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Subject |
Patent's Protection(2)-at Applncation Stage |
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3 |
Name |
IP_Park |
Date |
2003/10/31 15:55:32 |
Homepage |
http://www.ippark.com |
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II.Remedies
A. Protection at Application Stage
A patent application shall be laid-open in the Patent Gazette after one year and six months from the filing date, or in the case of an application claiming priority, after one year and six months from the claimed priority date, or upon a request of the patent applicant.
The patent applicant may send a Warning Notice to a person who has worked such invention as a business after the laid-opening of the application is made, to the effect that a patent application for the invention has been filed. The patent applicant may claim compensation equivalent to the amount which he is entitled to receive ordinarily for the working of the invention, during the period from the time the Warning Notice is given or the fact that it is an invention the application for which is laid-open is known until the registration, to the person to whom the Warning Notice is given, or who has worked the invention as a business after knowing the laying open of the patent invention. The claim for the compensation may not be enforced unless the patent application is registered.
When a patent application is filed, any person may request an examination of the patent application to the Commissioner of Korean Intellectual Property Office (referred to as "KIPO") within five years from the application date. If a third party other than the applicant is working the invention as a business after being laid-open the patent applicant may request the Commissioner of KIPO to examine the concerned application in "preference" to other patent applications upon proving the third party's working of the invention.
An examination of a patent application shall only be made when a request for examination is made. If a patent Examiner does not find any reason to reject a patent application, he shall decide to issue the patent registration, with the publication of registration as a public notification to raise an opposition. |
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