Patent Act — Article 103 (Non-Exclusive Licenses Based on Prior Use)

A person who has created the same invention as a patent claimed in an application filed for registration of the patent without prior knowledge of the invention claimed in the patent application, or who has become aware of such patent from the person who had created it before the patent application was filed, and practices or prepares to practice the patent for business purposes within the Republic of Korea shall be granted a non-exclusive license of the patent on the invention claimed in the patent application within the scope of objectives of the invention that the person practices or prepares to practice and of the business.[This Article Wholly Amended on Jun. 11, 2014]