|
 CHAPTER IV : Patent Fees and Patent Registrations, etc.
Article79 ¡¼Patent Fees¡½
(1) A person who wishes to register the establishment of a patent
right, or a patentee under Article 87(1), shall pay patent fees.
(2) Matters necessary to the payment of patent fees, including
the method and time limits for the payment of patent fees under
paragraph (1), shall be prescribed by the Ordinance of the Ministry
of Commerce, Industry and Energy.
Article 80¡¼Payment of Patent Fees by Interested Party¡½
(1) Regardless of the intent of a person liable to pay patent
fees under the terms of Article 79(1), any interested party may
pay the patent fees.
(2) An interested party who has paid the patent fees in accordance
with paragraph (1) may demand reimbursement of his expenses to
the extent that the person liable to pay is currently making a
profit.
Article81¡¼Late Payment of Patent Fees¡½
(1) A patentee or any person wishing to register the establishment
of a patent right may make late payments of the patent fees within
six months following the expiration of the payment period prescribed
under Article 79(2).
(2) Where patent fees are paid late under paragraph (1), an amount
equivalent to twice the patent fees shall be paid.
(3) If the patentee or person wishing to register the establishment
of a patent right does not pay the patent fees within the extended
period provided for under paragraph (1), the patent application
shall be deemed to have been abandoned and the patent right concerned
shall be deemed to have been extinguished retroactively to the
time when the period for payment of the patent fees expired.
Article 82 ¡¼Official Fees¡½
(1) A person initiating a procedure relating to a patent shall
pay the official fees.
(2) Where the number of claims is increased because of amendments
or dismissal of amendments to the specification after a request
for examination made by a person other than the applicant, the
applicant shall pay the fees for the request for examination corresponding
to the increased number of claims.
(3) Matters necessary to the payment of official fees, including
the method and time limits for payment of the fees under paragraph
(1), shall be prescribed by the Ordinance of the Ministry of Commerce,
Industry and Energy.
Article 83 ¡¼Reduction or Exemption of Patent Fees or Official Fees¡½
(1) Notwithstanding Articles 79 and 82, the Commissioner of the
Korean Industrial Property Office shall grant an exemption from
the payment of patent fees or official fees in the following situations:
(¥¡) official fees or patent fees corresponding to the patent applications
or patent rights belonging to the State; or
(¥¢) fees related to requests for an invalidation trial made by an examiner under Articles 133(1), 134(1) or 137(1).
(2) Notwithstanding Articles 79 and 82, where the patent application
has been filed by an entitled person in accordance with Article
3 of the National Assistance Law, or a person prescribed by the
Ordinance of the Ministry of Commerce, Industry and Energy, the
Commissioner of the Korean Industrial Property Office may reduce
or exempt the payment of the fees prescribed by the Ordinance
of the Ministry of Trade, Industry and Energy and the for the
patent fees for obtaining the registration of the establishment
of the patent right for the first three years.
(3) A person who wishes to take advantage of reduced fees or exemption
from the payment of the patent fees or official fees in accordance
with paragraph (2) shall submit the documents prescribed by the
Ordinance of the Ministry of Commerce, Industry and Energy to
the Commissioner of the Korean Industrial Property Office.
Article 84 ¡¼Refund of Patent Fees, etc.¡½
(1) Patent fees and official fees which have been paid shall not
be refunded. However, in the following cases such fees shall be
refunded upon a request by the person who made such payment:
(¥¡) patent fees or official fees paid by mistake;
(¥¢) portion corresponding to the patent fee for the years subsequent
to the year in which a decision of revocation or invalidation
on the patent becomes final and conclusive; or
(¥£) portion corresponding to the patent fee for the years subsequent
to the year in which a decision of invalidation on the registration
of patent term extension becomes final and conclusive.
(2) The refund of the patent fees and official fees under paragraph
(1)(i) may not be claimed after one year from the date of the
payment, and the refund of the portions corresponding to the patent
fee under subparagraphs (ii) and (iii) of the said paragraph may
not be claimed after one year from the date when a decision of
revocation or invalidation on the patent becomes final and conclusive.
Article 85 ¡¼Patent Register¡½
(1) The Commissioner of the Korean Industrial Property Office
shall keep the Patent Register at the Korean Industrial Property
Office and shall register the following matters:
(¥¡) the establishment, transfer, extinguishment, restriction on
disposal or extension of the term of a patent right;
(¥¢) the establishment, maintenance, transfer, modification, extinguishment,
or restriction on disposal of an exclusive or non-exclusive license;
and
(¥£) the establishment, transfer, modification, extinguishment
or restriction on the disposal of a pledge on a patent right or
on an exclusive or non-exclusive license.
(2) All or parts of the Patent Register under paragraph (1) may
be stored on magnetic tapes, etc.
(3) Necessary information relating to the matters and procedures
of registration not provided for in paragraphs (1) or (2) shall
be prescribed by Presidential Decree.
(4) Specifications and drawings of patent applications and documents
prescribed by Presidential Decree are considered to be part of
the Patent Register.
Article 86 ¡¼Issuance of Certificate of Patent Registration¡½
(1) When the establishment of a patent right has been registered,
the Commissioner of the Korean Industrial Property Office shall
issue the certificate of patent registration to the patentee.
(2) Where the certificate of patent registration do not coincide
with the patent register or other documents, the Commissioner
of the Korean Industrial Property Office shall reissue the certificate
of patent registration with amendments, or issue new letters patent
upon request or ex officio.
(3) When a decision on a trial for amendment under Article 136(1)
has become final and conclusive, the Commissioner of the Korean
Industrial Property Office shall issue new certificate of patent
registration in accordance with the trial decision.
|
