| Patent Act Article 122May 1, 2019 |
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Substantial conditions "A design which is industrially applicable may be granted a design patent upon application in accordance with this Act, provided any of the following does not exist: "1. an identical or similar design was disclosed in a printed publication prior to the filing of the patent application; "2. an identical or similar design was publicly exploited prior to the filing of the patent application; or "3. the design was known to the public prior to the filing of the patent application. "A design that is without the circumstances prescribed in the preceding paragraph but can be easily conceived by a person ordinarily skilled in the art based on prior art shall not be patented. "A disclosure made by or against the applicant’s will shall not be deemed as one of the circumstances that would preclude the grant of an design patent prescribed in the subparagraphs of Paragraph 1 or the preceding paragraph, provided that the concerned patent application is filed within six (6) months after the date of the disclosure. "For the publication in a gazette made in this country or a foreign country in accordance with the laws as the consequence of filing a patent application and made by the applicant’s will, the preceding paragraph is not applicable. |
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