Patents Laws in South Korea
Sure! Here’s an overview of Patent Laws in South Korea:
🔹 Governing Law:
Patent Act of South Korea (특허법)
Administered by the Korean Intellectual Property Office (KIPO)
🔹 Patentability Criteria:
To be patentable in South Korea, an invention must be:
Novel — It must be new and not previously disclosed.
Inventive step — It must involve an inventive step (non-obviousness).
Industrial applicability — It must be capable of being made or used in an industry.
🔹 What Cannot Be Patented:
Discoveries, scientific theories, and mathematical methods
Aesthetic creations
Schemes, rules, or methods for performing mental acts, playing games, or doing business
Computer programs “as such” (though software-related inventions can be patentable if they have technical character)
Methods of medical treatment or surgical methods (but devices or products can be patented)
🔹 Application Process:
Filing: Can file a provisional or complete patent application with KIPO.
Formal Examination: KIPO reviews the application for compliance.
Substantive Examination: Unlike South Africa, South Korea requires substantive examination. The applicant must request examination within 3 years from the filing date.
Publication: Patent applications are published 18 months after the filing or priority date.
Grant: If examination is passed, the patent is granted and published.
🔹 Patent Term:
Patents are valid for 20 years from the filing date.
Annual fees must be paid to maintain the patent.
🔹 Patent Enforcement:
South Korea has robust enforcement through civil and criminal courts.
Patent holders can claim injunctions, damages, and criminal penalties for infringement.
🔹 International Treaties:
South Korea is a member of:
Paris Convention (priority rights)
Patent Cooperation Treaty (PCT) — National phase entry within 30 or 31 months
TRIPS Agreement under the WTO
Additional notes:
South Korea has a fast-track examination system to accelerate patent grants.
Patent applicants often use KIPO's online services to monitor and manage applications.
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