Professor, IP Education Center, Kangwon National University; Attorney at Law, Patent Attorney, Republic of Korea
Correspondence to Kyoung Ho Kim, E-mail: chillguy@naver.com
Volume 20, Number 2, Pages 73-91, June 2025.
Journal of Intellectual Property 2025;20(2):73-91. https://doi.org/10.34122/jip.2025.20.2.73
Received on April 09, 2025, Revised on April 25, 2025, Accepted on May 30, 2025, Published on June 30, 2025.
Copyright © 2025 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.
The Korean Patent Act provides a legal mechanism for rightful owners to claim the transfer of patent rights filed by individuals lacking legitimate entitlement. It also grants a paid, nonexclusive license to those who, in good faith, obtain and register a license from such unauthorized patentees, covering the scope of the invention being practiced or prepared for practice. However, in practice, most non-exclusive licenses remain unregistered, resulting in an unstable legal status for licensees, particularly when patent ownership changes. Therefore, there is a growing need for legislative measures to ensure that licensees assert their rights against new patent holders, regardless of their registration status. Key recommendations introducing a statutory limit on the period within which assignment claims can be exercised, and mandating that such claims be formally disclosed to licensees. These protections would ensure that unregistered licensees can continue exercising their rights and reduce legal instability in patent transactions.
Patent assignment claim, parent application, parent invention, person without rights, legitimate rights holder, and unregistered licensee
No potential conflict of interest relevant to this article was reported.
The author received manuscript fees for this article from Korea Institute of Intellectual Property.