Patent Act Article 138

Patent Act Article 138May 1, 2019
Disposal of derivative design patent A derivative design patent right shall be assigned, entrusted, inherited, licensed or pledged along with its original design patent. Where the original design patent right becomes extinguished or is revoked finally and bindingly pursuant to Subparagraph 3 or 4, Paragraph 1 of Article 70 applicable mutatis mutandis under Paragraph 1 of Article 142, the two or more derivative design patents that are still in force shall not be separately assigned, entrusted, inherited, licensed, or pledged.

Patent Act Article 138May 1, 2019

Disposal of derivative design patent

A derivative design patent right shall be assigned, entrusted, inherited, licensed or pledged along with its original design patent.

Where the original design patent right becomes extinguished or is revoked finally and bindingly pursuant to Subparagraph 3 or 4, Paragraph 1 of Article 70 applicable mutatis mutandis under Paragraph 1 of Article 142, the two or more derivative design patents that are still in force shall not be separately assigned, entrusted, inherited, licensed, or pledged.

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Patent Act Article 142May 1, 2019
Provisions applied mutatis mutandis to design patent "The provisions of Article 28, Article 29, Paragraphs 3 and 4 of Article 34, Article 35, Article 36, Article 42, Paragraphs 1 to 3 of Article 43, Paragraph 3 of Article 44, Article 45, Paragraph 2 of Article 46, Article 47, Article 48, Article 50, Paragraphs 1, 2 and 4 of Article 52, Paragraph 2 of Article 58, Article 59, Articles 62 to 65, Article 68, Article 70, Article 72, Paragraphs 1, 3 and 4 of Article 73, Articles 74 to 78, Paragraph 1 of Article 79, Articles 80 to 82, Articles 84 to 86, Articles 92 to 98, and Articles 100 to 103 shall apply mutatis mutandis to design patent. "In the case of a patent application for design, the time period specified in Paragraph 1 of Article 28 shall be six (6) months. "In the case of a patent application for design, the time period specified in Paragraphs 2 and 4 of Article 29 shall be ten (10) months. "In the case of a patent application for design, the time period specified in Subparagraph 3, Paragraph 1 of Article 59 shall be six (6) months. Details >
Extinguishment of patent right An invention patent right shall become extinguished under any of the following circumstances: 1. where the patent term has expired, and the patent shall become extinguished; 2. where the patentee has passed away without heirs; 3. where the annuity of the second or any subsequent years is not paid within the payment time period, the patent right shall become extinguished retrospectively after the expiration of the original due date; or 4. where the patentee abandoned the patent, the patent right shall be extinguished from the date the patentee makes a declaration in writing. The patentee who unintentionally fails to pay a patent annuity within the time period for late payment set forth in Paragraph 1 of Article 94 may apply for reinstatement of the patent rights within one (1) year after the expiration of the time period of late payment by paying triple the amount originally due, whereby the Specific Patent Agency shall publish with respect to the above. Details >

Patent Act Article 142May 1, 2019

Provisions applied mutatis mutandis to design patent "The provisions of Article 28, Article 29, Paragraphs 3 and 4 of Article 34, Article 35, Article 36, Article 42, Paragraphs 1 to 3 of Article 43, Paragraph 3 of Article 44, Article 45, Paragraph 2 of Article 46, Article 47, Article 48, Article 50, Paragraphs 1, 2 and 4 of Article 52, Paragraph 2 of Article 58, Article 59, Articles 62 to 65, Article 68, Article 70, Article 72, Paragraphs 1, 3 and 4 of Article 73, Articles 74 to 78, Paragraph 1 of Article 79, Articles 80 to 82, Articles 84 to 86, Articles 92 to 98, and Articles 100 to 103 shall apply mutatis mutandis to design patent. "In the case of a patent application for design, the time period specified in Paragraph 1 of Article 28 shall be six (6) months. "In the case of a patent application for design, the time period specified in Paragraphs 2 and 4 of Article 29 shall be ten (10) months. "In the case of a patent application for design, the time period specified in Subparagraph 3, Paragraph 1 of Article 59 shall be six (6) months.

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Patent Act Article 70May 1, 2019

Extinguishment of patent right

An invention patent right shall become extinguished under any of the following circumstances:

1. where the patent term has expired, and the patent shall become extinguished;
2. where the patentee has passed away without heirs;
3. where the annuity of the second or any subsequent years is not paid within the payment time period, the patent right shall become extinguished retrospectively after the expiration of the original due date; or
4. where the patentee abandoned the patent, the patent right shall be extinguished from the date the patentee makes a declaration in writing.

The patentee who unintentionally fails to pay a patent annuity within the time period for late payment set forth in Paragraph 1 of Article 94 may apply for reinstatement of the patent rights within one (1) year after the expiration of the time period of late payment by paying triple the amount originally due, whereby the Specific Patent Agency shall publish with respect to the above.

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