Korean Patent Act and Utility Model Act Amendments - A New Regulations make Description of a Background Technology of an Invention Mandatory

The Utility Model Act amendment was decided by the Congress on March 30th, 2011 and will come in effect starting July 1st, 2011. On the other hand, the Patent Act amendment is being reviewed by the Congress, will pass through the Congress in April, and is expected to come in effect on July 1st, 2011 similar to the Utility Model Act.

The contents of amendments of the Patent Act and Utility Model Act added a regulation requiring that "a background technology of an invention shall be described," regarding the detailed description of an invention. Any application that violates such regulation will get a notice for refusal; however, such may not a ground for invalidation after a patent is issued.

Officials of the KIPO stated that examination guidelines regarding the description of a background technology is underway. Furthermore, an amendment to add the description of a background technology after an application has been filed will be permitted.