Patent Act (Teukheobeop)
The Patent Act (Teukheobeop) governs the grant and protection of patents in South Korea. Enacted in 1961, the Act establishes the requirements for patentability (novelty, inventive step, industrial applicability), the procedures for patent application and examination, the rights conferred by a patent, and remedies for infringement. South Korea operates a first-to-file system, and patents are granted by the Korean Intellectual Property Office (KIPO).
Legal area: Law governing patents, copyrights, trademarks, and other intellectual creations.
Year enacted: 1961
Full text: https://elaw.klri.re.kr/eng_service/law_view.do?hseq=south-korea-patent-act
Key Provisions
- Chapter II: Patentable inventions (novelty, inventive step, industrial applicability)
- Chapter III: Patent application and examination
- Chapter IV: Rights conferred by patent (exclusive rights, licensing)
- Chapter V: Patent infringement (injunctions, damages)
- Chapter VI: Patent duration (20 years, extension for regulatory delay)
- Chapter VII: Patent invalidation and trial proceedings
Significance
The Patent Act has been amended to strengthen South Korea’s intellectual property framework. South Korea is one of the world’s leading patent-filing nations, with KIPO processing hundreds of thousands of applications annually. The Act’s provisions on patent term extension for regulatory delay support pharmaceutical innovation. South Korea participates in international patent cooperation through the Patent Cooperation Treaty (PCT). The Act has been amended to address software patents and business method patents.