| Patent Act Article 157-4May 1, 2019 |
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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. |
| 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 157-3May 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. Details > |
| Patent Act Article 142May 1, 2019 |
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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 > |
| 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; 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 > |
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