(1) If any of the following persons has practiced, or has prepared to practice, his or her patented invention or registered utility model for business purposes within the Republic of Korea, without knowing that the patented invention or registered utility model is invalid, before a petition seeking a trial to invalidate the patent or the registration of the utility model is filed, the person shall be granted a non-exclusive license of the patent or the exclusive license of the patent existing as at the time the patent or the registration of the utility model was invalidated, within the scope of objectives of the invention or design that the person has practiced or has prepared to practice and of the business: <Amended on Feb. 29, 2016>
1. The original patentee of the invalidated patent, where one of at least two patents on the identical invention is invalidated;
2. The original owner of a registered but invalidated utility model, where the registered utility model is invalidated because it is identical to a patented invention;
3. The original patentee of an invalidated patent, where the patent is invalidated, and another patent is granted to the legitimate right-holder of the identical invention;
4. The original owner of an invalidated utility model, where the registration of his or her utility model is invalidated and a patent is granted to the legitimate right-holder on the invention identical to the design;
5. A person who has already acquired and registered an exclusive license, a non-exclusive license, or a non-exclusive license of the exclusive license before a petition seeking a trial to invalidate the patent or utility model, which is invalidated under any provision of subparagraphs 1 through 4, is filed: Provided, That the person who has acquired a non-exclusive license under Article 118 (2) shall need not be registered.
(2) A person granted a non-exclusive license under paragraph (1) shall pay equitable remuneration to the patentee or exclusive licensee of the relevant patent.[This Article Wholly Amended on Jun. 11, 2014]