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Article 87 【Registration of Establishment of Patent Right and Publication of Registration】

(1) A patent right shall come into effect upon registration of its establishment.

(2) Where patent fees have been paid in accordance with Article 79(1) or where an exemption from the payment of patent fees has been granted under Article 83(1)(i) and (ii), the Commissioner of the Korean Industrial Property Office shall register the establishment of the patent right. However, in a case which falls under any of the following subparagraphs, the establishment of a patent right shall be registered only if an utility model right concerned is abandoned:
(ⅰ) in a case where the establishment of an utility model right has been registered with respect to an application for utility model registration which forms the basis of a dual application in such a dual application; and
(ⅱ) in a case where a dual application (hereinafter referred to as a "dual application for utility model registration" in this subparagraph) has been filed under Article 17 of the Utility Model Law on the basis of an application for a patent and where the establishment of an utility model right has been registered with respect to the dual application for utility model registration.

(3) Where a registration has been made under paragraph (2), the Commissioner of the Korean Industrial Property Office shall publish the grant of the patent together with the relevant information in the Patent Gazette.

(4) The publication of the registration of a patent for an invention required to be treated confidentially shall be reserved until it is declassified upon declassification, the registration shall be published without delay.

(5) The Commissioner of the Korean Industrial Property Office shall provide the application documents and the attached materials thereof for public inspection for a period of three months from the date of publication of registration.

(6) Matters to be published in the Patent Gazette with respect to the publication of registration under paragraph (3) shall be prescribed by the Presidential Decree.

Article 88 【Term of Patent Right】

(1) The term of a patent right shall be twenty years from the filing date of the patent application, following the registration of establishment of the patent right.

(2) Where a patent is granted to a lawful holder of the right under Article 34 or 35, the term of the patent right under paragraph (1) shall be calculated from the date following the filing date of the patent application by the unentitled person.

(3) Where a patent application is deemed to have been filed at the time of submission of an amendment under Article 49, the patent term under paragraph (1) of this Article shall be counted from the date following the filing date of the original patent application.

(4) Where a patent application is deemed to have been filed at the time of submission of a dual application under Article 49(2), the patent term under paragraph (1) of this Article shall be determined from the date following the filing date of the application for utility model registration, which was the basis of the dual application.

Article 89 【Extension of Term of Patent Right】

Notwithstanding the provisions of Article 88(1), where authorization or registration under provisions of other laws or regulations were required in order to work a patented invention, and it has taken an extended period of time to complete the activity test, the safety tests, etc., necessary to obtain such authorization or registration (hereinafter referred to as a "authorization") and which is prescribed by the Presidential Decree, the term of the patent right may be extended by a period, up to five years, during which the patented invention could not have been worked.

Article 90 【Application for Registration of Extension of Term of Patent Right】

(1) A person who wishes to apply for the registration of extension of a patent right under Article 89 (hereinafter referred to as "applicant for registration of extension") shall submit an application for registration of an extension of term of a patent right to the Commissioner of the Korean Industrial Property Office, stating each of the following:
(ⅰ) the name and domicile of the applicant for registration of extension (in case of a legal entity, the title, place of business and name of the representative);
(ⅱ) the name and domicile, or place of business, of the agent, if designated;
(ⅲ) the identification by its patent number of the patent for which an extension is applied, and the claims of that patent;
(ⅳ) the period of extension applied for;
(ⅴ) the requirements for authorization under Article 89; and
(ⅵ) the grounds for extension as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy (accompanied by materials substantiating said grounds).

(2) The application for registration of an extension of the term of the patent right shall be filed within three months from the date the authorization under Article 89 was obtained; however, the application may not be filed when the unexpired length of the term as provided for in Article 88 is less than six months.

(3) Where the patent is owned by joint owners, an application for registration of an extension of the term of a patent right shall be made in the names of all the joint owners.

(4) Where an application for registration of an extension of term of a patent right has been filed, the term shall be deemed to have been extended, except where a ruling of refusal of the application under Article 91(1) has become final and conclusive.

(5) Where an application for registration of an extension of the term of a patent right has been filed, the Commissioner of the Korean Industrial Property Office shall publish the information prescribed in paragraph (1) in the Patent Gazette.

Article 91 【Ruling of Refusal Against Application for Extension of Term of Patent Right】

(1) The examiner shall make a ruling of refusal against an application for registration of an extension of term of a patent right where it falls under any of the following situations:
(ⅰ) where it is deemed that the authorization under Article 89 is not necessary for working the patented invention;
(ⅱ) where the patentee, or a person who has an exclusive or non-exclusive license under the patent right has not obtained the authorization under Article 89;
(ⅲ) where the term for which an extension is applied exceeds the time period during which the patented invention could not have been worked;
(ⅳ) where the applicant for registration of an extension is not the patentee; or
(ⅴ) where the application for registration of an extension is made in violation of the provisions of Article 90(3).
(ⅵ) deleted

(2) "The time period during which the patented invention could not have been worked," as referred to in paragraph (1)(iii), shall not include any period which has elapsed for reasons attributable to the patentee.

Article 92 【Ruling etc., on Application of Registration for Extending Term of Patent Right】

(1) Where the examiner finds no reason under any of the subparagraphs of Article 91(1) for refusing an application for an extension of term of a patent right, he shall make a ruling that the application for an extension is to be granted.

(2) When the ruling of extension has been made under paragraph (1), the Commissioner of the Korean Industrial Property Office shall register the extension of the term of the patent right in the Patent Register.

(3) When the registration under paragraph (2) has been made, the information prescribed in the following subparagraphs shall be published in the Patent Gazette:
(ⅰ) the name and domicile of the patentee (in the case of a legal entity, the title, place of business and name of the representative);
(ⅱ) the patent number;
(ⅲ) the date of registration of the extension;
(ⅳ) the period of the extension; and
(ⅴ) the requirements, etc., for the authorization under Article 89.

Article 93 【Mutatis Mutandis Application of Provisions】

The provisions of Articles 57 (1), 63, 67 and 148 (1) to (5) and (7) shall apply mutatis mutandis to the examination of an application for the registration of an extension of the term of a patent right.

Article 94 【Effects of Patent Right】

A patentee shall have the exclusive right to work a patented invention both commercially and industrially. However, where the patent right is the subject of an exclusive license, this provision shall not apply to the extent that the exclusive licensee has the exclusive right to work the patented invention under Article 100(2).

Article 95 【Effects of Patent Right the Term of Which Has Been Extended】

The effects of a patent right, the term of which has been extended, shall not extend to any other acts except the working of the patented invention with respect to such products for which an authorization was the basis for registering the extension (or where the authorization was obtained for any specific use of the product, with respect to the product adapted for such specific use).

Article 96 【Limitations on Patent Right】

(1) The effects of the patent right shall not extend to the following:
(ⅰ) working of the patented invention for the purpose of research or experiment;
(ⅱ) vessels, aircraft or vehicles merely passing through the Republic of Korea or machinery, instruments, equipment or other accessories used therein; or
(ⅲ) articles existing in the Republic of Korea at the time the patent application was filed.

(2) The effects of the patent right for inventions of medicines (namely, products used for diagnosis, therapy, alleviation, medical treatment or prevention of human disease, hereinafter referred to as "medicines") manufactured by mixing two or more medicines, or for inventions of processes for manufacturing medicines by mixing two or more medicines, shall not extend to the acts of manufacturing medicines in accordance with the Pharmaceutical Affairs Law or to medicines manufactured by such acts.

Article 97 【Scope of Protection of Patented Invention】

The scope of protection conferred by a patented invention shall be determined by the subject matters described in the claims.

Article 98 【Relation to Patented Invention, etc. of Another Person】

Where the working of a patented invention would infringe another person's patented invention, registered utility model or registered design or similar design under an application filed prior to the filing date of the patent application concerned, or where a patent right conflicts with another person's design right under an application for registration for a design right filed prior to the filing date of the patent application concerned, the patentee, exclusive licensee or non-exclusive licensee shall not work the patented invention commercially or industrially without the license of the owner of the earlier patent, utility model right, or design right, except where Article 138(1) applies.

Article 99 【Assignment and Co-ownership of a Patent Right】

(1) A patent right may be assigned.

(2) Where a patent right is owned jointly, each co-owner of the patent right may neither assign his share nor establish a pledge upon it without the consent of all the other co-owners.

(3) Where the patent right is owned jointly, each co-owner may, except as otherwise agreed by a contract among all the joint owners, work the patented invention by himself without the consent of the other joint owners.

(4) Where the patent right is owned jointly, a co-owner of the patent right may not grant an exclusive license or a non-exclusive license of the patent right without the consent of all the other joint owners.

Article 100 【Exclusive License】

(1) A patentee may grant an exclusive license of the patent right to others.

(2) An exclusive licensee having been granted an exclusive license under paragraph (1), shall have the exclusive right to work the patented invention commercially or industrially to the extent provided for in the license contract.

(3) An exclusive licensee may not transfer the license without the consent of the patentee, except where it is transferred together with the underlying business of the licensee, by inheritance or other general succession.

(4) An exclusive licensee may not establish a pledge or grant a non-exclusive license on the exclusive license without the consent of the patentee.

(5) The provisions of Article 99(2) to (4) shall apply mutatis mutandis to an exclusive license.

Article 101 【Effects of Registration of a Patent Right and an Exclusive License】

(1) The following shall be of no effect unless they are registered:
(ⅰ) the transfer (except through inheritance or other general succession) or extinguishment by abandonment, or restriction on the disposal of a patent right;
(ⅱ) the grant, transfer (except through inheritance or other general succession), modification, extinguishment, or restriction on the disposal; or of an exclusive license.
(ⅲ) the establishment, transfer (except through inheritance or other general succession) modification, extinguishment, or restriction on the disposal of a pledge on a patent right or exclusive license.

(2) Inheritance of, or other general succession relating to a patent right, exclusive license, and pledge under paragraph (1) shall be notified without delay to the Commissioner of the Korean Industrial Property Office.

Article 102 【Non-exclusive License】

(1) A patentee may grant to others a non-exclusive license on his patent right.

(2) A non-exclusive licensee shall have the right to work the patented invention commercially or industrially to the extent prescribed in the Patent Law or provided for by the license contract.

(3) A non-exclusive license granted under Article 107 may only be transferred together with the underlying business..

(4) A non-exclusive license under Article 138 of the Patent Law, Article 53 of the Utility Model Law, or Article 70 of the Design Law shall be transferred together with the patent right, utility model right, or design right concerned and shall be extinguished at the same time as the patent, utility model or design right concerned is extinguished.

(5) A non-exclusive license, other than those described in paragraphs (3) and (4), may not be transferred without the consent of the patentee (or the patentee and the exclusive licensee in the case of a non-exclusive license on an exclusive license), unless the transfer is made together with the underlying business.

(6) A pledge may not be established on a non-exclusive license, other than those under paragraphs (3) and (4), without the consent of the patentee (or the patentee and the exclusive licensee in case of a non-exclusive license on an exclusive license).

(7) The provisions of Article 99(2) and (3) shall apply mutatis mutandis to the non-exclusive license.

Article 103 【Non-exclusive License by Prior Use】

Where, at the time of filing of a patent application, a person who has made an invention without having prior knowledge of the contents of an invention described in an existing patent application, or has learned how to make the invention from such a person and has been working the invention commercially or industrially, in the Republic of Korea, in good faith, or has been making preparations therefor, shall have a non-exclusive license on that patent right under the patent application. Such license shall be limited to the invention which is being worked, or for which preparations for working have been made, and to the purpose of such working or preparations.


Article 104 【Non-exclusive License Due to Working Prior to Registration of Request for Invalidation Trial】

(1) Where a person falling within any of the following subparagraphs has been working an invention, in the Republic of Korea, commercially or industrially, or has been making preparations therefor, prior to the registration of a request for an invalidation trial of the patent or registered utility model concerned, without knowing that his patented invention is subject to invalidation, or has been working a device, in the Republic of Korea, commercially or industrially, or has been making preparations therefor, on the basis of a maintenance decision as prescribed in Article 25(2) of the Utility Model Law or without knowing that his registered utility model is subject to invalidation notwithstanding any due care, such person shall have a non-exclusive license on that patent right or have an non-exclusive license on the exclusive license to a patent right existing at the time when the patent or the utility model registration was invalidated, but such non-exclusive license shall be limited to the invention or device which is being worked or for which preparations for working are being made and to the purpose of such working or the preparations therefor:
(ⅰ) the original patentee, where one of two or more patents granted for the same invention has been invalidated;
(ⅱ) the original owner of a utility model right, where a patented invention and a device registered as a utility model are the same and the utility model registration has been invalidated;
(ⅲ) the original patentee, where his patent has been invalidated and a patent for the same invention has been granted to an entitled person;
(ⅳ) the original owner of a utility model right, where his utility model registration has been invalidated and a patent for the same invention as the device has been granted to an entitled person; or
(ⅴ) in the cases referred to in subparagraphs (i) to (iv), a person who, at the time of registration of the request for an invalidation trial of the invalidated patent right or utility model right, has been granted an exclusive license or a non-exclusive license, or non-exclusive license on the exclusive license and such license has been registered; however, a person falling under Article 118(2) is not required to register the license.

(2) A person who has been granted a non-exclusive license in accordance with paragraph (1) shall pay reasonable remuneration to the patentee or exclusive licensee.

Article 105 【Non-exclusive License After Expiration of a Design Right】

(1) Where a design right under an application which resulted in the granting of a registration, filed prior to or on the filing date of a patent application, conflicts with the patent right and the term of the design right has expired, the owner of such design right shall, to the extent of such design right, have a non-exclusive license on the patent right or the exclusive license existing at the time when the design right expired.

(2) Where a design right under an application which resulted in the grant of a registration, filed prior to or on the filing date of a patent application, conflicts with the patent right and the term of the design right has expired, a person who at the time of expiration, has an exclusive license on the expired design right or non-exclusive license under Article 118(1) of this Law, as applied under Article 61 of the Design Law, to the design right or the exclusive license shall, to the extent of the expired right, have a non-exclusive license on the patent right concerned or on the exclusive license existing at the time when the design right expired.

(3) A person who has been granted a non-exclusive license under paragraph (2) shall pay reasonable remuneration to the patentee or exclusive licensee.

Article 106 【Expropriation of Patent Right】

(1) If a patented invention is necessary for national defense in time of war, incident or other similar emergency (hereinafter referred to as an "emergency"), the Government may expropriate the patent right, work the patented invention, or require a person other than the Government to work the patented invention.

(2) If a patent right is expropriated, rights to the invention other than the patent right shall be extinguished.

(3) If the Government expropriates the patent right, or the Government or a person concerned other than the Government works the patented invention under paragraph (1), the Government or that person shall pay reasonable remuneration to the patentee, exclusive licensee or non-exclusive licensee.

(4) Matters necessary for the expropriation, working of a patent right as well as payment in compensation therefor shall be prescribed by Presidential Decree.

Article 107 【Adjudication for Grant of Non-exclusive License】

(1) Where a patented invention falls under any of the following subparagraphs, a person who intends to work the patented invention may request the Commissioner of the Korean Industrial Property Office to adjudicate (hereinafter referred to as an "adjudication") for the authorization of a non-exclusive license thereon; however, a request for adjudication under the following subparagraphs (i) and (ii) may only be made if consultations with the patentee or exclusive licensee is not possible or no agreement is reached at the consultation:
(ⅰ) where the patented invention has not been worked for more than three consecutive years in the Republic of Korea, except in the case of natural disaster, unavoidable circumstances or other justifiable reasons prescribed by Presidential Decree;
(ⅱ) where the patented invention has not continuously been worked commercially or industrially in the Republic of Korea on a substantial scale during a period of three years or more without justification, or where the domestic demand for the patented invention has not been satisfied to an appropriate extent and under reasonable conditions;
(ⅲ) where the working of the patented invention is necessary for public non-commercial use; or
(ⅳ) where the working of a patented invention is necessary to remedy a practice determined to be anti-competitive after the judicial or administrative process.

(2) The provisions of paragraph (1)(i) and (ii) shall not apply unless a period of four years has lapsed from the filing date of the application for to the patented invention.

(3) In adjudication for the authorization of a non-exclusive license, the Commissioner shall consider the necessity of each and every claim.

(4) In adjudication for the authorization of a non-exclusive license, the Commissioner shall impose such conditions that the use of patented inventions through the non-exclusive license shall be limited predominantly to the supply of the domestic market; however, this provision need not apply where the authorization is ruled based on the request set forth in subparagraph (1)(iv).

(5) In adjudication for the authorization of a non-exclusive license set forth in subparagraph (1)(i), the Commissioner may take into account the need to amend anti-competitive practices in determining the amount of remuneration.

(6) With respect to semi-conductor technology, the request for adjudication can be made only in the cases set forth in subparagraph (1)(iii) and (1)(iv).

Article 108 【Submission of Response】

Where a request for adjudication has been made the Commissioner of the Korean Industrial Property Office shall transmit a copy of the written request to the patentee or exclusive licensee mentioned in the request and to any other persons having any registered right relating to the patent, and shall give them an opportunity to submit a response within the time limit.

Article 109 【Solicitation of Opinion from the Industrial Property Right Council】

Before making an adjudication the Commissioner of the Korean Industrial Property Office shall solicit an opinion from the Industrial Property Council established under Article 117.

Article 110 【Formality of Adjudication】

(1) An adjudication shall be made in writing and shall state the reasons therefor.

(2) The following matters shall be specified in an adjudication under paragraph (1):
(ⅰ) the scope and duration of the non-exclusive license; and
(ⅱ) the remuneration for the license and the method and time of payment.

Article 111 【Transmittal of Certified Copies of Adjudication】

(1) Where an adjudication is made, the Commissioner of the Korean Industrial Property Office shall transmit certified copies of the adjudication to the parties and any other persons having the registered right relating to the patent.

(2) When a copy of an adjudication has been transmitted to the parties under paragraph (1), a consultation to the terms as specified in the adjudication shall be deemed to have been held by the parties.

Article 112 【Deposit of Remuneration】

A party who is obligated to pay a remuneration under Article 110(2)(ii) shall make a deposit thereof under the following circumstances:

(ⅰ) where the party entitled to receive the remuneration refuses or is unable to receive it;
(ⅱ) where an action under Article 190(1) has been brought with respect to the remuneration; or
(ⅲ) where the patent right or exclusive license is the subject of a pledge, except where the pledgee has consented.

Article 113 【Lapse of Adjudication】

Where a person who was granted the adjudication on the authorization fails to pay or deposit the remuneration (or the first installment thereof, if payment is to be made periodically or by installments) under Article 110(2)(ii) by the time such payment is due, the adjudication shall lose its effect.

Article 114 【Cancellation of Adjudication】

(1) Where a person who was granted the adjudication on the authorization falls under any of the following subparagraphs, the Commissioner of the Korean Industrial Property Office may cancel the adjudication, ex officio or upon the request by any interested party. However, in case of subparagraph (ii), such action shall protect the non-exclusive license's lawful interests:
(ⅰ) where the working of the patented invention is not within the purpose of the adjudication; and
(ⅱ) where the grounds for the adjudication on the authorization of non-exclusive license disappears and it is deemed that such grounds will not reoccur.

(2) The provisions of Articles 108, 109, 110(1) and 111(1) shall apply mutatis mutandis paragraph (1) of the Article.

(3) The non-exclusive license shall be extinguished upon cancellation of the ruling under paragraph (1) of this Article.

Article 115 【Restriction on Reason for Objections to Adjudication】

Where a request for an administrative trial has been filed as to the adjudication under Article 3(1) of the Administrative Trial Law, the remuneration determined in the adjudication shall not be a basis for objection.

Article 116 【Cancellation of Patent Right】

(1) Where a patented invention has not been continuously worked in the Republic of Korea for a period of two years or more from the date of an adjudication under Article 107(1), the Commissioner of the Korean Industrial Property Office may cancel the patent right, ex officio, or upon the request of any interested party.

(2) The provisions of Articles 108, 109, 110(1) and 111(1) shall apply mutatis mutandis to paragraph (1) of this Article.

(3) The patent right shall be extinguished upon cancellation of a patent right under paragraph (1) of this Article.

Article 117 【Establishment of Industrial Property Right Council】

(1) The Industrial Property Right Council shall be established in the Korean Industrial Property Office to advise the Commissioner of the Korean Industrial Property Office on matters concerning the expropriation, adjudication, and cancellation of patent rights.

(2) The organization, operation and other necessary matters of the Industrial Property Right Council shall be prescribed by Presidential Decree.

Article 118 【Effects of Registration of Non-exclusive License】

(1) When a non-exclusive license has been registered, it shall also be effective against any person who subsequently acquires the patent right or an exclusive license.

(2) A non-exclusive license granted under Articles 39(1), 103 to 105, 107, 122, 182 or 183 shall have the same effect as prescribed under paragraph (1) of this Article even if it has not been registered.

(3) The transfer, modification, extinguishment or restriction on disposal of a non-exclusive license or the establishment, transfer, modification, extinguishment or restriction on disposal of a pledge relating to a non-exclusive license shall not be effective against a third party unless it is registered.

Article 119 【Restriction on Abandonment of Patent Right, etc.】

(1) A patentee shall not abandon his patent right without the consent of the exclusive licensee, pledgee, or non-exclusive licensee under Article 39(1), 100(4) or 102(1).

(2) An exclusive licensee shall not abandon his exclusive license without the consent of the pledgee or non-exclusive licensee under Article 100(4).

(3) A non-exclusive licensee shall not abandon his non-exclusive license without the consent of the pledgee.

Article 120 【Effects of Abandonment】

The patent right, or license thereon, shall be extinguished as of the time of abandonment of a patent right or of an exclusive or non-exclusive license.

Article 121 【Pledge】

Where a patent right or an exclusive or non-exclusive license is the subject of a pledge, the pledgee may not work the patented invention except as otherwise provided by contract.

Article 122 【Non-exclusive License Incidental to Transfer of Patent Right by Exercise of a Pledge Right】

If a patentee works a patented invention prior to the establishment of a pledge on the patent right, the patentee shall have a non-exclusive license on the patented invention even if the patent right is transferred by an auction; however, in such case, the patentee shall pay reasonable remuneration to the person to whom the patent right is transferred by an auction, etc.

Article 123 【Subrogation of Pledge Right】

A pledge may be exercised against the remuneration provided for under the Patent Law or against remuneration or goods to be received for the working of the patented invention; however, an attachment order shall be obtained prior to the payment or delivery of the remuneration or goods.

Article 124 【Extinguishment of Patent Right in Absence of Successor】

A patent right shall be extinguished when no successor exists at the time of succession.

Article 125 【Report on Working of Patent】

The Commissioner of the Korean Industrial Property Office may require a patentee, exclusive licensee or non-exclusive licensee to report as to whether the patented invention has been worked or not, the extent of such working, etc.