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Korea (South) - Revision of Patent Law

The Korean Patent Law has been amended. The amendments came into effect on July 1, 2001.

The main changes are as follows:

(1) Publication of the invention on the Internet or by other electronic media prior to the filing date or a validly claimed priority date will become prior art against an application claiming the invention so disclosed. However, the six month grace period which applies to certain printed publications made by the inventor before filing his or her patent application will also apply to all Internet publications.

(2) The restrictions that have previously existed as to the specific times at which amendments to applications may be made will be abolished, although amendments following an official action must be made within the term for responding to that action and amendments to be made during an appeal will have to be made within thirty days of filing the appeal notice. The limitations on the nature of permissible amendments has now been strengthened so as to preclude the addition of new matter (under the present law amendments are permitted that do not change the gist of the invention) and in particular to limit amendments on appeal to restrictions of the claims, correction of errors, and clarification of ambiguous expressions.

(3) A provision has been introduced to permit revival of patents which lapse as a result of failure to pay the registration fee or an annuity fee if the failure was as a result of "unavoidable reasons for which the patentee is not responsible" and the fees are paid within fourteen days of the day on which the reasons for non-payment cease to exist.

(4) The method for calculating damages for patent infringement are to be modified to in a way which should increase damage awards. Furthermore the maximum fines and periods of imprisonment of criminal patent infringement are increased to a maximum fine of about $75,000 for an individual and $225,000 for a corporation and a maximum term of imprisonment of seven years.

(5) The ways in which a granted patent may be corrected are modified so as to avoid the possibility of competing actions for correction and nullity or opposition. Under the new law, correction will be possible during the course of a nullity action and it will not be possible to institute separate proceedings for correction while an opposition or nullity suit is in progress.

(6) Previously when a patent was ready to be granted, the registration fees must be paid on all accepted claims. Under the new law it will be possible to pay fees on only a limited number of claims if the applicant decides that not all the allowed claims are needed. This could be of importance, since in Korea the maintenance fees payable are dependent on the total number of claims present in the patent.


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© Copyright 2002 Ladas & Parry - Posted February 2002
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