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Korean Intellectual Property Office INDUSTRIAL PROPERTY LAWS of the REPUBLIC of KOREA

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Korean Intellectual Property Office INDUSTRIAL PROPERTY LAWS of the REPUBLIC of KOREA www.kipo.go.kr 2007 Korean Intellectual Property Office INDUSTRIAL PROPERTY LAWS OF THE REPUBLIC OF KOREA 2007 INDUSTRIAL PROPERTY LAWS OF THE REPUBLIC OF KOREA 2007 PATENT ACT ···························································································· 1 UTILITY MODEL ACT ······································································ 127 TRADEMARK ACT ············································································· 161 INDUSTRIAL DESIGN PROTECTION ACT ··································· 251 UNFAIR COMPETITION PREVENTION AND TRADE SECRET PROTECTION ACT ············································· 315 SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT DESIGN ACT ····································································· 331 PATENT ACT 1 Patent Act PATENT ACT Military Act No. 950, Promulgated on December 31, 1961 As last amended by Act No. 8462, May 17, 2007 TABLE OF CONTENTS CHAPTER I : General Provisions Article 1 Purpose ········································································································· 13 Article 2 Definitions ··································································································· 13 Article 3 Capacity of Minors etc ·············································································· 13 Article 4 Associations etc. Other than a Legal Entity ··········································· 13 Article 5 Patent Administrator for Nonresidents ····················································· 14 Article 6 Scope of Power of Attorney ····································································· 14 Article 7 Proof of Power of Attorney ····································································· 14 Article 7bis Ratification Regarding Defect in Legal Capacity, etc. ·························· 14 Article 8 Continuation of Power of Attorney ························································· 15 Article 9 Independence of Representation ································································ 15 Article 10 Replacement of Agents etc. ······································································ 15 Article 11 Representation of Two or More Persons ················································· 16 Article 12 Mutatis Mutandis Application of the Civil Procedure Act ··················· 16 Article 13 Venue of Nonresidents ··············································································· 16 Article 14 Calculation of Time Limits ······································································· 16 Article 15 Extension of Time Limits etc. ·································································· 17 Article 16 Invalidation of Procedure ··········································································· 17 Article 17 Subsequent Completion of Procedure ······················································· 18 Article 18 Succession of Procedural Effects ······························································ 18 Article 19 Continuation of a Procedure by a Successor ········································· 18 Article 20 Interruption of a Procedure ······································································· 18 Article 21 Resumption of an Interrupted Procedure ················································· 19 Article 22 Request for a Resumption ········································································· 19 Article 23 Suspension of a Procedure ········································································ 20 Article 24 Effects of an Interruption or Suspension ················································ 20 Article 25 Capacity of Foreigners ··············································································· 20 Article 26 Effects of a Treaty ····················································································· 21 Article 27 Deleted ········································································································· 21 Article 28 Effective Date of Submitted Documents ················································· 21 3 Patent Act Article 28bis Entry of Identification Number ······························································ 22 Article 28ter Procedure for Filing Patent Applications by Electronic Means ········· 22 Article 28quater Report on Use of Electronic Documents and Electronic Signatures ···························································································· 23 Article 28quinquies Notification etc. through a Communication Network ··············· 23 CHAPTER II : Requirements for Patent Registration and Patent Applications Article 29 Requirements for Patent Registration ······················································· 24 Article 30 Inventions Not Considered to be Publicly Known etc. ························· 25 Article 31 Deleted ········································································································· 25 Article 32 Unpatentable Inventions ············································································· 25 Article 33 Persons Entitled to Obtain a Patent ························································· 26 Article 34 Patent Application Filed by an Unentitled Person and Protection of the Lawful Holder of a Right ····························································· 26 Article 35 Patent Granted to an Unentitled Person and Protection of the Lawful Holder of a Right ········································································· 26 Article 36 First-to-File Rule ························································································· 26 Article 37 Transfer of the Right to Obtain a Patent etc. ········································ 27 Article 38 Succession to the Right to Obtain a Patent ··········································· 27 Article 39 Deleted ········································································································· 28 Article 40 Deleted ········································································································· 28 Article 41 Inventions Necessary for National Defense etc. ····································· 28 Article 42 Patent Application ······················································································· 29 Article 43 Abstract ········································································································ 31 Article 44 Joint Applications ······················································································· 31 Article 45 Scope of a Patent Application ·································································· 31 Article 46 Amendment of Procedure ·········································································· 31 Article 47 Amendment of Patent Application ··························································· 31 Article 48 Deleted ········································································································· 32 Article 49 Deleted ········································································································· 32 Article 50 Deleted ········································································································· 32 Article 51 Rejection of an Amendment ····································································· 32 Article 52 Divisional Application ················································································ 33 Article 53 Converted Application ················································································ 33 Article 54 Priority Claim Under Treaty ····································································· 34 Article 55 Priority Claim Based on a Patent Application etc. ······························· 35 Article 56 Withdrawal of an Earlier Application etc. ·············································· 37 4 Patent Act CHAPTER III : Examination Article 57 Examination by Examiner ········································································· 37 Article 58 Search for Prior Art etc. ··········································································· 38 Article 58bis Cancellation of the Designation of a Specialized Search Organization ······························································································ 38 Article 59 Request for an Examination of a Patent Application ···························· 38 Article 60 Procedure for Requesting an Examination ·············································· 39 Article 61 Preferential Examination ············································································ 39 Article 62 Decision to Refuse a Patent ····································································· 40 Article 63 Notification of Reasons for Refusal ························································· 40 Article 63bis Provision of Information on Patent Applications ································· 40 Article 64 Laying Open of Application ····································································· 41 Article 65 Effects of Laying Open of Application ··················································· 41 Article 66 Decision to Grant a Patent ······································································· 42 Article 67 Formalities for a Decision of Patentability ············································· 42 Article 68 Mutatis Mutandis Application of Provisions Concerning Trial to
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