韓國專利法第42條

筆記

韓國專利法第42條為韓國專利申請案的格式規定，包括：

• 申請書內容：申請人名稱、代理人名稱、發明名稱、發明人
• 專利說明書內容： 發明名稱、圖示說明、說明書、申請專利範圍
• 說明書規定：清楚而使得相關技術的一般人員可以理解並據以實施、技術內容與其改良
• 申請專利範圍撰寫規定：為說明書支持、清楚而夠細節
• 說明書可以包括並未揭示於申請專利犯圍的內容，說明書可被修正以至於界定出請求項範圍，期限如：申請後一年半內，或收到OA後三個月內提出修正
• 請求項撰寫應明確揭示必要的結構、方法、功能與材料

[英文版]
Article 42
(Patent Applications)
(1) Any person who intends to obtain a patent shall file a patent application stating the following with the Commissioner of the Korean Intellectual Property Office:
1. The name and domicile of an applicant (if a juristic person, its title and place of business);
2. The name and domicile, or place of business of a representative of the applicant, if any (the title, place of business and the name of the designated patent attorney if the representative is a patent corporation);
3. Deleted;
4. The title of the invention;
5. The name and the domicile of an inventor;
6. Deleted.
(2) A patent application under paragraph (1) shall be accompanied by a specification stating the following and necessary drawings and abstracts:
1. The title of an invention;
2. Brief description of the drawings;
3. Detailed description of the invention;
4. The scope of claims.
(3) Detailed descriptions of an invention under paragraph (2) 3 shall satisfy the following requirements:
1. Descriptions of an invention shall be provided in accordance with the methods
prescribed by Ordinance of the Ministry of Trade, Industry and Energy in a clear and detailed manner to ensure that any person with ordinary knowledge in the technology sector to which the relevant invention belongs can easily make an invention;
2. Technology used for the relevant innovation shall be stated.
(4) The scope of claims under paragraph (2) 4 shall describe the matter for which protection is sought in one or more claims (hereinafter referred to as "claims") and the claims shall fall under any of the following subparagraphs:
1. The claims shall be supported by detailed description of the invention;
2. The claims shall define the invention clearly and in detail;
3. Deleted.
(5) When filing a patent application, any patent applicant may attach the specification not stating the scope of claims under paragraph (2) 4 to the patent application, notwithstanding paragraph (2). In such cases, the specification shall be amended so as to state the claims within the period classified under the following subparagraphs:
1. Until one and half years since the day falling under any subparagraph of Article 64 (1);
2. Until three months since the day of receiving the notification of the purport of a request of examination of the patent application under the provisions of Article 60 (3) within the period set forth in subparagraph 1 (until one and a half years since the day falling under any subparagraph of Article 64 (1), if such notification was received after one year and three months from the day falling under any subparagraph of the same paragraph).
(6) The scope of claims under paragraph (2) 4 shall state such matters regarded necessary to specify an invention as structures, methods, functions and materials
or combination thereof to clarify what to be protected.
(7) Where a patent applicant fails to amend the specification until the period set
forth in each subparagraph of paragraph (5) has passed after filing an application, the application concerned shall be deemed withdrawn on the
day after the period expires.
(8) Matters necessary for a method enter the scope of claims under paragraph (2)
4 shall be prescribed by Presidential Decree.
(9) Details concerning the description of an abstract under paragraph (2) shall
be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

Ron