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Patent Act — Article 58 (Registration of Specialized Agencies)

특허법 제58조

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) Where the Commissioner of the Korean Intellectual Property Office deems it necessary for a patent applicant's filing a patent application or for examining patent applications (including international searches and international preliminary examinations with regard to international applications), he or she may request a specialized agency to conduct patent-related affairs specified by Presidential Decree, including storage and distribution of microorganisms, search for prior art, and the assignment of patent classification codes. <Amended on Dec. 2, 2016>

(2) A person who intends to conduct searches and preliminary examinations as requested by the Commissioner of the Korean Intellectual Property Office under paragraph (1), shall register itself as a specialized agency with the Commissioner of the Korean Intellectual Property Office. <Newly Inserted on Dec. 2, 2016>

(3) Where the Commissioner of the Korean Intellectual Property Office deems it necessary for the effective performance of the affairs prescribed in paragraph (1), he or she may have a dedicated agency prescribed by Presidential Decree perform the affairs concerning the management and evaluation of the affairs of a specialized agency on his or her behalf. <Newly Inserted on Apr. 17, 2018>

(4) Where deemed necessary for examining a patent application, the Commissioner of the Korea Intellectual Property Office may request cooperation or seek advice from a related administrative agency, organization specializing in the relevant technical field, or expert having abundant knowledge and experience in patents. In such cases, the Commissioner of the Korean Intellectual Property Office may pay them allowances or expenses within budgetary limits. <Amended on Dec. 2, 2016; Apr. 17, 2018>

(5) Criteria for registration of specialized agencies and matters necessary for requesting search for prior art or assigning patent classification codes under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Dec. 2, 2016; Apr. 17, 2018>[This Article Wholly Amended on Jun. 11, 2014][Title Amended on Dec. 2, 2016]

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