Protection Measures for Unregistered Licensees under Patent Assignment Claims
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, co...
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| Format: | Article |
| Language: | English |
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Korea Institute of Intellectual Property
2025-06-01
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| Series: | Journal of Intellectual Property |
| Subjects: | |
| Online Access: | https://jip.or.kr/2002-04/ |
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| Summary: | 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. |
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| ISSN: | 1975-5945 2733-8487 |