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영어

Korean Patent Act was adopted in 1946. Afterwards, it has been amended more than 30 times. It contains many procedural provisions because it deals with proceedings related to patent filing, claim or other procedures. Hence, the current version of Korean Patent Act, amended in April 2007, need to be delved into by proceduralists. In light of their viewpoints, several procedure-related stipulations of the present Korean Patent Act need to be amended. This Article will explore procedural provisions that need to be revised or reviewed. They are as follows: (ⅰ ) Capacity of Minors etc. (Patent Act(hereinafter "Act") Article 3); (ⅱ) Associations etc. Other Than a legal Entity (Act Article 4); (ⅲ) Independence of Representation (Act Article 9); (ⅳ) Replacement of Agents etc. (Act Article 10); (ⅴ) Mutatis Mutandis Application of the Civil Procedure Act (Act Article 12); (ⅵ) Succession of Procedural Effects (Act Article 18); (ⅶ) Request for a Resumption (Act Article 22); (ⅷ) The Title of Execution on Amount of Compensation and Remuneration (Act Article 125bis); (ⅸ) Submission of Documents (Act Article 132); (ⅹ) Submission of a Response etc. (Act Article 147); (ⅹⅰ) Request for Exclusion (Act Article 149); (ⅹⅱ) Recusal of a Trial Examiner (Act Article 150); (ⅹⅲ) Indication of Grounds for Exclusion or Recusal (Act Article 151); (ⅹⅳ) Combination or Separation of a Trial or Ruling (Act Article 160); (ⅹⅴ) Withdrawal of a Request for a Trial (Act Article 161); (ⅹⅵ) Ruling on a Trial (Act Article 162); (ⅹⅶ) Title of Execution of Costs or Remuneration (Act Article 166); (ⅹⅷ) Request for a Retrial (Act Article 178); and (ⅹⅸ) Request for a Retrial on Account of Collusion (Article 179). Afterwards, several proposals will be made to improve the procedural provisions of the Act.