SOUTH KOREA Law and Practice Contributed by: Hwansung Park, Eunwoo (Vera) Lee, Hankil D. Kang and Jung Heo, Lee & Ko
requirements are satisfied, a notice of allowance is issued. Finally, patent rights are formally established upon payment of the registration fee. Timeline and Costs For standard examination, the process from the request for examination to registration typically takes about two years. If an application meets specific requirements, an accelerated examination can be requested, which may reduce the timeline to approxi- mately six months. Official fees payable to MOIP include surcharges based on the number of claims. Representation For foreign applicants without an address or busi- ness office in Korea, the appointment of a local patent attorney is mandatory for filing procedures. While it is not a legal requirement for domestic applicants, it is common practice to appoint an agent. 1.3 Scope, Term and Maintenance of Patent Rights Scope of Rights A patent grants the patentee the exclusive right to commercially exploit the patented invention as a busi- ness. Based on this, the patent holder may seek to enjoin The standard patent term is 20 years from the filing date, with the patent right taking effect from the regis- tration date. To maintain the patent, the patentee must pay the initial three-year registration fee upon grant and subsequent annual renewal fees. If a payment deadline is missed, a six-month grace period applies. Failure to pay by the end of this period generally caus- es the patent to expire. However, the patentee may apply to restore the patent within three months after the grace period by paying double the fee, or in certain cases where the failure to pay was due to circum- stances beyond the patentee’s control. Term Extension If a patented invention requires regulatory approval or registration under other laws, and the process involves time-consuming safety or efficacy testing, the infringing activities and claim damages. Term and Maintenance of Patent Rights
patent term may be extended for up to five years. This provision applies to pharmaceutical and narcotic mar- keting authorisations under the Pharmaceutical Affairs Act and the Narcotics Control Act, as well as the reg- istration of agrochemicals or their active ingredients under the Agrochemicals Control Act. Generally, only one patent term extension is granted per approved product. 1.4 Ownership, Assignment and Licensing Ownership The right to obtain a patent initially vests in the inven- tor. A patent application may be filed by the person who holds this right, which is the inventor or their suc- cessor in title. Employee Inventions An invention qualifies as an “employee invention” if: (i) it falls within the scope of the employer’s business; (ii) it was made by the employee in the course of their duties; and (iii) the act resulting in the invention relates to the employee’s current or former duties. While ownership initially vests in the employee-inventor, the employer may acquire the rights through a pre- existing agreement. If the employee obtains a patent for an employee invention instead of the employer, the employer is granted a royalty-free statutory non- exclusive licence. If the employee transfers the patent rights or grants an exclusive licence to the employer, they are entitled to just compensation. Universities There is no specific statutory provision governing employee inventions at educational institutions. How- ever, the prevailing view is that inventions resulting from research supported by university or govern- ment funding are treated as employee inventions. Conversely, research conducted jointly with private companies is typically classified as a “free invention”, with ownership rights determined by the terms of the specific contract. Assignment and Licensing The assignment of a patent right or the grant of an exclusive licence must be registered with the MOIP to be effective against third parties. While a non- exclusive licence becomes effective between the par- ties upon the signing of the agreement, registering it
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