Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

The Obsolescence of Article 229 of the Korean Patent Act in Pharmaceutical Inventions and Legislative Measures for Its Reform

Herelaw Law Office, Republic of Korea

Correspondence to Dong Hun Lee, E-mail: dhlee.herelaw@gmail.com

Volume 21, Number 1, Pages 1-13, March 2026.
Journal of Intellectual Property 2026;21(1):1-13. https://doi.org/10.34122/jip.2026.21.1.1
Received on November 04, 2025, Revised on November 27, 2025, Accepted on March 06, 2026, Published on March 30, 2026.
Copyright © 2026 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.

Abstract

Article 229 of the Korean Patent Act aims to preserve the integrity of the patent system by punishing those who acquire patents through false or fraudulent acts. However, in the field of pharmaceutical inventions, the provision has become virtually ineffective. Lengthy clinical trials, regulatory approvals, and data exclusivity under the Pharmaceutical Affairs Act often mean that several years pass between patent registration and market entry. By the time false data or manipulated experiments are discovered, the five-year statute of limitations has already expired, thereby making criminal prosecution impossible. This structural gap is exemplified by the Daewoong Pharmaceutical case exemplifies this structural gap: although the company obtained a patent based on falsified bioequivalence data, prosecutors could not apply Article 229 and instead relied on other statutes. This study argues that the provision fails precisely where it is most needed and proposes legislative reforms of resetting the limitation period, increasing penalties, adding administrative sanctions, and enhancing data verification during examination. These measures are essential not merely to strengthen punishment, but also to restore trust and fairness within the patent system and pharmaceutical industry.
Keywords

Article 229 of the Patent Act, Daewoong Pharmaceutical Case, Data Exclusivity Regime, Fraudulent Act, Legislative Reform, Pharmaceutical Invention, Reliability of the Patent System, Statute of Limitations

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

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