| Patent Act Article 157-3May 1, 2019 |
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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. |
| Patent Act Article 157May 1, 2019 |
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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. Details > |
| 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. Details > |
| 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. Details > |
| 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. Details > |
| Patent Act Article 107May 1, 2019 |
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Divisional application of utility model patent A patent application for utility model which substantially contains two or more utility models may, upon notice by the Specific Patent Agency or upon request by the applicant, be divided into two or more divisional applications. A request for division shall be filed within the time periods specified below: 1. prior to the rendering of a decision on the original utility model application; or Details > |
| Patent Act Article 34May 1, 2019 |
Divisional application of invention patent A patent application that substantially contains two or more inventions may, upon notice by the Specific Patent Agency or upon request by the applicant, be divided into two or more divisional applications. A request for division shall be filed within any of the following time periods: 1. before a reexamination decision on the original patent application is rendered; or The filing date of the divisional patent application shall be the same as the filing date of the original application. Where the priority claim has been made, the applicant may claim priority for the divisional patent application. The divisional patent application shall not extend beyond the scope of content disclosed in the description, claim(s), or drawing(s) of the original patent application as filed. For the divisional patent application filed in accordance with Subparagraph 1 of Paragraph 2, the examination thereof shall resume the completed examination procedure of the original patent application. For the divisional patent application filed in accordance with Subparagraph 2 of Paragraph 2, it shall be based on the invention(s) disclosed in the description or the drawing(s), but shall not be the same as that have been approved in the original patent application; the examination thereof that has been conducted before the original patent application is approved shall be resumed. The description, claim(s), or drawing(s) of the original patent application that have been approved may not be altered and shall be published based on the claim(s) and drawing(s) as originally approved. Details > |
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