Patent Act Article 157-2May 1, 2019

Transitional provisions: pending applications

Unless otherwise provided for in the Act, for a patent application which is still pending at the time of the implementation of the April 16, 2019, amendment to this Act, the amended Patent Act shall apply.

With respect to a request for post-grant amendment and invalidation action which is still pending at the time of the implementation of the April 16, 2019, amendment to this Act, the amended Patent Act shall apply.

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Patent Act Article 157May 1, 2019

Transitional provisions: pending patent application for associated design

In respect of a patent application for associated design that is still pending at the time of the implementation of the November 29, 2011, amendment of this Act, the provisions of this Act prior to amendment with respect to associated design patent shall apply.

In respect of a patent application for associated design that is still pending at the time of the implementation of the November 29, 2011, amendment of this Act, if the patent application for associated design is filed prior to the publication of its original patent application for design, the applicant may file a request to convert it to a patent application for derivative design within three (3) months after the implementation of the amended Act.

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Patent Act Article 157-1May 1, 2019

Transitional provisions: grace period

Article 22, Article 59, Article 122 and Article 142 amended on December 30, 2016 shall be applicable only to patent applications filed after the implementation of the said amendment to this Act.

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Patent Act Article 157-3May 1, 2019

Transitional provisions: Divisional application after rendering a decision of patent application

With respect to an examination decision on patent application for invention or utility model rendered prior to the implementation of the April 16, 2019, amendment to this Act, if the corresponding time period set forth in Subparagraph 2, Paragraph 2 of Article 34 or Subparagraph 2, Paragraph 2 of Article 107 has not expired, Subparagraph 2, the amended Patent Act shall apply.

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Patent Act Article 157-4May 1, 2019

Transitional provisions: patent term of design patent

With respect to the term of a design paten, when the term of the patent has not expired prior to the implementation of the April 16, 2019, amendment to this Act, the amended Patent Act shall apply.

With respect to the term of a design patent, when the patent right has become extinguished pursuant to Subparagraph 3, Paragraph 1 of Article 70 applicable mutatis mutandis under Paragraph 1 of Article 142 prior to the implementation of the April 16, 2019, amendment to this Act, and then has been reinstated through an application made according to Paragraph 2 of Article 70 applicable mutatis mutandis under Paragraph 1 of Article 142 after the implementation of the April 16, 2019, amendment to this Act, the amended Patent Act shall apply.

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