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  CHAPTER I : General Provisions

Article 1 【Purpose】

The purpose of this Law shall be to encourage, protect and utilize inventions, thereby improving and developing technology, and to contribute to the development of industry.

Article 2 【Definitions】

The definitions of terms used in this Law shall be as follows:
(ⅰ) "invention" means the highly advanced creation of technical ideas utilizing rules of nature;
(ⅱ) "patented invention" means an invention for which a patent has been granted; and (ⅲ) "working" means any one of the following acts:
(a) in the case of an invention of a product, acts of manufacturing, using, assigning, leasing, importing, or offering for assigning or leasing (including displaying for the purpose of assignment or lease) the product;
(b) in the case of an invention of a process, acts of using the process; and
(c) in the case of an invention of a process of manufacturing a product, acts of using, assigning, leasing, importing, or offering for assigning or leasing the product manufactured by the process, in addition to the acts mentioned in subparagraph (b).

Article 3 【Capacity of Minors, etc.】

(1) Minors, limited-competents and incompetents shall not initiate a procedure for filing an application, requesting examination, or others relating to a patent (hereinafter referred to as "procedure relating to a patent") unless represented by their legal representatives. However, this provision shall not apply where a minor or a limited competent can perform a legal act independently.

(2) The legal representative as referred to in paragraph (1) may, without the consent of the family council, act in any opposition, trial, or retrial procedure relating to a patent initiated by another party.

(3) Procedures relating to a patent, initiated by a person who lacks the requisite power of legal representation or competence or delegation necessary to initiate any such procedures, shall have retroactive effect if they are ratified by a person having such power of representation or competence.

Article 4 【Associations, etc., Other than Legal Entity】

A representative or an administrator, who has been so designated by an association or a foundation which is not a legal entity, may make a request for examination of a patent application, file an opposition to the grant of a patent, or appear as a plaintiff or defendant in a trial or a retrial in its own name.

Article 5 【Patent Administrator for Nonresidents】

(1) A person who has neither an address nor a place of business in the Republic of Korea (hereinafter referred to as a "nonresident") may not, except in cases where an application for registration under paragraph (3) has been made, or a Presidential Decree otherwise prescribes, initiate any procedure relating to a patent, nor appeal against any decision taken by an administrative agency in accordance with this Law or any decree thereunder, unless he is represented by an agent with respect to his patent, who has an address or a place of business in the Republic of Korea (hereinafter referred to as "patent administrator").

(2) The patent administrator shall, in addition to the powers specially conferred on him, represent the principal in all procedures relating to a patent and in any appeal against a decision taken by an administrative agency in accordance with this Law or any decree thereunder.

(3) If a nonresident is the holder of a patent or has a registered right in a patent, the appointment or change of his patent administrator, or the grant of a power of attorney or the extinguishment thereof, shall not be effective against any third party unless it is registered.

(4) When a nonresident intends to register the establishment of a patent right or during the term of a patent right, he shall appoint and register a patent administrator, as provided for in paragraph (1).

Article 6 【Scope of Powers of Attorney】

An agent, who is instructed to initiate a procedure relating to a patent before the Korean Industrial Property Office by a person who is domiciled or has his place of business in the Republic of Korea shall not, unless expressly so empowered, abandon or withdraw an application for a patent, withdraw an application for registration of an extension of the term of a patent right, withdraw a petition, withdraw a request for a motion, make or withdraw a priority claim under Article 55(1), request for a trial under Article 132ter and 132quater, or appoint a sub-representative.

Article 7 【Proof of Powers of Attorney】

An agent (including a patent administrator, the same being applicable hereafter) of a person who is initiating a procedure relating to a patent before the Korean Industrial Property Office, but who is not a person referred to in Article 5(3), shall present written proof of his power of attorney.

Article 8 【Non-extinguishment of Powers of Attorney】

The power of attorney of an agent of a person initiating a procedure relating to a patent shall not be extinguished upon the death or loss of legal capacity of the principal, the extinguishment of a legal entity of the principal due to a merger, the termination of the duty of trust of the principal, the death or loss of legal capacity of the legal representative, or the modification or extinguishment of his power of attorney.

Article 9 【Independence of Representation】

Where two or more agents of a person initiating a procedure relating to a patent have been designated, each of them shall independently represent the principal before the Korean Industrial Property Office or the Industrial Property Tribunal.

Article 10 【Replacement of Agents, etc.】

(1) If the Commissioner of the Korean Industrial Property Office or the presiding trial examiner considers that a person initiating a procedure relating to a patent is not qualified to conduct such a procedure or make oral statements, etc. he may order, ex officio, the appointment of an agent to conduct the procedure.

(2) If the Commissioner of the Korean Industrial Property Office or the presiding trial examiner considers that the agent of a person initiating a procedure relating to a patent is not qualified to conduct such a procedure or make oral statements, etc. he may order, ex officio, the replacement of the agent.

(3) The Commissioner of the Korean Industrial Property Office or the presiding trial examiner may, in the case referred to in paragraph (1) or (2) of this Article, order the appointment of a patent attorney to conduct the procedure.

(4) The Commissioner of the Korean Industrial Property Office or the presiding trial examiner may invalidate any action taken before the Korean Industrial Property Office or the Industrial Property Tribunal by the person initiating a procedure relating to a patent referred to in paragraph (1) of this Article or by the agent referred to in paragraph (2), of this Article prior to the appointment or the replacement of the agent, referred to under paragraph (1) or (2), respectively, after the issuance of an order referred to under paragraph (1) or (2).

Article 11 【Representation of Two or More Persons】

(1) Where two or more persons jointly initiate a procedure relating to a patent, each of them shall represent the joint initiators except for actions falling under any of the following subparagraphs; however, this provision shall not apply where those persons have appointed a common representative and have notified the appointment of the representative to the Korean Industrial Property Office or the Industrial Property Tribunal:
(ⅰ) abandonment or withdrawal of a patent application or withdrawal of an application for registration of an extension of term of a patent right;
(ⅱ) withdrawal of a petition; claim or withdrawal of a priority claim under Article 55(1);
(ⅲ) withdrawal of a request; and
(ⅳ) request for a trial under Article 132ter or 132quater.

(2) Where the common representative has been appointed and notified under the provision of paragraph (1), a written proof of the fact that the representative has been appointed shall be presented.

Article 12 【Mutatis Mutandis Application of Provisions of  the Code of Civil Procedure】

Except where there is an express provision relating to agents in the Patent Law, the provisions of Part I, Section 2, Subsection 4 of the Code of Civil Procedure shall apply mutatis mutandis to agents under this Law.

Article 13 【Venue of Nonresidents】

If a nonresident has appointed a patent administrator with respect to his patent right or other right relating to a patent, the domicile or place of business of the patent administrator shall be considered to be that of the nonresident. Where there is no such patent administrator, the location of the Korean Industrial Property Office shall be regarded as the seat of the property under Article 9 of the Code of Civil Procedure.

Article 14 【Calculation of Time Limits】

The time limits provided for in the Patent Law, or any decrees thereunder shall be calculated as follows:
(ⅰ) the first day of the period shall not be counted unless the period starts at midnight;
(ⅱ) if the period is expressed in months or years, it shall be counted according to the calendar;
(ⅲ) if the start of the period does not coincide with the beginning of a month or year, the period shall expire on the day preceding the date in the last month or year of the period corresponding to the date on which the period started; however, if there is no corresponding day in the last month, the period shall expire on the last day of that month; and
(ⅳ) if the last day of a period falls on an official holiday, including the Labor Day designated by the Labor Day Designation Law, the period shall expire on the working day following such holiday.

Article 15 【Extension of Time Limits, etc.】

(1) The Commissioner of the Korean Industrial Property Office or the President of the Industrial Property Tribunal may extend, for the benefit of a person residing in an area that is remote or difficult to access, the period for submitting an amendment of grounds for opposition according to Article 70(1) or the period for demanding a trial under Article 132ter or 132quater upon a request or ex officio.

(2) When the Commissioner of the Korean Industrial Property Office, the President of the Industrial Property Tribunal, a presiding trial examiner or an examiner has designated a time limit for a procedure relating to a patent to be initiated under the Patent Law, extend it upon a request or ex officio.

(3) When a presiding trial examiner or an examiner has designated a date for taking a procedure relating to a patent under the Patent Law, he may change the date upon a request or ex officio.

Article 16 【Invalidation of Procedure】

(1) When a person who has been notified to make an amendment in accordance with Article 46 fails to do so within the designated time limit, or when a person who intends to obtain the establishment of a patent right fails to pay the patent fee within the time limit as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy under Article 79(2), the Commissioner of the Korean Industrial Property Office or the President of the Industrial Property Tribunal may invalidate the procedure relating to the patent.

(2) When a procedure has been invalidated under paragraph (1), if the delay of the time is deemed to have been caused by a natural disaster or other unavoidable circumstances, the Commissioner of the Korean Industrial Property Office or the President of the Industrial property Tribunal may revoke a disposition of invalidation at the request of a person who received an invitation to amend or a person who intends to have the establishment of a patent right registered within fourteen days from the date on which the reasons for the delay ceased to exist. However, this provision shall not apply in a case where one year elapsed after the said period expires.

Article 17 【Subsequent Completion of Procedure】

If a person who initiated a procedure relating to a patent has failed to observe the time limit for requesting a trial under Article 132ter or 132quater, or the time limit for demanding a retrial under Article 180(1) due to a natural disaster or other unavoidable circumstances, he may subsequently complete the procedure within fourteen days after the said reason ceases to exist. However, this provision shall not apply in a case where one year has elapsed after the said period expires.

Article 18 【Succession of Procedural Effects】

The effects of a procedure taken in relation to a patent or other right relating to a patent shall extend to the successor in title.

Article 19 【Continuation of Procedure by Successor】

Where a patent right or other right relating to a patent is transferred while a procedure relating to the patent is pending before the Korean Industrial Property Office or the Industrial Property Tribunal, the Commissioner of the Korean Industrial Property Office or the presiding trial examiner may require the successor in title to continue the procedure relating to the patent.

Article 20 【Interruption of Procedure】

If any procedure relating to a patent pending before the Korean Industrial Property Office or the Industrial Property Tribunal falls under any of the following subparagraphs, it shall be interrupted, unless there is a representative authorized to conduct the procedure:
(ⅰ) when the party involved has died;
(ⅱ) when the legal entity involved has ceased to exist by reason of merger;
(ⅲ) when the party involved has lost the ability to conduct the procedure;
(ⅳ) when the legal representative of the party involved has died or lost his power;
(ⅴ) when the commission of a trustee given by the trust of the party involved has terminated; or
(ⅵ) where the representative as provided in the provisions of Article 11(1) has died or lost his qualification.

Article 21 【Resumption of an Interrupted Procedure】

When a procedure pending in the Korean Industrial Property Office or the Industrial Property Tribunal has been interrupted in the manner referred to in Article 20, any person who falls under any of the following subparagraphs shall resume the procedure:
(ⅰ) in the case as provided for under Article 20(i), the deceased person's successor, administrator of inheritance, or other person authorized to pursue the procedure under the Law; however, the deceased person's successor may not resume the procedure until such time as his right to succession is no longer subject to renunciation;
(ⅱ) in the case as provided for under Article 20(ii), the legal entity established by or existing after the merger;
(ⅲ) in the cases as provided for under Article 20(iii) and (iv), the party whose ability to take the necessary procedure has been restored or any person who becomes the legal representative of the party, respectively;
(ⅳ) in the case as provided for under Article 20(v), a new trustee; and
(ⅴ) in the case as provided for under Article 20(vi), a new representative or each joint initiator involved.

Article 22 【Request for Continuation】

(1) The request for continuation of an interrupted procedure under Article 20 may be made by an opposite party.

(2) When a request for continuation of an interrupted procedure interrupted under Article 20 is made, the Commissioner of the Korean Industrial Property Office or the presiding trial examiner shall notify the opposite party.

(3) The Commissioner of the Korean Industrial Property Office or the trial examiner shall, if it has been deemed that there are no grounds for granting the request for continuation of the interrupted procedure under Article 20, dismiss the request by decision after examining the request, ex officio.

(4) The Commissioner of the Korean Industrial Property Office or the trial examiner, shall decide, upon the request for continuation, whether to permit resumption of the interrupted procedure after a certified copy of the decision, ruling or trial decision was sent.

(5) If a person referred to in Article 21 does not take over the interrupted procedure, the Commissioner of the Korean Industrial Property Office or the trial examiner shall, ex officio, designate a period within which he shall resume such procedure.

(6) If no request for continuation has been made within the designated period provided in paragraph (5), it is considered that the continuation has been made on the day following the expiration of such designated period.

(7) If the Commissioner of the Korean Industrial Property Office or the presiding trial examiner deems that the continuation made in accordance with paragraph (6), he shall so notify the parties involved.

Article 23 【Suspension of Procedure】

(1) If the Commissioner of the Korean Industrial Property Office or the trial examiner is unable to carry out his duties due to a natural disaster or other unavoidable circumstances, the procedure pending in the Korean Industrial Property Office or the Industrial Property Tribunal shall be suspended until such impediments cease to exist.

(2) If a party involved is unable to pursue a procedure pending in the Korean Industrial Property Office or the Industrial Property Tribunal on account of impediments of indefinite duration, the Commissioner of the Korean Industrial Property Office or the trial examiner may order its suspension by decision.

(3) The Commissioner of the Korean Industrial Property Office or the trial examiner may cancel the decision issued under paragraph (2).

(4) If a procedure is suspended under paragraphs (1) or (2), or a decision is canceled under paragraph (3), the Commissioner of the Korean Industrial Property Office or the trial examiner shall so notify the parties involved.

Article 24 【Effects of Interruption or Suspension】

The interruption or suspension of a procedure relating to a patent pending in the Korean Industrial Property Office shall suspend the running of a term and the entire term shall start to run again from the time of the notification of the continuation or resumption of the procedure.

Article 25 【Capacity of Foreigners】

Foreigners who have neither an address nor a place of business in the Republic of Korea shall not enjoy patent rights or other rights relating to a patent, except as provided for in any one of the following subparagraphs:
(ⅰ) where their country allows nationals of the Republic of Korea to enjoy patent rights or other rights relating to a patent under the same conditions as its own nationals;
(ⅱ) where their country allows nationals of the Republic of Korea to enjoy patent rights or other rights relating to a patent under the same conditions as its own nationals in the case that the Republic of Korea allows their country's nationals to enjoy patent rights or other rights relating to a patent; or
(ⅲ) where they may enjoy patent rights or other rights relating to a patent according to a treaty or equivalents of a treaty (hereinafter referred to as "treaty").

Article 26 【Effects of Treaty】

Where a treaty contains special provisions relating to patents that are different from those of the Patent Law, such special provisions shall prevail.

Article 27 【Subsidies for Encouragement of Inventions】

The Government may grant a subsidy to encourage inventive activities under the conditions provided in the Presidential Decree.

Article 28 【Effective Date of Submitted Documents】

(1) Applications, demands or other documents (including articles, the same applying hereafter in this provision) submitted to the Korean Industrial Property Office or the Industrial Property Tribunal under the provisions of the Patent Law, or any decree thereunder, shall be effective as of the date on which they are delivered to the Korean Industrial Property Office or the Industrial Property Tribunal.

(2) Where applications, demands or other documents are submitted by mail to the Korean Industrial Property Office or the Industrial Property Tribunal, they are deemed to be delivered to the Korean Industrial Property Office or the Industrial Property Tribunal on the date as stamped by the mail service if the stamped date is clear; however, if such stamped date is unclear they are deemed to be delivered on the date when the mail was submitted to a post office, provided that such date is proved by a receipt therefor. However, this provision shall not apply in cases where written applications for registration of a patent right and other rights related thereto and documents concerning an international application under Article 2(vii) of the Patent Cooperation Treaty (hereinafter referred to as an "international application") are submitted by mail.

(3) deleted.

(4) Details concerning the submission of documents with regard to the delay of mail, loss of mail, or interruption of mail service, other than the provisions of paragraphs (1) to (2), shall be prescribed by the Ordinance of the Ministry of Commerce, Industry, and Energy.

Article 28bis 【Entry of Identification Number】

(1) A person who initiates a procedure for patent as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy (excluding a person to whom an identification number has already been granted under paragraph (2) or (3)), shall apply for the grant of his identification number to the Korean Industrial Property Office or the Industrial Property Tribunal.

(2) If any person makes an application under paragraph (1), the Commissioner of the Korean Industrial Property Office or the President of the Industrial Property Tribunal shall grant an identification number and notify him thereof.

(3) If a person who initiates a procedure for patent under paragraph (1) fails to apply for the grant of an identification number, the Commissioner of the Korean Industrial Property Office or the President of the Industrial Property Tribunal shall, ex officio, grant a identification number and notify him thereof.

(4) If a person to whom an identification number has been granted under paragraph (2) or (3) initiates a procedure for patent, he shall enter his identification number in any document as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy. In this case, notwithstanding the provisions of this Law or any decree thereunder, a domicile (a place of business and the name of the representative, in case of a legal entity) may not be entered in said document.

(5) The provisions of paragraphs (1) to (4) shall apply mutatis mutandis to an agent of a person who initiates a procedure for patent.

(6) An application for grant of an identification number, the grant and notification thereof or other matters necessary therefor shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.

Article 28ter 【Procedure for Filing Patent Applications by Means of Electronic Documents】

(1) A person who initiates a procedure for patent may, pursuant to such methods as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy, convert a written application for a patent or other documents as presented to the Commissioner of the Korean Industrial Property Office or the President of the Industrial Property Tribunal under this Law into electronic documents, and may present them through any computerized network or by a floppy disk in which they are written.

(2) Electronic documents as presented under paragraph (1) shall have the same effect as other documents presented under this Law.

(3) Electronic documents as presented through a computerized network under paragraph (1) shall, if a presenter thereof confirms a receipt number through a computer network, be deemed to have been received as contents written in a file of a computer system for receipt operated by the Korean Industrial Property Office or the Industrial Property Tribunal.

(4) The kinds of documents capable of being presented by means of electronic documents under paragraph (1) and the methods of such presentation or other necessary matters shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.

Article 28quater 【Report on Use of Electronic Documents and Electronic Signature】

(1) A person who intends to initiate a procedure for patent by means of electronic documents shall, in advance, report the use thereof to the Commissioner of the Korean Industrial Property Office or the President of the Industrial Property Tribunal, and shall affix his electronic signature so that the presenters may be discerned.

(2) Electronic documents as presented under Article 28ter shall be deemed to have been filed by the person who affixes his electronic signature under paragraph (1).

(3) Matters necessary for procedures of report on use of electronic documents and the methods of electronic signature as prescribed under paragraph (1), shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.

Article 28quinquies 【Notification, etc. through a Computerized Network】

(1) If the Commissioner of the Korean Industrial Property Office, the President of the Industrial Property Tribunal, a presiding trial examiner, a trial examiner, a presiding examiner, or an examiner intends to give notification and make transmission (hereinafter referred to as a "notification") of any pertinent documents to a person who reports the use of electronic documents under Article 28quater(1), he may do so through a computerized network.

(2) The notification of any pertinent documents given through a computerized network under paragraph (1) shall have the same effect as that given in writing.

(3) The notification of any pertinent documents under paragraph (1) shall, if it is written in a file of a computer system operated by a person who receives said notification, be deemed to reach as contents written in a file of a computer system for transmission operated by the Korean Industrial Property Office or the Industrial Property Tribunal.

(4) Matters necessary for the classification and the methods of such notification as given through a computerized network under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.