Patents Laws in North Korea
Here’s a summary of the patent laws in North Korea (officially the Democratic People’s Republic of Korea, DPRK):
🇰🇵 Patent Laws in North Korea
Patent protection in North Korea is governed by the Law on Invention and Patent (most recently updated in 2013). The law regulates inventions, patents, and utility models. The patent system is administered by the State Intellectual Property Office of DPRK.
1. Patentability Criteria
An invention is patentable if it meets the following:
Novelty: The invention must be new and not publicly known anywhere in the world before the filing date.
Inventive Step: The invention must represent a significant technical advancement.
Industrial Applicability: The invention must be capable of industrial use.
Exclusions:
Scientific discoveries, laws of nature, and mathematical methods.
Methods for diagnosis, treatment, or surgery on humans or animals.
Aesthetic creations.
Plant and animal varieties.
Computer programs as such.
2. Types of Protection
Invention Patents: For new inventions meeting patentability criteria.
Utility Models: Protection for minor technical improvements, usually for 5-10 years.
Industrial Designs: For the appearance of products (separately protected).
3. Patent Duration
Invention patents: 15 years from the date of grant.
Utility models: 5 to 10 years depending on the type.
4. Patent Application Procedure
Applications are filed with the State Intellectual Property Office.
Documents required include:
A detailed description,
Claims,
Abstract,
Drawings (if applicable).
Applications undergo formal and substantive examination.
North Korea applies a first-to-file system.
5. Foreign Applicants
Foreigners can file patents in North Korea, typically via a local agent.
North Korea is a member of the Paris Convention, allowing priority claims within 12 months.
North Korea is not a member of the Patent Cooperation Treaty (PCT).
6. Patent Rights and Enforcement
Patent holders have exclusive rights to exploit the invention.
Unauthorized use can lead to civil and criminal penalties.
Patent rights can be licensed or transferred.
7. Compulsory Licensing
The government may grant compulsory licenses in cases of public interest or non-working of patents.
8. International Treaties
Member of the Paris Convention.
Not a member of the PCT or WTO.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law on Invention and Patent (2013) |
| Patent Term | 15 years from grant |
| Patentability Criteria | Novelty, inventive step, industrial use |
| Application Process | Formal and substantive examination |
| Foreign Applicants | Allowed; Paris Convention priority claims |
| Utility Models | Yes, 5-10 years duration |
| Enforcement | Civil and criminal penalties |
| Compulsory Licensing | Allowed under conditions |
| International Membership | Paris Convention |
North Korea’s patent system is relatively closed compared to many countries, and enforcement can be challenging due to the country’s unique political and legal environment.
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