Legal Q&A
Q
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I recently developed a product with a new idea, and I want to register a patent. However, I do not really know what conditions must be met to obtain a patent. I think there may also be inventions that cannot be patented, so I am also curious about in what cases a patent cannot be obtained. I would be grateful if the patent attorney could provide an answer!
Patent attorney
Answer
Published:
Author : Kuk Il KIM
In order to file a patent application, the invention must meet the various requirements set forth in the Patent Act.
This is a procedure for confirming whether the invention has technical value and the potential for industrial use.
In addition, the Patent Act restricts registration for inventions that fall under grounds for non-patentability.
Therefore, when considering a patent application, it is important to fully understand and prepare these requirements.
1. Is it a technical idea that utilizes the laws of nature?
2. Can it be used industrially?
3. Is it a new invention?
4. Is it an invention more advanced than existing inventions?
5. Does it not fall under grounds for non-patentability?
6. Is the invention specifically described in the specification, and are the claims clear?
7. Was it filed before others?
Avoiding inventions that fall under grounds for non-patentability during the patent application process is also very important.
For example, inventions that may harm public order or good morals, inventions necessary for national defense, and treatment methods and surgical methods targeting humans cannot be patented.
In addition, physically impossible inventions, such as a perpetual motion machine, are also not subject to a patent.
Accurately understanding these requirements and avoiding mistakes during the application process is very important, and for this, the help of a patent attorney can be said to be essential.
Please note that it is advisable to accurately identify grounds for non-patentability in advance together with a patent attorney and to prevent legal problems that may arise during the application procedure, thereby helping to improve the chances of a successful application.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
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