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Patent Act — Article 38 (Succession to Entitlement to Patent)

특허법 제38조

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) The successor to an entitlement to a patent for which no patent application has been filed shall have no valid claim or defense against a third party, unless the successor files a patent application.

(2) If at least two persons succeed to an entitlement to an identical patent from the same person, and if at least two applications for the patent are filed on the same date, the succession to the entitlement to the patent shall be effective only for the person agreed upon by each patent applicant.

(3) If at least two persons succeed to an entitlement to a patent or the registration of a utility model on an identical invention or design from the same person, and if at least two applications for the patent or for registration of the utility model are filed on the same date, the succession shall be effective only for the person agreed upon by each applicant for the patent or for registration of the utility model.

(4) No succession to an entitlement to a patent for which a patent application has been filed shall be effective, unless a report on amendment of the patent applicant is filed, except for succession by inheritance or other universal succession.

(5) The successor to an entitlement to a patent by inheritance or other universal succession shall notify the Commissioner of the Korean Intellectual Property Office of the succession without delay.

(6) If at least two persons succeed to an entitlement to an identical patent from the same person, and if at least two reports on amendment of the patent applicant are filed on the same date regarding such entitlement, the report shall be effective only for the person agreed upon by each person who has filed the reports.

(7) Article 36 (6) shall apply mutatis mutandis to cases falling under paragraphs (2), (3), and (6).[This Article Wholly Amended on Jun. 11, 2014]

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