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Purpose of the patent system

The purpose of the patent system is to accelerate the development of technology though the protection, encouragement, promotion, and utilization of inventions, and thereby contribute to the development of industry.

The publication of inventions leads to the accumulation and utilization of technolog-y and the advancement of industry.

Granting exclusive rights for the commercial usage of a patented invention promotes commercialization, encourages the development of inventions, and leads to the advancement of industry.

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Requirements for acquiring patent rights

A patent must have industrial applicability; it must be usable in industry.

The technology must have novelty; it must not be known to the public (prior art) before an application is submitted.

The technology must have an inventive step; it must not be easily derivable from prior art, even though it differs from prior art.

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Effects and term of a patent right

The term of a patent right commences when the establishment of patent right is reg-istered; it ends 20 years after the filing date of the patent application. The corres-ponding term for a utility model is 10 years.

The effect of a patent right is subject to the principle of territoriality; that is, it is valid only in the country where the right is obtained.

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Divisional application

Under the Korean Patent Act, applicants are allowed to file a divisional application within the following time periods:

- A Period before receiving a Notice of Office Action after filing an application (Period 1)
- A period for responding to a Notice of Office Action (Period 2)
- A period for responding to a Notice of Final Rejection (Period 3)
- 3 months after receiving a Notice of Allowance, but before paying registration fees (Period 4)

Comparison of the procedures for the previous and current utility model application system.

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Inventions and devices

A patent right is granted for inventions, while utility model rights are granted for devices.
Methods or process, substances or materials of indefinite shapes, and computer programs are not eligible for utility model rights.

Under the Patent Act, an invention has a higher degree of technology than a device.
- Definition of invention: a highly advanced creation of a technical idea using the rules of nature.
- Definition of device: a creation of a technical idea using the rules of nature.

The term of a patent right commences at the time of registration and remains in force for twenty years from the filing date of the patent application, whereas the term of a utility model right commences at the time of registration and remains in force for ten years from the filing date of the utility model application.