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Patent Act (Republic of Korea)
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- CHAPTER I GENERAL PROVISIONS
- Purpose
- Definitions
- Capacity of Minors etc.
- Associations etc. which are Not Juridical Persons
- Patent Administrator for Overseas Residents
- Scope of Authority of Representation
- Proof of Authority of Representation
- Ratification Regarding Defect in Legal Capacity, etc.
- Non-extinction of Authority of Representation
- Independence of Representation
- Replacement of Representatives etc.
- Representation of Two or More Persons
- Mutatis Mutandis Application of the Civil Procedure Act
- Venue of Overseas residents
- Calculation of Time Periods
- Extension of Time Periods etc.
- Invalidation of Procedure
- Subsequent Completion of Procedure
- Succession of Procedural Effects
- Continuation of a Procedure
- Interruption of a Procedure
- Resumption of an Interrupted Procedure
- Request for a Resumption
- Suspension of a Procedure
- Effects of an Interruption or Suspension
- Capacity of Foreigners
- Effects of a Treaty
- Article 27 Deleted
- Effective Date of Submitted Documents
- Entry of Identification Number
- Undertaking Patent-related Procedures by Electronic Documents
- Report on Use of Electronic Documents and Electronic Signatures
- Conduct of Notification etc. through an Information Communication Network
- CHAPTER II REQUIREMENTS FOR PATENT REGISTRATION ANDPATENT APPLICATIONS
- Requirements for Patent Registration
- Inventions Not Deemed to be Publicly Known etc.
- Article 31 Deleted
- Unpatentable Inventions
- Persons Entitled to Obtain a Patent
- Patent Application Filed by an Unentitled Person and Protection of the LawfulHolder of a Right
- Patent Granted to an Unentitled Person and Protection of the Lawful Holder of aRight
- First-to-File Rule
- Transfer of the Right to Obtain a Patent etc.
- Succession to the Right to Obtain a Patent
- Article 39 Deleted
- Article 40 Deleted
- Inventions Necessary for National Defense etc.
- Patent Application
- Abstract
- Joint Applications
- Scope of a Single Patent Application
- Amendment of Procedure
- Amendment of Patent Application
- Article 48 Deleted
- Article 49 Deleted
- Article 50 Deleted
- Dismissal of an Amendment
- Divisional Application
- Converted Application
- Priority Claim under Treaty
- Priority Claim Based on a Patent Application etc
- Withdrawal of an Earlier Application etc.
- CHAPTER III EXAMINATION
- Examination by Examiner
- Search for Prior Art etc.
- Cancellation of the Designation of a Specialized Organization
- Request for an Examination of a Patent Application
- Procedure for Requesting an Examination
- Accelerated Examination
- Decision to Reject a Patent Application
- Notification of Grounds for Rejection
- Provision of Information on Patent Applications
- Laying Open of Application
- Effects of Laying Open of Application
- Decision to Grant a Patent
- Amendment Ex officio
- Formalities for a Decision of Patentability
- Request for Reexamination
- Mutatis Mutandis Application of Provisions Concerning Trial to Examination
- Article 69 Deleted
- Article 70 Deleted
- Article 71 Deleted
- Article 72 Deleted
- Article 73 Deleted
- Article 74 Deleted
- Article 75 Deleted
- Article 76 Deleted
- Article 77 Deleted
- Suspension of Examination or Litigation Procedures
- Article 78bis Deleted
- CHAPTER IV PATENT FEES AND PATENT REGISTRATIONS ETC.
- Patent Fees
- Payment of Patent Fees by Interested Party
- Late Payment of Patent Fees etc.
- Remainder Payment of Patent Fees
- Restoration etc. of a Patent Application and Patent Right by Late Payment or Remainder Payment of Patent Fees
- Official Fees
- Reduction or Exemption of Patent Fees or Official Fees
- Refund of Patent Fees etc.
- Patent Register
- Issuance of a Patent Registration Certificate
- CHAPTER V PATENT RIGHT
- Registration of Establishment of a Patent Right and the Publication ofRegistration
- The Term of a Patent Right
- Extension of the Term of a Patent Right
- Application to Register an Extension of the Term of a Patent Right
- Decision to Reject an Application to Register an Extension of the Term of a Patent Right
- Decision etc. to Register an Extension of the Term of a Patent Right
- Mutatis Mutandis Application of Provisions
- Effects of Patent Right
- Effects of Patent Right with an Extended Term
- Limitations on a Patent Right
- Scope of Protection of Patented Invention
- Relation to Patented Invention etc. of Another Person
- Transfer and Joint Ownership of a Patent Right
- Exclusive License
- Effects of Registration of a Patent Right and an Exclusive License
- Non-exclusive License
- Non-exclusive License by Prior Use
- Non-exclusive License Due to Working before Registration of a Request for an Invalidation Trial
- Non-exclusive License after a Term of a Design Right Expires
- Expropriation of Patent Right etc.
- Award for the Grant of a Non-exclusive License
- Submission of Response
- Hearing of Opinion of the Intellectual Property Rights Dispute Committee and the Heads of Relevant Authorities
- Formalities etc. of Award
- Delivery of Certified Copies of Award
- Changes of the Award Document
- Deposit of Remuneration
- Lapse of Award
- Cancellation of an Award
- Restriction on Reasons for Objections to an Award
- Cancellation of a Patent Right
- Article 117 Deleted
- Effects of Registration of a Non-exclusive License
- Restriction on Abandonment of a Patent Right etc.
- Effects of Abandonment
- Pledge
- Non-exclusive License Incidental to Transfer of Patent Right by Exercise of a Pledge
- Subrogation of Pledge
- Extinguishment of a Patent Right in the Absence of a Successor
- Report on Working a Patent
- The Title of Execution on Amount of Compensation and Remuneration
- CHAPTER VI PROTECTION OF PATENTEE
- CHAPTER VII TRIAL
- The Intellectual Property Tribunal
- Trial against a Decision to Reject a Patent Application etc.
- Article 132 quater Deleted
- Invalidation Trial of a Patent
- Correction of a Patent during an Invalidation Trial
- Invalidation Trial of Registration of Extension of the Term of a Patent Right
- Trial to Confirm the Scope of a Patent Right
- Trial for a Correction
- Trial for Invalidation of Correction
- Trial for Granting a Non-exclusive License
- Request for a Joint Trial etc.
- Formal Requirements of a Request for a Trial
- Formal Requirements of a Request for a Trial against a Decision to Reject aPatent Application
- Dismissal of a Request for a Trial by a Ruling
- Dismissal of a Request for a Trial Containing Incurable Defects by a Trial Decision
- Administrative Patent Judges
- Designation of Administrative Patent Judges
- Presiding Administrative Patent Judge
- Board for a Trial
- Submission of a Written Response etc.
- Exclusion of an Administrative Patent Judge
- Request for Exclusion
- Recusation of an Administrative Patent Judge
- Indication of Grounds for Exclusion or Recusation
- Ruling on a Petition for Exclusion or Recusation
- Suspension of Trial proceedings
- Administrative patent judges Recusing Themselves
- Trial Proceedings etc.
- Intervention
- Request for an Intervention and Ruling thereon
- Taking and Preserving Evidence
- Continuation of Trial Proceedings
- Ex officio Trial Proceedings
- Joint or Separate conduct of Trial Proceedings or Trial Decisions
- Withdrawal of a Request for a Trial
- Trial Decision
- Res Judicata
- Relation to Litigation
- Costs of a Trial
- Title of Enforcement of Costs or Remuneration
- Article 167 Deleted
- Article 168 Deleted
- Article 169 Deleted
- Special Provisions for a Trial against a Decision to Reject a Patent Application
- Effects of Examination Proceedings
- Articles 173 Deleted
- Articles 174 Deleted
- Articles 175 Deleted
- Cancellation of a Decision of Rejection etc.
- Article 177 Deleted
- CHAPTER VIII RETRIAL
- Request for a Retrial
- Request for a Retrial on Trial Decision of Fraudulent
- Period for Requesting a Retrial
- Restriction on Effects of a Patent Right Restored by a Retrial
- Non-exclusive License for Prior User of a Patent Right Restored by a Retrial
- Non-exclusive License for Person Deprived of a Non-exclusive License by a Retrial
- Mutatis mutandis Application of Provisions on Trial to Retrial
- Mutatis mutandis Application of the Civil Procedure Act
- CHAPTER IX LITIGATION
- Action against a Trial Decision etc.
- Qualification for Defendant
- Notification of Institution of Action and Delivery of Original Copy of Judgment
- Exclusion or Recusation of a Technical Examiner
- Cancellation of a Trial Decision or Ruling
- Action against Decision on Amount of Compensation or Remuneration
- Defendant in an Action Related to Compensation or Remuneration
- Compensation for Patent Attorneys and Costs of Litigation
- CHAPTER X INTERNATIONAL APPLICATIONS UNDER THEPATENT COOPERATION TREATY
- Part I. International Application Procedure
- Persons Capable of International Application
- International Application
- Establishment etc. of the Filing Date of an International Application
- Order to Amendment
- International Application Deemed to have been Withdrawn
- Common Representative etc.
- Official Fees
- International Search and International Preliminary Examination
- Part II. Special Provisions on International Patent Applications
- Patent Application Based on an International Application
- Special Provision Concerning Inventions Not Deemed to be Publicly Known etc.
- Translation of International Patent Applications
- Special Provisions on Priority Claim
- Submission of Documents
- Amendment after Receipt of the International Search Report
- Amendment before Establishment of the International Preliminary Examination Report
- Special Provision on Patent Administrator for Overseas Residents
- Special Provision on the Time and Effect of Laying Open an Application
- Special Provision on Amendment
- Restriction on Time of Conversion of Application
- Restriction on time of a Request for an Examination
- Order Concerning Submission of Documents Cited in the International Search Report etc.
- Article 212 Deleted
- Special Provisions on an Invalidation Trial of a Patent
- International Application Deemed to be a Patent Application by a Ruling
- Part I. International Application Procedure
- CHAPTER XI SUPPLEMENTARY PROVISIONS
- Special Provisions for a Patent or Patent Right with Two or More Claims
- Special Provisions for Registering a Patent Application with Two or More Claims
- Inspection of Documents etc.
- Prohibition on Opening or Carrying out Documents Related to a PatentApplication, Examination, Trial, Retrial or the Patent Register etc.
- Agency for Digitizing Patent Documents
- Delivery of Documents
- Delivery by Public Notification
- Delivery of Documents to Overseas Residents
- Patent Gazette
- Submission of Documents etc.
- Patent Indication
- Prohibition of False Indication
- Restriction on Appeal
- CHAPTER XII PENAL PROVISIONS
- ADDENDA
- ADDENDUM
- Article 1 Date of Entry into Force
- Article 2 General Transitional Measures
- Article 3 Transitional Measures on Patent Applications etc.
- Article 4 Transitional Measures on Trials Related to the Granting of a Patent Right
- Article 5 Transitional Measures on the Submission of Priority Documents for Inventions under the Treaty
- Article 6 Transitional Measures on the Dismissal of Amendments
- Article 7 Transitional Measures on the Term of a Patent Right
- Article 8 Transitional Measures on Expropriation of a Patent Right
- Article 9 Transitional Measures on the Procedure and Expenses of Trials and Compensation for Damages etc.
- ADDENDUM (Government Organization Act)
- ADDENDUM
- ADDENDUM (Invention Promotion Act)
- ADDENDUM
- ADDENDUM
- Article 1 Date of Entry into Force
- Article 2 Transitional Measures on the Invention of Substances to be Manufactured by a Nuclear Conversion Method
- Article 3 Transitional Measures on the Term of a Patent Right
- Article 4 Special Case of Recognizing an Ordinary License for those Preparing an Working Project
- Article 5 Transitional Measures on the Procedure and Expenses of Trials and Liability for Damages etc.
- ADDENDUM
- ADDENDUM
- ADDENDUM (National Basic Living Security Act)
- ADDENDUM
- ADDENDUM
- ADDENDUM (Civil Procedure Act)
- ADDENDUM
- ADDENDUM (Civil Act)
- ADDENDUM
- ADDENDUM (Invention Promotion Act)
- ADDENDUM
- Article 1 Date of Entry into Force
- Article 2 Application Examples on Patent Requirements, etc.
- Article 3 Application Examples on the Refund of Patent Fees
- Article 4 Application Examples on the Modification of a Patent Invalidation Trial
- Article 5 Application Examples on Remuneration for Patent Attorneys
- Article 6 General Transitional Measures
- Article 7 Transitional Measures Regarding Abolishment of Opposition to Patents
- ADDENDUM (Act on Promotion of the Digitization of Administrative Affairs, etc. for the Creation of Electronic Government)
- ADDENDUM
- Article 1 Date of Entry into Force
- Article 2 Application Examples on Patent Applications, etc.
- Article 3 Application Examples on Cancellation of the Designation as a Specialized Search Organization
- Article 4 Application Examples on the Refund of Fees for Patent Applications, etc.
- Article 5 Application Examples on Patent Correction in a Patent Invalidation Trial
- Article 6 Application Examples on Correction of Descriptions and Drawings in a Trial to Confirm the Scope of Rights
- Article 7 General Transitional Measures
- ADDENDUM (Invention Promotion Act)
- ADDENDUM
- ADDENDUM
- Article 1 Date of Entry into Force
- Article 2 Special Examples on Patent Requirements, etc., for International Patent Applications filed in Korean
- Article 3 Special Examples on Amendments, etc., made to Patent Applications
- Article 4 Special Examples on a Request for Retrial
- Article 5 Special Examples on Divisional Applications
- Article 6 Special Examples on Amendment Ex Officio, etc.
- Article 7 Special Examples on Late Payment, Remainder on Payment of Patent Fees, etc.
- Article 8 Special Examples on the Application to Register an Extension of theTerm of a Patent Right.
- Article 9 Special Examples on an Amendment Made to a Request for Trial, etc.
- Article 10 General Transitional Measures
- Article 11 Amendment to Other Acts
- ADDENDUM
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