|
CHAPTER XI : Supplementary Provisions
Article
215 ¡¼Special Provisions for Patent or Patent Right with Two or
More Claims¡½
In the case of applying Articles 65(6), 74(3), 85(1)(i), 101(1)(i),
104(1)(i), (iii) and (v), 119(1), 133(2) and (3), 136(7), 139(1),
181, 182 of the Patent Law and Article 40(1)(ii), (iv) and (v)
of the Utility Model Law to a patent or patent right with two
or more claims, a patent shall be deemed to have been granted,
or a patent right to have been established, for each claim.
Article
216 ¡¼Inspection of Documents, etc.¡½
(1) A person who desires to receive a certificate for a patent
or a trial, a certified copy or extract of documents, or inspect
or copy the Patent Register or documents may request the Commissioner
of the Korean Industrial Property Office to that effect.
(2) The Commissioner of the Korean Industrial Property Office
shall not grant the request referred to in paragraph (1) if it
relates to a patent application that has not been published or
laid open for public inspection, or if it relates to matters liable
to contravene public order or morality.
Article
217 ¡¼Prohibition of Opening or Removal of Documents Relating
to Patent Application, Examination, Opposition, Trial, Retrial
or the Patent Register¡½
(1) The removal of documents relating to a patent application,
examination, opposition, trial, retrial or the Patent Register
shall be prohibited.
(2) A response shall not be given to a request for an expert opinion,
testimony or an inquiry as to the contents of a case that is in
the process of patent application, examination, opposition, trial,
retrial or as to the contents of an Examiner's decision, trial
decision or ruling.
Article
217bis ¡¼Agency for Computerizing Work of
Patent Documents¡½
(1) Where it is considered necessary to deal effectively with
patent, procedures the Commissioner of the Korean Industrial Property
Office may entrust any person who meets the standards as determined
by the Ordinance of the Ministry of Commerce, Industry and Energy
with the computerizing work for documents relating to patent applications,
examinations, patent oppositions, trials, retrials or the Patent
Register through an electronic data processing system.
(2) Article 217(1) shall not apply in the case where any documents
relating to patent applications, examinations, patent oppositions,
trials, retrials or the Patent Register are removed for the purpose
of entrusting the patent for documents computerizing work.
(3) A person who is or was an officer or employee of the person
who has been entrusted with the computerizing work of patent documents
pursuant to paragraph (1) (hereinafter referred to as the "agency
of computerizing patent documents") shall not divulge or appropriate
an invention disclosed in a pending application to which he had
access during the course of his duties.
(4) The Commissioner of the Korean Industrial Property Office
may pursuant to paragraph (1) computerize a written application
for a patent or other documents, as prescribed by the Ordinance
of the Ministry of Commerce, Industry and Energy, which
fail to be submitted with such electronic documents as prescribed
in Article 28ter(1), and may record them in a file of a
computer system operated by the Korean Industrial Property Office
or the Industrial Property Tribunal.
(5) The contents written in a file under paragraph (4) of this
Article shall be deemed to be the same as those entered in the
documents concerned.
(6) The method of carrying out the computerizing work of patent
documents as referred to in paragraph (1) and other matters necessary
for carrying out the computerizing work of patent documents,
shall be determined by the Ordinance of the Ministry of Commerce,
Industrial and Energy.
Article
218 ¡¼Transmittal of Documents¡½
In addition to the provisions in the Patent Law, matters relating
to the transmittal of documents and procedures of transmittal
shall be prescribed by Presidential Decree.
Article
219 ¡¼Service by Public Notification¡½
(1) In cases where service of documents cannot be made because
the domicile or place of business of a person to be served is
unclear, service shall be made by public notification.
(2) Service by public notification shall be implemented by publishing
a notice in the Patent Gazette to the effect that the documents
to be served will be delivered at any time to the person to be
served.
(3) The initial service by public notification shall come into
force after the expiry of two weeks from the date it is published
in the Patent Gazette; however, a subsequent service by public
notification on the same party shall come into force from the
date following its publication in the Patent Gazette.
Article
220 ¡¼Service to Nonresidents¡½
(1) For a nonresident having a patent administrator, documents
to be served to him shall be served to his patent administrator.
(2) For a nonresident without a patent administrator, documents
to be served to him shall be sent to him by registered airmail.
(3) When documents have been sent by registered airmail under
the provision of paragraph (2), such documents shall be deemed
to have been served on the mailing date.
Article
221 ¡¼Patent Gazette¡½
(1) The Korean Industrial Property Office shall publish the Patent
Gazette.
(2) The Patent Gazette may be published by the electronic media
under the conditions as determined by the Ordinance of the Ministry
of Commerce, Industry and Energy.
(3) In publishing the Patent Gazette by the electronic media,
the Commissioner of the Korean Industrial Property Office shall
make public matters regarding the fact of publication of the Patent
Gazette, its main contents, and service by public notification
through computerized network.
Article
222 ¡¼Submission of Documents, etc.¡½
The Commissioner of the Korean Industrial Property Office or examiner
may require a party concerned to submit documents and articles
necessary for dealing with proceedings other than those relating
to trial or retrial.
Article
223 ¡¼Patent Indication¡½
A patentee or an exclusive or non-exclusive licensee may indicate
an identification of the patent upon a patented product in the
case of an invention of a product or in the case of an invention
of process, on the manufactured product. If it is not possible
to place such an indication on the product, the identification
may be made on the container or package thereof.
Article
224 ¡¼Prohibition of False Indication¡½
No person shall be allowed to perform any of the following acts:
(¥¡) marking with an indication of a patent having been granted
or patent application having been filed, or any sign likely to
cause confusion therewith, on an article for which a patent has
not been granted, a patent application is not pending, or upon
an article manufactured by a process for which a patent has not
been granted or a patent application is not pending, or a container
or package thereof;
(¥¢) assigning, leasing or displaying an article which has been
marked with an indication referred to in subparagraph (i);
(¥£) for the purpose of manufacture, use, assignment or lease of
an article referred to in subparagraph (i), marking with an indication
upon advertisements, signboards or tags that a patent has been
granted, a patent application had been filed for it, that it has
been produced by a process for which a patent has been granted,
a patent application is pending, or marking with any sign likely
to cause confusion therewith; or
(¥¤) for the purpose of use, assignment or lease of a process for
which a patent has not been granted or a patent application is
not pending, marking with an indication, on advertisements, signboards
or tags, that a patent has been granted, a patent application
had been filed for the process, or marking with any sign likely
to cause confusion therewith.
Article
224bis ¡¼Restriction on Objection¡½
No objection may be raised against a decision to reject an amendment,
decision to grant a patent decision to revocate a patent, trial
decision, dismission of a request for trial or retrial under the
Administrative Trial Law, and no objection may be raised against
any disposition against which no objection may be raised under
this Law.
|
