Korea Patent Registration Order

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Release time:2016-08-04

(Korea Ministry of Industry and Resources June 27, 2001)

Chapter I General Provisions

Article 1: Purpose

With respect to the registration of patent rights and other patent-related rights, the purpose of this Order is to provide for the appointment of matters and matters necessary for the implementation of the Patent Law.

[Add this article 2001.06.27]

[original article 1 changed to article 1 2<2001.06.27>]

Article 1 2: Registration Matters

The registration matters stipulated in Item 3 of Article 85 of the Patent Law (hereinafter referred to as "the Law") are amended as follows: <Amendment 1996.06.03, 1997.06.26, 1999.06.03>

1. Delete <2001.06.27>

1-2. Decide on the determination of patent opposition applications in accordance with the first paragraph of Article 69 of the law.

2. The adoption and implementation of the patent right in accordance with the provisions of the first paragraph of Article 106 of the law.

3. The establishment of the ordinary enforcement right shall be revised in accordance with the provisions of the first paragraph of Article 107 of the law, the redefinition shall be canceled in accordance with the provisions of the first paragraph of Article 114 of the law, and the patent right shall be canceled in accordance with the provisions of the first paragraph of Article 116 of the law.

4. Article 132 3 of the Law, Item 1 of Article 133 of the Law, Item 1 of Article 134 of the Law, Item 1 of Article 135 of the Law, Item 1 of Article 136 of the Law, Item 1 of Article 137 of the Law, Item 1 of Article 138 of the Law and the determination and review judgment according to the provisions of Item 3.

5. The retrial judgment shall be determined in accordance with the provisions of the first paragraph of Article 178 of the law.

6. Determine the judgment of the patent court in accordance with the first paragraph of Article 186 of the law.

7. The judgment of the court in accordance with the provisions of Article 186, paragraph 8 of the law.

[Revised 1990.08.28]

[Move <2001.06.27> in first article]

Article 2: False Registration

False registration is limited:

(1) When the required procedural conditions for registration application are not met.

2. When it is necessary to preserve patent rights, patent enforcement rights and ordinary enforcement rights and the establishment, transfer, change or elimination of relevant claims for this purpose.

3. When the claim of the second item is a time condition or a stop condition, it has been determined in other industries.

Article 3: Advance Notice Registration

Notice registration is limited:

<Revision 1981.07.30, 1987.07.01, 1990.08.28, 1996.06.03, 1997.06.26, 1999.06.03>

1. When cancellation or resumption of registration due to invalidity or cancellation of registration is proposed. However, it is limited to the case of a bona fide confrontation with a third party for reasons of invalidity or cancellation of registration.

1-2, when there is an application for patent opposition according to the first paragraph of Article 69 of the law.

2. According to the first paragraph of Article 106 of the law, when there is an application for the adoption and implementation of the patent right.

3. According to the first paragraph of Article 107 of the law, when there is an application for amending the ordinary enforcement right; According to the first paragraph of Article 114 of the law, there is an application for cancellation of redefinition and an application for cancellation of patent right according to the first paragraph of Article 116 of the law.

4. When there is a trial request in accordance with Article 132 3 of the Law, Paragraph 1 of Article 133 of the Law, Paragraph 1 of Article 134 of the Law, Paragraph 1 of Article 135 of the Law, Paragraph 1 of Article 136 of the Law, Paragraph 1 of Article 137 of the Law, Paragraph 1 of Article 138 of the Law and Paragraph 3 of the Law.

5. When there is a request for retrial in accordance with the first paragraph of Article 178 of the law.

6. When there is a request for trial by the patent court in accordance with the first paragraph of Article 186 of the law.

7. When there is an appeal to the Grand Court in accordance with the provisions of Article 186, paragraph 8 of the law.

Article 4: Bookkeeping Registration

① Registration in accordance with the following items in accordance with bookkeeping: <Amendment 1999.06.03>

1. Changes or corrections indicated by the registered name.

2, the transfer of the right of quality.

3. Restoration of partially canceled registrations.

② When it is limited to a third party without a registered interest, or when an undertaking of a third party with a registered interest is attached to the application for registration, or when an original judgment against it is attached, the registration that meets the following items shall be in accordance with the bookkeeping:

<Modified 1999.06.03>

1. Changes in rights other than patent rights.

2. Correction of registration (except for correction indicated by the registered person).

Article 5: Order of registration of rights

① With regard to the rights related to the same patent right and other patents, the order of registration of the rights shall be in accordance with the order of registration, unless otherwise specifically provided by the law. <Amendment 1981.07.30>

② The registration order of the first item is the sequential number registered in the same column in the registration form, and the acceptance number registered in other columns. <Amendment 1981.07.30>

Article 6: Order of Bookkeeping Registration

The order of bookkeeping registration shall be in accordance with the order of the main registration, and the order of the names of the enterprises registered in the bookkeeping shall be in accordance with its order.

Article 7: This registration order for false registration matters

When the false registration matters are registered, the registration order shall be in accordance with the false registration order.

Chapter II Original Patent and Void Original Patent

Article 8: Types of Patent

① The original patent is the original patent registration, the original patent relationship refusal review judgment retrial request and the original patent entrustment.

② Delete <1990.08.28>

③ According to the decision, examination judgment or original judgment on the patent opposition application, when the registration decision, examination judgment or the gist of the original request for retrial of the original patent registration or patent relationship refusal judgment in Item 2 and Items 3 to 7 of Article 1 are originally regarded as the original request for retrial of the patent registration or patent relationship refusal judgment.

<Revision 1981.07.30, 1997.06.26, 1999.06.03>

Article 9: Format of the original patent, etc.

The patent was originally a disk, etc., and its format, recording method and writing method, and the type of additional documents are in accordance with the order of the Ministry of Industry and Resources. <Revision 1993.3.6, 1993.12.31, 1995.10.19, 1999.06.03>

[Full text amendment 1990.08.28]

Article 10: Damage to the Original Patent

When all or part of a patent is originally damaged, the Director of Patents shall set a period of more than three months and shall inform the applicant of the order in which the damaged patent was originally possessed by the applicant during its period of time. <Revised 1993.12.31>

Article 11: The original invalidation of the patent registration due to the cancellation of the registered patent right.

When the Director of Patent Affairs cancels the registration of a patent right, the original registration of the relevant patent shall be invalidated. <Revised 1993.12.31>

Article 12: Cancellation of Original Patent

According to Article 11, when the patent director needs to invalidate the original patent, the purpose of the patent shall be recorded on the original patent in accordance with the order of the Ministry of Industry and Resources, and the original patent that has been invalidated shall be regarded as the original patent. <revision 1995.10.19, 1999.06.03> [full text revision 1993.12.31]

Chapter III Registration Procedures

Section 1 General Principles

Article 13: Registration

① Registration cannot be carried out without application or entrustment, except for the exercise of authority by the Director of Patents in accordance with the Act.

② With regard to the registration procedures for entrustment, the relevant provisions of this Order shall be followed, except for special provisions of the Decree.

Article 14: Registration ex officio

The Director of Patents shall exercise his powers in the registration of the following items. However, the registration in accordance with items 4 to 8 is limited to the notice of the president of the patent trial. <Revision 1996.06.03, 1997.06.26, 1999.06.03>

1. The creation, cancellation (except for waiver), restoration and extension of the term of deposit of the patent right.

1-2. The decision shall be determined in accordance with the patent opposition application stipulated in the first paragraph of Article 69 of the law.

2. The adoption and implementation of the patent rights stipulated in the first paragraph of Article 106 of the law.

3. In revising the ordinary enforcement right setting stipulated in paragraph 1 of Article 107 of the law, canceling the redefinition stipulated in paragraph 1 of Article 114 of the law and canceling the patent right stipulated in paragraph 1 of Article 116 of the law.

4. Determine the review judgment in accordance with Article 132 of the Law, Paragraph 1 of Article 133 of the Law, Paragraph 1 of Article 134 of the Law, Paragraph 1 of Article 135 of the Law, Paragraph 1 of Article 136 of the Law, Paragraph 1 of Article 137 of the Law, Paragraph 1 of Article 138 of the Law and Paragraph 3 of the Law.

5. Determine the retrial judgment in accordance with the first paragraph of Article 178 of the law.

6. Determine the judgment of the patent court stipulated in the first paragraph of Article 186 of the law.

7. The judgment of the court in accordance with the provisions of Article 186, paragraph 8 of the law.

8. Restoration according to the details of the trial or retrial or the modification of the drawings or the modification is invalid or according to the modification of the retrial.

8 of 2. Modify the details or drawings decided on the basis of the patent opposition application.

9. Cancel the right of patent enforcement, ordinary enforcement or pledge due to confusion. [Revised 1990.08.28]

Article 15: Application for Registration

① Except for special provisions of the law, the registered right holder and the registered obligor shall jointly apply for patent registration.

② In the first case, when the registered obligor's undertaking is attached to the application, only the registered obligee can apply.

Article 16: Application for registration pursuant to judgment or succession, etc.

Registration in accordance with the judgment shall only be applied for by the registered right holder or registered obligor, and registration in accordance with the registration of succession and other ordinary succession shall only be applied for by the registered right holder. [Full text amendment 1999.06.03]

Article 17: Application for registration of change or correction indicated by the registered name

For the registration of changes or corrections indicated by the registered name, only the registered name may apply for registration. <Modified 1999.06.03>

Article 18 Delete <2001.06.27>

Article 19: Application for False Registration

① False registration If the original of the false sanction order is attached to the application, only the right holder of the false registration can apply.

② Delete <1981.07.30>

Article 20: Registration Entrustment of Disposition Restrictions, etc.

① When the patent right or its patent-related rights are restricted or lifted, the court shall be deemed to entrust the registration or cancellation of the registration of the restriction to the Director of Patent with the original judgment attached to the power of attorney. <Amendment 1981.07.30>

② In the first case, if necessary, the court shall consider the registration of the right to transfer the change, correction or inheritance and other ordinary inheritance indicated by the registered person as entrusted to the Director of Patent. <Modified 1999.06.03>

Article 21: The original application for restoration of registration of the damaged patent, etc.

(1) For the restoration of registration in accordance with the provisions of Article 10, only the registered right may apply.

② If there is the first application, the Director of Patent Affairs shall investigate and confirm the patent certificate, patent announcement and other relevant documents before making the original patent.

③ When the original patent is made in accordance with the second provision, the Director of the Patent Office shall send the original to the patentee and the patent-related right holder. <Amendment 1981.07.30>

Article 22: Entrustment of advance notice registration

If the trial request of Article 3, paragraph 1, is made, the court shall be deemed to entrust the notice registration to the Director of the Patent after attaching the original or original copy held to the power of attorney.

Article 23: Advance Registration by Authority

If there is an application, request, trial request or appeal in Item 2 to Item 7 of Article 3, the Director of Patent shall handle the advance notice registration with his authority. However, the registration of advance notice of a request, trial request or appeal for items 4 to 7 of the same article is limited to the case of notification by the president of the patent trial. [Full text amendment 1997.06.26]

Article 24: Application

① The registrant (hereinafter referred to as the "applicant") who needs to handle the registration under this order shall make each application as stipulated in the order of the Ministry of Industry and Resources and submit it to the Director of Patent. <Revision 1990.08.28, 1993.3.6, 1995.10.19, 1999.06.03>

② The applicant shall record the following items on the application according to the first provision and sign and seal them. However, if the order of the Ministry of Industry and Resources does not provide for it, the seal may be omitted. <Revision 1990.08.28, 1993.03.06, 1995.10.19, 1999.06.03, 2001.06.27>

1) Patent number.

2. When the purpose of registration is a right other than a patent right, the expression of its rights.

3. The name and address of the applicant (the name of the legal person and the place of business).

4. If the applicant has an agent, the name and address of the agent or the place of business (if the agent is a patent legal person, the name, the location of the firm and the name of the designated lawyer).

5. The nationality of the foreign registered right holder.

6. Reasons for registration.

7. Purpose of Registration.

8, in accordance with other separately stipulated record matters.

[Full text amendment 19807.07.01]

Article 25: Merger Application

The registration of more than two patent rights or their patent-related rights may apply for the same application for the same registration reason and purpose. <Amendment 1981.07.30>

Article 26: Additional Documents Required for Application

① The following documents shall be attached to the application according to Item 1 of Article 24. However, with regard to the third or fourth document, it is not necessary to submit it when the Director of the Patent Office proves it by other means. <Amendment 1975.12.26, 1980.12.24, 1987.07.01, 2001.06.27>

1. Documents proving the reason for registration;

2. When a third party's permission, approval, consent or commitment is required for the reason of registration, a document proving that it has obtained its permission, approval, consent or commitment;

3. Delete <2001.06.27>

4. Delete <2001.06.27>

5. Delete <2001.06.27>

6, when applying for registration through an agent, documents proving his power of attorney;

7. Delete <1980.12.24>

8. Documents to be attached according to other regulations.

② When the first subitem document of the first item has the judgment of execution, it is not necessary to attach the second subitem document of the same item. <Modify 2001.06.27>

③ If the first and second sub-documents are required, the third party may sign and seal the application instead of attaching the documents.

④ When the patent-related rights other than the patent right are waived for registration reasons in accordance with the first paragraph, the following documents shall be attached to the application in accordance with the first paragraph of Article 24: <Amendment 2001.06.27>

1, according to the first paragraph of the provisions of the documents;

2. Certificate of nationality of the foreign applicant;

3, the legal person applicant's legal person certification documents;

4, the applicant's seal certificate (should be made within 6 months, if there is no seal certification system for foreigners, the certificate shall prevail).

⑤ Delete <2001.06.27>

⑥ Delete <2001.06.27>

Article 27: Subrogation of debenture holders

When a bondholder applies for registration on behalf of the debtor in accordance with Article 404 of the Civil Law, he shall record the following items on the application and attach documents proving the reason for his subrogation: <Amendment 2001.06.27>

1, the name and address of the creditor and the debtor (legal person is its name and place of business);

2, subrogation reasons.

Article 28: Record of matters relating to the cancellation of rights

Where the reason for registration provides for a matter relating to the cancellation of the right for the purpose of registration, that matter may be recorded on the application. <Modify 2001.06.27>

Article 29: Record of shares, etc.

① When the registered rights are 2 or more persons and the reasons for registration specify matters relating to the shares, their shares may be recorded on the application. The same applies when applying for registration of a partial assignment of a patent or its patent-related rights. <Revision 1981.07.30, 2001.06.27>

② When there are more than 2 registered rights holders and there is an agreement in accordance with Item 3 of Article 99 of the law (including when complying with Item 5 of Article 100 of the law) or an agreement in accordance with the annex to Item 1 of Article 268 of the Civil Law, it may be recorded on the application. <Revised 1990.08.28, 2001.06.27>

Article 30: Restoration of Cancelled Registration