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Patent Act — Article 99-2 (Claim for Transfer of Patents)

특허법 제99조의2

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) If a patent falls under the main clause of Article 133 (1) 2, the person who holds the right to acquire the patent may file a claim for the transfer of the patent (referring to the transfer of his or her share in a patent, if the right to acquire the patent is jointly owned) with the court.

(2) If a transfer of a patent is registered according to the claim under paragraph (1), it shall be deemed that the following rights shall belong to the registered transferee from the date when the grant of the patent is registered:

1. The relevant patent;

2. The right to claim the payment of compensation under Article 65 (2);

3. The right to claim the payment of compensation under Article 207 (4).

(3) Notwithstanding Article 99 (2), where a share in a jointly owned patent is transferred according to the claim under paragraph (1), the share may be transferred without the other co-owner's consent.[This Article Newly Inserted on Feb. 29, 2016]

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