Patent Act Article 58May 1, 2019

Effects of invention patent right

Unless otherwise provided for in this Act, the patentee of an invention patent has an exclusive right to prevent others from exploiting the invention without the patentee’s consent.

Where the invention is a product, exploiting of which means the acts of making, offering for sale, selling, using, or importing that product for the aforementioned purposes.

Where the invention is a process, exploiting of which means the following acts:

1. using the process; and
2. using, offering for sale, selling or importing for these purposes the product obtained directly by that process.

The extent of the protection conferred by an invention patent shall be determined by the claim(s), and the description and drawing(s) may be considered as a reference when interpreting the claim(s).

The abstract shall not be used for the purpose of interpreting claim(s).

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