I. Novelty
The current Patent Act does not explicitly prescribes destroying
of novelty due to disclosure on internet. This problem is
dealt with the amendment and it became clear that by disclosing
on internet before the priority date the invention will lose
novelty. (Art. 29(1))
Under the current Patent Act, a period of grace of six
months is allowed for a patent application which has been
known by the applicant before the filing date in Korea.
One question has remained un-answered under the current grace
period provision in Korea: what about a patent application
which is not same as but improved from the invention known
by the applicant? This was because the article prescribing
non-prejudicial disclosures (Art. 30(1)) recites only the
novelty provision (Art. 29(1)) but not the inventive step
provision (Art. 29(2)).
To this question, the amended Patent Act gives an affirmative
answer and will also recognize the grace period in applying
the inventive step provision as well as the novelty provision.
(Art. 30(1))
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