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Patent Act — Article 42 (Patent Applications)

특허법 제42조

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) A person who intends to obtain a patent shall file a patent application stating the following information, with the Commissioner of the Korean Intellectual Property Office: <Amended on Jun. 11, 2014>

1. The name and domicile of the patent applicant (if the applicant is a corporation, its name and place of business);

2. The name and the domicile or place of business of an agent, if the patent applicant is represented by an agent (if the agent is a patent firm or limited-liability patent firm, its name and place of business, and the name of the patent attorney designated for the case);

3. The title of the invention;

4. The name and domicile of the inventor;(2) A patent application filed under paragraph (1) shall be accompanied by a specification containing the description of the invention and the claims, necessary drawings, and an abstract. <Amended on Jun. 11, 2014>

(3) A description of an invention under paragraph (2) shall satisfy all of the following requirements: <Amended on Jun. 11, 2014>

1. To clearly detail the invention in such manner that any person with ordinary knowledge in the technical field of the relevant invention can easily practice the invention;

2. To state the technology used for the invention.

(4) Claims referred to in paragraph (2) shall state at least a claim to be protected (hereinafter referred to as "claim"), and each claim shall satisfy all of the following requirements: <Amended on, Jun. 11, 2014>

1. The invention shall be supported by the description;

2. The invention shall be clearly and concisely described.

(5) Deleted. <Jun. 11, 2014>

(6) Claims referred to in paragraph (2) shall state the structures, methods, functions, and materials, or combinations thereof deemed necessary for identifying the invention in order to clarify the claims to be protected. <Amended on Jun. 11, 2014>

(7) Deleted. <Jun. 11, 2014>

(8) Matters necessary for the methods of stating the claims under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Jun. 11, 2014>

(9) Matters necessary for the methods of making the description, drawings, and an abstract of an invention under paragraph (2) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Jun. 11, 2014>[Title Amended on Jun. 11, 2014]

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