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Patent Act — Article 96 (Limitations on Effects of Patents)

특허법 제96조

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 effects of a patent shall not extend to the following:

1. Practice of a patented invention for the purpose of research or testing (including research and testing for obtaining permission for items of medicines or reporting items of medicines under the Pharmaceutical Affairs Act or for registering pesticides under the Pesticide Control Act);

2. Ships, aircraft, vehicles merely passing through the Republic of Korea, or machines, instruments, equipment, or other articles used therein;

3. Articles existing in the Republic of Korea as at the time the relevant patent application was filed.

(2) The effects of a patent on the invention of a medicine manufactured by mixing at least two medicines (referring to products used for the diagnosis, relief, treatment, therapy, or prevention of human diseases; hereinafter the same shall apply) or on the invention of a process for manufacturing medicines by mixing at least two medicines shall not extend to the preparation of prescriptions and medicines prepared according to such prescriptions under the Pharmaceutical Affairs Act.[This Article Wholly Amended on Jun. 11, 2014]

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