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Patent Act — Article 98 (Relationships to Others' Patented Inventions)

특허법 제98조

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.

Neither patentee, exclusive licensee, nor non-exclusive licensee shall practice for business purposes any patented invention on which he or she has the right to practice, without permission from the patent holder, the holder of a registered utility model, design, or trademark, if the patented invention uses another person's patented invention or registered utility model or design claimed in an application filed prior to the filing date of the patent application for the patented application, or any similar design or infringes another person's registered design or trademark claimed in an application filed prior to the filing date of the patent application for the patented application.[This Article Wholly Amended on Jun. 11, 2014]

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