. The corporation shall secure human resources and organizations exclusively dedicated to the services specified in Article 8-3 (1);

3. Any executive officer or employee of the corporation shall not be a person who concurrently works as an executive officer or employee of any other firm that is engaged in the business specified in Article 2 of the Patent Attorney Act or a patent attorney registered under Article 5 of the same Act (excluding patent attorneys who suspend their business operations after reporting the suspension of business operations under Article 6-2 (2) of the same Act);

4. The corporation shall have a security system for the executive officers, employees, facilities, and equipment involved in the services specified in Article 8-3 (1).

(2) If a specialized agency for search and classification performs any service other than the services specified in Article 8-3 (1), it shall ensure that performing such service does not make the services specified in the said provisions biased. <Amended on Dec. 30, 2014>

(3) A person who intends to be registered as a specialized agency for search and classification shall file an application for the registration of a specialized agency for search and classification with the Commissioner of the Korean Intellectual Property Office in the form prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on May 29, 2017>

(4) Detailed standards for securing the literature, equipment, human resources, and organizations, specific standards for the security system, and other matters necessary for the registration and operation of specialized agencies for search and classification under paragraph (1) shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office. <Newly Inserted on Jan. 31, 2005; Sep. 28, 2006; Dec. 30, 2014; May 29, 2017>

Article 8-3(Commissioning of Search for Prior Art) #

(1) Pursuant to Article 58 (1) of the Act, the Commissioner of the Korean Intellectual Property Office may commission a specialized agency for search and classification to provide the following services: <Amended on Dec. 30, 2014>

1. Search for prior art;

2. Issuance of patent classification codes;

3. Other services that the Commissioner of the Korean Intellectual Property Office deems necessary for the examination of patent applications.

(2) The head of the specialized agency for search and classification commissioned by the Commissioner of the Korean Intellectual Property Office to provide any of the services under paragraph (1) shall promptly notify the Commissioner of the Korean Intellectual Property Office of the results of the service performed by it. <Amended on Sep. 28, 2006; Dec. 30, 2014>

(3) If the Commissioner of the Korean Intellectual Property Office finds it necessary to perform additional search or any other service with regard to the results of services notified under paragraph (2), he or she may re-commission the head of the relevant specialized agency for search and classification to perform relevant services by specifying the scope of search, etc. <Amended on Dec. 30, 2014>

(4) Paragraph (2) shall apply mutatis mutandis to the re-commissioning under paragraph (3). <Amended on Jun. 26, 2009>

[This Article Newly Inserted on Oct. 27, 2009]

[Title Amended on Dec. 30, 2014]

Article 8-4(Criteria for Registration of Agencies Specializing in Storage and Distribution of Deposited Micro-Organisms) #

(1) Pursuant to Article 58 (2) of the Act, the Commissioner of the Korean Intellectual Property Office shall register an institution or organization (hereinafter referred to as "institution, etc.") that meets all the following requirements as a specialized agency for the storage and distribution of deposited micro-organisms: Provided, That the foregoing shall not apply to an institution, etc., if its registration as a specialized agency for the storage and distribution of deposited micro-organisms was revoked under Article 58-2 (1) 1 of the Act or any executive officer of the institution, etc. worked for any other institution whose registration as a specialized agency for the storage and distribution of deposited micro-organisms was revoked and if two years have not passed since the registration was revoked: <Amended on May 29, 2017>

1. The institution, etc. shall be equipped with human resources and facilities necessary for preserving and safekeeping micro-organisms;

2. The institution, etc. shall establish plans to perform services related to the storage and distribution of deposited micro-organisms;

3. The institution, etc. shall have a security system for maintaining confidential information about micro-organisms.

(2) A person who intends to be registered as a specialized agency for the storage and distribution of deposited micro-organisms shall file an application for the registration of a specialized agency for the storage and distribution of deposited micro-organisms with the Commissioner of the Korean Intellectual Property Office in the form prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on May 29, 2017>

(3) Specific standards for human resources, facilities, business performance plans, and security systems and other matters necessary for the registration and operation of specialized agencies for the storage and distribution of deposited micro-organisms under paragraph (1) shall be prescribed and publicly notified by the Commissioner of the Korean Intellectual Property Office. <Amended on May 29, 2017>

[This Article Newly Inserted on Dec. 30, 2014]

[Title Amended on May 29, 2017]

Article 8-5(Management and Evaluation of Affairs of Specialized Agencies) #

(1) "Dedicated agency prescribed by Presidential Decree" in Article 58 (3) of the Act means an agency or organization recognized by the Commissioner of the Korean Intellectual Property Office as being equipped with specialized personnel, dedicated organization, and security system necessary for managing and evaluating the affairs of a specialized agency under paragraph (2) of the same Article.

(2) Details necessary for operating a dedicated agency, such as the specific standards for the specialized personnel, dedicated organization, and security system prescribed in paragraph (1) and the scope of affairs performed by the dedicated agency, shall be determined and publicly notified by the Commissioner of the Korean Intellectual Property Office.

[This Article Newly Inserted on Jul. 17, 2018]

Article 9(Cases Eligible for Expedited Examination) #

(1) "Patent application prescribed by Presidential Decree" in subparagraph 2 of Article 61 of the Act means a patent application designated by the Commissioner of the Korean Intellectual Property Office, among the following patent applications: <Amended on Jun. 23, 2000; Jun. 27, 2001; Jan. 31, 2005; Sep. 28, 2006; Jun. 28, 2007; Sep. 30, 2008; Jun. 26, 2009; Jun. 28, 2013; Dec. 30, 2014; Aug. 19, 2015; Jan. 10, 2017; Apr. 24, 2018; Jul. 9, 2019; Jun. 22, 2021; Apr. 19, 2022; Nov. 1, 2022>

1. A patent application in the area of the defense industry;

2. A patent application directly related to green technology under the Framework Act on Carbon Neutrality and Green Growth For Coping with Climate Crisis;

2-2. A patent application utilizing technologies related to the fourth industrial revolution such as artificial intelligence (AI) and the Internet of Things (IoT);

2-3. A patent application related to advanced technology that is important to the national economy and the enhancement of national competitiveness, such as semiconductors (limited to a patent application for which the Commissioner of the Korean Intellectual Property Office determines and publicly announces specific cases eligible for an expedited examination and the period for application therefor);

3. A patent application directly related to export promotion;

4. A patent application concerning the official duties of the State or local governments (including any patent application concerning the duties of the national and public schools provided for in the Higher Education Act, which is filed by the organization in charge of the technology transfer and industrialization established within the national and public schools pursuant to Article 11 (1) of the Technology Transfer and Commercialization Promotion Act);

5. A patent application filed by an enterprise confirmed as a venture business under Article 25 of the Act on Special Measures for the Promotion of Venture Businesses;

5-2. A patent application filed by an enterprise selected as a technology-innovative small and medium enterprise under Article 15 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises;

5-3. A patent application filed by an enterprise selected as an exemplary company in terms of the employee invention compensation system under Article 11-2 of the Invention Promotion Act;

5-4. A patent application filed by a small or medium enterprise with the certification for management of intellectual property under Article 24-2 of the Invention Promotion Act;

Article 10(Decision on Expedited Examination) #

(1) Any person who applies for an expedited examination shall file with the Commissioner of the Korean Intellectual Property Office an application for an expedited examination prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 6, 1993; Jun. 3, 1996; Jun. 30, 1999; Feb. 29, 2008; Mar. 23, 2013>

(2) The Commissioner of the Korean Intellectual Property Office shall, upon receipt of an application for an expedited examination under paragraph (1), decide whether to conduct the expedited examination.

(3) Matters necessary for the decision on an expedited examination referred to in paragraph (2) shall be determined by the Commissioner of the Korean Intellectual Property Office.

Article 11(Classification Criteria of Patent Application Related to National Defense) #

The Commissioner of the Korean Intellectual Property Office shall determine the classification criteria necessary for selection of inventions to be treated as confidential under Article 41 (1) of the Act (hereinafter referred to as "classification criteria") after consulting with the Commissioner of the Defense Acquisition Program Administration. <Amended on Sep. 28, 2006>

Article 12(Procedure for Confidential Treatment) #

(1) If a patent application filed by a person having a domicile or business place in the Republic of Korea is conformed to the classification criteria as prescribed in Article 11, the Commissioner of the Korean Intellectual Property Office shall refer the Commissioner of the Defense Acquisition Program Administration to whether it is required to classify and treat such application as confidential. <Amended on Sep. 28, 2006>

(2) Where the Commissioner of the Korean Intellectual Property Office has made a reference to the Commissioner of the Defense Acquisition Program Administration under paragraph (1), he or she shall notify an inventor, applicant and agent of the patent application, and a person who is deemed aware of the invention (hereinafter referred to as "inventor, etc.") of such fact, and request them to maintain the confidentiality thereof. <Amended on Sep. 28, 2006>

(3) The Commissioner of the Defense Acquisition Program Administration shall, upon receipt of a reference under paragraph (1), make a reply within two months, and if it is deemed necessary to treat the patent application as confidential, he or she shall request the Commissioner of the Korean Intellectual Property Office to classify and treat such patent application as confidential. <Amended on Sep. 28, 2006>

(4) Upon receipt of a request to classify and treat any patent application as confidential under paragraph (3), the Commissioner of the Korean Intellectual Property Office shall take necessary measures in conformity with the confidential service rules, and order the inventor, etc. of the patent application to classify and treat it as confidential, and if he or she is not requested so, he or she shall notify the inventor, etc. of the patent application of a cancellation of the request for maintenance of confidentiality as referred to in paragraph (2). <Amended on Jan. 31, 2005>

(5) Upon receipt of a reply of the Commissioner of the Defense Acquisition Program Administration under paragraph (3), the Commissioner of the Korean Intellectual Property Office shall issue an order to classify and treat the patent application as confidential, or notify a cancellation of the request for maintenance of confidentiality under paragraph (4) without delay. <Amended on Sep. 28, 2006>

Article 13(Cancellation of Confidential Treatment) #

(1) With respect to a patent application which is ordered to be classified and treated as confidential under Article 12 (4), the Commissioner of the Korean Intellectual Property Office shall take necessary measures after consulting twice or more each year with the Commissioner of the Defense Acquisition Program Administration on the cancellation of confidentiality, extension of confidential maintenance period or whether to change the confidential level. <Amended on Sep. 28, 2006>

(2) An inventor, etc. who is ordered to classify and treat a patent application as confidential under Article 12 (4), may request the Commissioner of the Korean Intellectual Property Office to release it from confidential treatment, to change the confidential level or to publish or license the invention to which a patent is applied, in a specified limit.

Article 14(Compensation) #

(1) A patent applicant may request to the Commissioner of the Defense Acquisition Program Administration for a compensation for losses arising from the prohibition of a patent application from being filed in a foreign country or by being treated as confidential(hereinafter referred to as "compensation") under Article 41 (3) of the Act. <Amended on Jun. 27, 2001; Sep. 28, 2006>

(2) If a patent applicant requests a compensation under paragraph (1), he or she shall submit a written request for compensation and documentary evidence proving the losses.

(3) Upon receipt of a request for compensation under paragraph (1) from a patent applicant, the Commissioner of the Defense Acquisition Program Administration shall determine and pay the amount of compensation, and if necessary, he or she may consult with the Commissioner of the Korean Intellectual Property Office. <Amended on Sep. 28, 2006>

Article 15(Prohibition of Patent Application from Being Filed in Foreign Country and Permission Thereof) #

(1) If an invention for which a patent application is filed by a person having the domicile or business office in the Republic of Korea, is demanded by the Commissioner of the Korean Intellectual Property Office to be maintained as confidential under Article 12 (2), or is ordered to be classified and treated as confidential under paragraph (4) of the same Article, such person may file a patent application in any foreign country only when it is permitted by the Commissioner of the Korean Intellectual Property Office.

(2) A person who intends to apply for permission to file a patent application in a foreign country shall submit to the Commissioner of the Korean Intellectual Property Office a written application prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 6, 1993; Jun. 3, 1996; Jun. 30, 1999; Feb. 29, 2008; Mar. 23, 2013>

Article 16(Consultations with Commissioner of Defense Acquisition Program Administration) #

If the Commissioner of the Korean Intellectual Property Office intends to grant permission under any of the following subparagraphs, he or she shall first consult with the Commissioner of the Defense Acquisition Program Administration: <Amended on Sep. 28, 2006>

1. Permission on a publication or license of an invention classified and treated as confidential under Article 13 (2) in a specified limit;

2. Permission on a patent application in a foreign country under Article 15 (2).

[Title Amended on Sep. 28, 2006]

Article 17 #

Deleted. <Jun. 28, 2007>

Article 18(Service of Documents) #

(1) Except in cases where the documents to be served under the Act are directly received by the party or his or her agent at the Korean Intellectual Property Office or the Korean Intellectual Property Trial and Appeal Board or received by utilizing the information and communication networks, such documents shall be sent by registered mail. <Amended on Dec. 31, 1993; Jun. 26, 1997; Jun. 27, 2001; Jun. 28, 2007>

(2) Where the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board has served the documents pursuant to paragraph (1), he or she shall keep a receipt or its details according to any of the following: <Amended on Jun. 27, 2001>

1. Where a party or his or her agent receives the documents directly at the Korean Intellectual Property Office or the Korean Intellectual Property Trial and Appeal Board, the receipt specifying the date of receipt and the name of recipient;

2. Where a party or his or her agent receives the documents by utilizing the information and communication networks, the details written in a file for receipt saved on a computer system operated by the Korean Intellectual Property Office or the Korean Intellectual Property Trial and Appeal Board;

3. Where the documents are sent by registered mail, the receipt of the registered mail.

(3) If the certified copies of an adjudication or decision of trial, review, ruling on the establishment of non-exclusive license and revocation of patent right are served, it shall be made by a special service method as prescribed by the Postal Service Act and its Enforcement: Provided, That when such copies are delivered to persons who have reported on the use of electronic documents under Article 28-4 (1) of the Act, the information and communications network may be used. <Amended on Dec. 31, 1993; Jun. 26, 1997; Jun. 30, 1999; Sep. 28, 2006; Feb. 22, 2011>

(4) Except as otherwise provided in the Act or this Decree, a certified copy of the document concerned shall be delivered to the person to whom it is to be served, and if a protocol is prepared in lieu of presentation of the document to be served, a certified copy or abstract of such protocol shall be delivered.

(5) Any service to a person falling under the main clause of Article 3 (1) of the Act shall be made to his or her legal representative.

(6) If several persons jointly exercise the agency authority, it shall be sufficient to serve it to one of them. <Amended on Dec. 31, 1993; Feb. 22, 2011>

Article 19(Patent Gazette) #

(1) The Patent Gazette under Article 221 (1) of the Act shall be divided into the patent gazette for registration and the patent gazette for publication. <Amended on Dec. 30, 2014>

(2) "Matters specified by Presidential Decree" in Article 87 (3) 8 of the Act means the following matters: <Amended on Jan. 10, 2017>

1. Classification code;

2. Matters concerning an invention deemed not publicly known under Article 30 of the Act;

3. The specification and drawings attached to a patent application (referring to the specification and drawings attached at the time of the registration of the grant of the patent under Article 87 (2) of the Act);

4. Matters concerning divisional patent applications or converted patent applications;

5. Matters concerning a priority claim;

6. The laying-open number of patent application and its date of laying-open;

7. Matters concerning ex officio amendments under Article 66-2 of the Act;

8. The details of correction made pursuant to Article 132-3, 133-2, 136, or 137 of the Act;

9. Other matters that the Commissioner of the Korean Intellectual Property Office deems necessary.

(3) The patent gazette for publication shall contain the following matters: Provided, That matters that are considered likely to disrupt public order or morality or harm public hygiene shall not be published: <Amended on Jun. 30, 1999; Jun. 27, 2001; Jun. 13, 2003; Sep. 28, 2006; Jun. 28, 2013; Dec. 30, 2014>

1. Matters set forth in accordance with the following classifications:

(a) Where a patentee is a natural person: The name and domicile of a patentee;

(b) Where a patentee is a juristic person: The name of a juristic person and the location of its business office;

2. An application number, classification code, and date of application;

3. The name and domicile of an inventor;

4. The laying-open number of patent application and its date of laying-open;

5. The specification and drawings attached initially to a patent application: Provided, That the following specification (referring to the description of the invention and claims in cases of an international patent application written in a foreign language; hereafter the same shall apply in this subparagraph) and drawings shall be published, if the specification and drawings are attached to a patent application written in any language other than Korean under Article 42-3 (1) of the Act (hereinafter referred to as "patent application in a foreign language") or to an international patent application written in any language other than Korean under Article 199 (1) of the Act (hereinafter referred to as "international patent application in a foreign language"):

Article 19-2(Processing of Personally Identifiable Information) #

If the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board deems it unavoidable to carry out the following administrative affairs, he or she may process data containing a resident registration number or a foreigner registration number under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. Administrative affairs for giving an identification number under Article 28-2 of the Act;

2. Administrative affairs relating to patent application under Article 42 of the Act;

3. Administrative affairs relating to the examination and preservation of evidence under Article 157 of the Act;

4. Administrative affairs relating to the submission, etc. of documents under Article 222 of the Act;

5. Other administrative affairs relating to the filing, reporting, or submission in connection with application, examination, trial, and registration under the Act and this Decree.

[This Article Newly Inserted on Jan. 6, 2012]

Article 20(Imposition of Administrative Fines) #

The criteria for the imposition of administrative fines under Article 232 (1) of the Act are as specified in the attached Table. <Amended on Dec. 2, 2011>

[This Article Wholly Amended on Sep. 30, 2008]