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Patent Act — Article 217 (Prohibition of Disclosure and Appraisal of Documents Relating to Patent Applications)

특허법 제217조

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.

(1) Documents concerning patent applications, examinations, petitions for patent revocation, trials, or retrials or the Patent Register may be removed from the office premise, only in any of the following cases: <Amended on Feb. 29, 2016; Dec. 2, 2016; Nov. 28, 2017; Apr. 17, 2018; Aug. 17, 2021; Feb. 6, 2024>

1. Where documents concerning patent applications or examinations are removed from the office premise for the purpose of searching prior art, etc. under Article 58 (1), (3), or (4);1-2. Where documents concerning patent applications, examinations, petitions for revoking patents, trials, and retrials or the Patent Register are removed from the office premise for the purpose of mediation under Article 164-2 (2);

2. Where documents concerning patent applications, examinations, petitions for patent revocation, trials, and retrials or the Patent Register are removed from the office premise to entrust the digitization of documents on industrial property under Article 12 (1) of the Act on Management and Utilization Facilitation of Industrial Property Information;

3. Where documents concerning patent applications, examinations, petitions for patent revocation, trials, and retrials or the Patent Register are taken out of the office premise for teleworking at home under Article 32 (2) of the Electronic Government Act;

4. Where documents concerning patent applications or examinations are taken out of the office premise for implementing a business agreement with a foreign intellectual property office or an international organization.

(2) No expert opinion, testimony, or answer may be given in response to an inquiry about a case for which a patent application, examination, trial, or retrial is pending, or an inquiry about a decision or trial ruling on whether to grant or refuse a patent, or about the details of a decision. <Amended on Feb. 29>

(3) Matters necessary for determining requirements and procedures for taken out of the office premise, types of documents, etc. under paragraph (1) 4 shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted on Nov. 28, 2017>[This Article Wholly Amended on Jun. 11, 2014]

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