Lee International

Enforcement of Patent Rights Against Exportation of Infringing Products

Under the current Patent Act, acts of manufacturing, using, assigning, leasing, or importing a patented product, or offering to assign or lease a patented product (including displaying the product for the purpose of assignment or lease) are considered as acts of working the patented invention.

The Patent Act will be revised to include "exporting" as an act of working a patented invention.  As a result, patent holders will be able to seek remedies even against parties exporting infringing products, including claims for injunctions, damages, and criminal liability for patent infringement.

This revision is expected to provide broader protection for patent holders.

14-Year Cap on Extended Patent Term for Pharmaceuticals and Limitation on the Number of Patents Eligible for PTE

Under the current Patent Act, there is no cap on the total remaining patent term with a patent term extension (PTE) allowed for up to 5 years based on drug marketing approval, and PTE is available for multiple patents based on a single approval.

However, according to the revised Patent Act, (1) the total remaining patent term with PTE based on marketing approval cannot exceed 14 years from the approval date, and (2) the number of patents eligible for PTE based on a single marketing approval is limited to one.

These changes align the approval-based PTE system in Korea with international standards, such as those in the United States and Europe, and are expected to facilitate the market entry of generic drugs.

The revised Patent Act will be promulgated in January 2025 and will take effect six months after promulgation.