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Patent Act — Article 87 (Registration of Grant of Patents and Publication of Registration)

특허법 제87조

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 patent shall take effect when the grant of the patent is registered.

(2) The Commissioner of the Korean Intellectual Property Office shall register the grant of a patent in any of the following cases:

1. Where patent fees are paid under Article 79 (1);

2. Where the late payment of patent fees is made under Article 81 (1);

3. Where an under-paid patent fee is paid under Article 81-2 (2);

4. Where a patent fee or an under-paid patent fee is paid under Article 81-3 (1);

5. Where the payment of patent fees is exempted under Article 83 (1) 1 or 83 (2).

(3) When a patent is registered under paragraph (2), the Commissioner of the Korean Intellectual Property Office shall give public notice of registration of the patent by publishing the following matters in the Patent Gazette: <Amended on Feb. 29, 2016>

1. The name and address of the patentee (referring to the name and the place of business, if the patentee is a corporation);

2. The patent application number and the date of patent application;

3. The name and domicile of an inventor;

4. The abstract attached to the patent application;

5. The patent number and the date of registration of patent rights;

6. Date of public notice of registration;

7. Information about prior art, if the ground for rejection the notice of which has been given under the main clause, with the exception of the subparagraphs, of Article 63 (1) includes information about prior art (referring to the name of the publication in which the prior art is described and other sources of information about the prior art);

8. Other matters specified by Presidential Decree.

(4) The publication of registration of a patented invention to be kept confidential shall be reserved until it is declassified, and upon declassification, the registration shall be published without delay in accordance with paragraph (3).

(5) Deleted. <Feb. 29, 2016>[This Article Wholly Amended on Jun. 11, 2014]

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