(1) An invention having industrial applicability, other than the following, is patentable:
1. An invention publicly known or practiced in the Republic of Korea or in a foreign country prior to the filing of a patent application;
2. An invention published in a publication distributed in the Republic of Korea or in a foreign country or an invention disclosed to the public via telecommunications lines prior to the filing of a patent application.
(2) Notwithstanding paragraph (1), an invention easily creatable by a person with ordinary knowledge in the technical field of the invention, on the basis of the invention referred to in any subparagraph of paragraph (1), prior to the filing of a patent application, shall not be patentable.
(3) Notwithstanding paragraph (1), an invention shall not be patentable, if the invention for which a patent application is filed is identical to an invention described in the specification or drawings initially accompanying a separate patent application that meets all the following requirements: Provided, That the foregoing shall not apply where the inventor of the patent application at issue and the inventor of another patent are the same person, or where the applicant who has filed the patent application at issue and the applicant for a separate patent application are the same person:
1. The patent application had been filed before the filing date of the patent application at issue;
2. The patent application has been laid open under Article 64 or the patent has been registered and published under Article 87 (3) after the patent application at issue was filed.
(4) Notwithstanding paragraph (1), an invention shall not be patentable, if the invention for which a patent application is filed is identical to a design described in the specification or drawings initially accompanying an application for registration of a utility model that meets all the following requirements: Provided, That the foregoing shall not apply where the inventor of the patent application at issue and the designer of the utility model for which an application is filed to register are the same person, or where the applicant who has filed the patent application at issue and the applicant for registration of a utility model are the same person:
1. The application for registration of a utility model has been filed before the filing date of the patent application at issue;
2. The application for registration of a utility model has been laid open under Article 64 of this Act, which shall apply mutatis mutandis pursuant to Article 15 of the Utility Model Act, or the utility model has been registered and published under Article 21 (3) of the Utility Model Act.
(5) For the purposes of paragraph (3), if a separate patent application is an international patent application defined in Article 199 (2) (including an international application deemed a patent application under Article 214 (4)), "specification or drawings initially accompanying a separate patent application" in the main clause of paragraph (3) shall be construed as "specification, claims, or drawings submitted by the international application date", and "laid open" in subparagraph 2 of the same paragraph as "laid open or published internationally under Article 21 of the Patent Cooperation Treaty", respectively.
(6) For the purposes of paragraph (4), if an application for registration of a utility model is an international application for registration of a utility model under Article 34 (2) of the Utility Model Act (including an international application deemed an application for registration of a utility model under Article 40 (4) of the same Act), "specification or drawings initially accompanying an application" in the main clause of paragraph (4) shall be construed as "specification, claims, or drawings of a design submitted by the international application date", and "laid open" in subparagraph 2 of the same paragraph as "laid open or published internationally under Article 21 of the Patent Cooperation Treaty", respectively.
(7) For the purposes of paragraph (3) or (4), no international patent application deemed withdrawn under Article 201 (4) or an application for registration of a utility model deemed withdrawn under Article 35 (4) of the Utility Model Act shall be deemed either a separate patent application or another application for registration of a utility model.[This Article Wholly Amended on Jun. 11, 2014]