Patent Law
Promulgated on February 6, 2003
Effective as of July 1, 2004



Chapter One -- General Provisions

Article 1 Objectives
Article 2 Categories of patents
Article 3 Establishment
Article 4 Eligibility requirements for foreign applicants
Article 5 Definitions
Article 6 Assignment, inheritance and pledge
Article 7 Ownership of inventions within employee's duties
Article 8 Ownership of inventions beyond employee's duties
Article 9 Protection of employee inventor's interest
Article 10 Settlement of dispute over ownership
Article 11 Regulations for agents and attorneys
Article 12 Appointment of representative
Article 13 Limitation on assignment of jointly-owned application
Article 14 Recordation of inheritance or transfer
Article 15 Restriction on Patent Office employees and examiners as to interest in patents
Article 16 Confidential status of applications
Article 17 Failure to meet time limits
Article 18 Service by publication
Article 19 Electronic filing of patent applications and other procedures
Article 20 Computation of time limits and duration term of patent

Chapter Two -- Invention Patents

¡@Section One -- Patentability Requirements
Article 21 Definition of invention
Article 22 Conditions for patentability; novelty and non-obviousness
Article 23 Novelty
Article 24 Unpatentable subject matters
¡@Section Two -- Application
Article 25 Application for patent; filing by other than inventor; requirements for receiving filing date
Article 26 Specification and drawings
Article 27 Conditions for priority right
Article 28 Time for claiming priority and filing priority documents
Article 29 Internal priority
Article 30 Deposit requirements for inventions relating to biological material
Article 31 Filing of separate applications for the same invention
Article 32 Requirement of unity of invention
Article 33 Divisional applications
Article 34 Benefit to successful invalidator entitled to the invention at issue
¡@Section Three -- Examination and Reexamination
Article 35 Examination of applications
Article 36 Laying-open of applications
Article 37 Request for substantive examination
Article 38 Requirements for requesting substantive examination
Article 39 Request for prioritized examination
Article 40 Protection of interest in laid-open applications
Article 41 Date of implementation of Articles 36~40
Article 42 Restrictions on appointment of examiners
Article 43 Service of Decision
Article 44 Provisions for refusal of grant for a patent
Article 45 Access to files of published patent applications
Article 46 Request for reexamination
Article 47 Appointment of another examiner to handle reexamination
Article 48 Interview; models or specimens
Article 49 Amendment
Article 50 Secrecy of certain inventions and withholding of patents; compensation to applicants
¡@Section Four -- Patent Right
Article 51 Issue and term of invention patent
Article 52 Extension of duration term
Article 53 Examination of patent term extension applications
Article 54 Grounds for revocation of patent term extension; effect of revocation
Article 55 Ex officio cancellation of patent term extension; effect of cancellation
Article 56 Scope of exclusive right
Article 57 Limitations on exclusive right: exemption of certain acts
Article 58 Limitations on exclusive right: physician's prescriptions
Article 59 Effect of recordation of assignment, license and patent-related pledge
Article 60 Protection of assignee's and licensee's interest
Article 61 Joint ownership
Article 62 Limitation on disposition of right by joint owners
Article 63 Extension of patent term due to war
Article 64 Correction of specification/drawings after issuance of patent
Article 65 Limitations on disposition of patent right
Article 66 Expiration of patent right
Article 67 Grounds and proceedings for cancellation of patent right
Article 68 Invalidation proceedings after expiration/extinguishment of patent right
Article 69 Time limit to respond to invalidation petition
Article 70 Appointment of another examiner to handle invalidation proceedings
Article 71 Invalidation proceedings; interview; models or specimens
Article 72 Applicability of other provisions
Article 73 Situations rendering cancellation of patent right final
Article 74 Matters subject to publication in Gazette
Article 75 Register of patents
¡@Section Five -- Compulsory License
Article 76 Application for compulsory license; royalty payable to patentee; limitations on disposition of compulsory license
Article 77 Grounds for revocation of compulsory license
Article 78 Re-invention; licensing and cross licensing arrangements between dominant and dominated patentees
Article 79 Marking and notice
¡@Section Six -- Fees
Article 80 Patent fees
Article 81 Time limitation for annuity payment
Article 82 Grace period for annuity payment from the second year
Article 83 Availability of annuity deduction or exemption
¡@Section Seven -- Damages and Litigation
Article 84 Remedies for infringement; time limitation on damages
Article 85 Assessment of damages
Article 86 Impounding and disposition of infringing articles
Article 87 Presumption of infringement; rebuttal evidence
Article 88 Service of court judgement on Patent Office
Article 89 Publication of court judgement in newspaper
Article 90 Stay of civil procedures
Article 91 Limitation on infringement actions by foreign patentees
Article 92 Tribunal and infringement assessment

Chapter Three -- Utility Model Patents

Article 93 Definition of utility model
Article 94 Conditions for patentability; novelty and non-obviousness
Article 95 Novelty
Article 96 Unpatentable subject matters
Article 97 Grounds for refusal of patent
Article 98 Notice of rejection
Article 99 Publication of granted utility models
Article 100 Amendment
Article 101 Issue and term of utility model patent
Article 102 Time limit for conversion
Article 103 Technical opinion
Article 104 Enforcement of utility model patent right
Article 105 Liability of patentee for indemnification after revocation of utility model patent right
Article 106 Scope of exclusive right
Article 107 Invalidation proceedings
Article 108 Applicability of other provisions

Chapter Four -- Design Patents

Article 109 Definition of "new design" and "associated design"
Article 110 Novelty; non-obviousness
Article 111 Novelty
Article 112 Unpatentable designs
Article 113 Issue and term of patent
Article 114 Time limit for conversion
Article 115 Time limit for conversion
Article 116 Application for design patent; filing by other than creator; requirements for receiving filing date
Article 117 Specification and drawings
Article 118 Applications for an identical or similar design
Article 119 One application, one design; designation of article
Article 120 Provisions for refusal of a patent
Article 121 Publication of granted designs
Article 122 Interview; models or specimens; manner of amendment
Article 123 Scope of exclusive right
Article 124 Scope of exclusive right in associated design patents
Article 125 Limitations on exclusive right: exemption of certain acts
Article 126 Effect of recordation of assignment, license and patent-related pledge
Article 127 Correction of specification/drawings after issuance of patent
Article 128 Grounds and proceedings for cancellation of patent right
Article 129 Applicability of other provisions

Chapter Five -- Addendum

Article 130 Maintenance and storage of official files
Article 131 Regulations concerning encouragement of inventions
Article 132 Patents barred from extension of term
Article 133 Additional patent
Article 134 Applicability of the old and new laws
Article 135 Applicability of the new laws
Article 136 Applicability of the old laws to opposition proceedings
Article 137 Enforcement Rules
Article 138 Effective date