Legal basis:
– Patent Act.
The term “invention” means the highly advanced creation of a technical idea utilizing the laws of nature. An invention must be registered to be patented in Korea.
Overseas resident, who is a person with no domicile or place of business in Korea, is not allowed to initiate any patent-related procedure or to file legal proceedings against a disposition made by an administrative authority. Therefore, overseas resident can be represented by a patent attorney or patent agent who has a domicile or place of business in the Republic of Korea. However, the overseas resident or the representative of an overseas corporation sojourning in Korea can initiate patent-related proceedings and file legal proceedings.
To be patented, the invention of the overseas resident will be met the following conditions:
– An invention publicly known or practiced in Korea or in a foreign country prior to the filing of a patent application;
– An invention published in a publication distributed in Korea or in a foreign country or an invention disclosed to the public via telecommunications lines prior to the filing of a patent application.
Moreover, the invention of the overseas resident is not an unpatentable invention, including:
– Violating public order;
– Violating sound morals;
– Doing harm to public health.
