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