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Patent Act — Article 122 (Non-Exclusive Licenses Subsequent to Transfer of Patents by Exercise of Pledge Rights)

특허법 제122조

This English translation is based on the Korean text effective 2024-08-21. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

Where a patentee (referring to all the rest of the joint owners of the patent except those who have requested division of the patent, if division of the patent that is jointly owned is requested) has practiced a patented invention before a pledge right is established on the patent or before a request for division of the patent is made, he or she shall be entitled to a non-exclusive license of the patented invention even if the patent is transferred by auction or any similar means. In such cases, the patentee shall pay reasonable consideration to the person to whom the patent is transferred by means of auction, etc. <Amended on Oct. 19, 2021>[This Article Wholly Amended on Jun. 11, 2014][Title Amended on Oct. 19, 2021]

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