Wholly Amended by Act No. 4207, Jan. 13, 1990
Amended by Act No. 4541, Mar. 6, 1993
Act No. 4594, Dec. 10, 1993
Act No. 4757, Mar. 24, 1994
Act No. 4892, Jan. 5, 1995
Act No. 5080, Dec. 29, 1995
Act No. 5329, Apr. 10, 1997
Act No. 5576, Sep. 23, 1998
Act No. 6024, Sep. 7, 1999
Act No. 6411, Feb. 3, 2001
Act No. 6582, Dec. 31, 2001
Act No. 6626, Jan. 26, 2002
Act No. 6768, Dec. 11, 2002
Act No. 7289, Dec. 31, 2004
Act No. 7427, Mar. 31, 2005
Act No. 7554, May 31, 2005
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose) The purpose of this Act is 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 Act shall be as follows: <Amended by Act No. 5080, Dec. 29, 1995> The term "invention" means the highly advanced creation of technical ideas utilizing rules of nature; The term "patented invention" means an invention for which a patent has been granted; and The term "working" means any act falling under any of the following items: (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 item (b).
Article 3 (Capacity of Minors, etc.) (1) Minors, quasi-incompetents and incompetents shall not initiate the procedure for filing an application, requesting an examination, or any other patent-related procedure (hereinafter referred to as "patent-related procedure") unless represented by their legal representatives: Provided, That this provision shall not apply where a minor or a quasi-incompetent may 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 patent-related opposition, trial, or retrial procedures initiated by another party. <Amended by Act No. 4892, Jan. 5, 1995; Act No. 5329, Apr. 10, 1997> (3) Patent-related procedures, initiated by a person who lacks the requisite power of legal representation or competence or authority necessary to initiate any such procedures, shall have retroactive effect if said procedures 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 association or foundation name. <Amended by Act No. 6411, Feb. 3, 2001>
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 a nonresident (or a representative thereof if a legal entity) is sojourning in the Republic of Korea, initiate any patent-related procedure, nor appeal any decision taken by an administrative agency in accordance with this Act or any order 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 a "patent administrator"). <Amended by Act No. 6411, Feb. 3, 2001> (2) The patent administrator shall, within the scope of powers 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 Act or any order thereunder. <Amended by Act No. 6411, Feb. 3, 2001> (3) and (4) Deleted. <by Act No. 6411, Feb. 3, 2001>