|Patent Act Article 151May 1, 2019|
Transitional provisions: grace period; design patent "Subparagraph 2, Paragraph 3 of Article 22, Subparagraph 2, Paragraph 3 of Article 22 applicable mutatis mutandis under Article 120, Paragraph 1 of Article 121, which pertains to partial design of articles, Paragraph 2 of Article 121, Subparagraph 1, Paragraph 3 of Article 122, Article 127, and Paragraph 2 of Article 129 shall be applicable only to patent applications filed after the implementation of the November 29, 2011, amendment of this Act.
|Patent Act Article 120May 1, 2019|
Provisions applied mutatis mutandis to utility model patent "Article 22, Article 23, Article 26, Articles 28 to 31, Article 33, Paragraphs 3 to 7 of Article 34, Article 35, Paragraphs 2 and 3 of Article 43, Paragraph 3 of Article 44, Paragraph 2 of Article 46, Paragraph 2 of Article 47, Article 51, Paragraphs 1, 2 and 4 of Article 52, Paragraphs 1, 2, 4 and 5 of Article 58, Article 59, Articles 62 to 65, Article 67, Paragraphs 2 and 3 of Article 68, Article 69, Article 70, Articles 72 to 82, Articles 84 to 98, and Articles 100 to 103 shall apply mutatis mutandis to utility model patent.
|Patent Act Article 127May 1, 2019|
Application and restriction of derivative design patent "For two or more similar designs owned by the same person, applications may be filed for a design patent and its derivative design patent(s). "The filing date of a patent application for derivative design shall not be earlier than the filing date of the original patent application for design. "A patent application for derivative design filed after the publication of the original design patent is not acceptable. "An applicant shall not file a patent application for derivative design patent if the design therein is only similar to another derivative design patent but not to the original design patent.
|Patent Act Article 129May 1, 2019|
Unity; design for a set of articles "An application for a design patent shall relate to one design. "Two or more articles belonging to the same class and are customarily sold or used together may be filed as one design. "A patent application for design shall indicate the article to which the design is applied.
|Patent Act Article 22May 1, 2019|
An invention which is industrially applicable may be granted a patent upon application in accordance with this Act, except for the following:
1. the invention was disclosed in a printed publication prior to the filing of the patent application;
An invention that is without the circumstances prescribed in the subparagraphs of the preceding paragraph but can be easily made 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 invention patent prescribed in the subparagraphs of Paragraph 1 or the preceding paragraph, provided that the concerned patent application is filed within twelve (12) 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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