South Korea to Nullify Fraudulently Obtained Patents and Enhance Criminal Penalties

South Korea is set to implement significant legal reforms targeting patents obtained through fraudulent practices. On July 21, the Korea Intellectual Property Office (KIPO) unveiled plans to revise the Patent Act to establish clear grounds for invalidating patents granted on the basis of false experimental data or copied inventions. The proposed changes also aim to introduce criminal penalties for applicants who violate the principle of good faith during the patent application process.

Under the current legal framework, even if a patent is found to contain falsely recorded experimental data after registration, only the specific false portions can be deleted, allowing the patent to remain valid. This limitation has made it challenging to preemptively block patents obtained through deceptive specifications.

KIPO intends to address this gap by prohibiting corrections to patents registered with false material and enabling the invalidation of the entire patent in such cases. Additionally, the office plans to establish procedures requiring applicants suspected of violating good faith to respond to rejection notices and prove the legitimacy of their claims during the examination process.

The revision will also overhaul punitive provisions related to fraudulent acts. Currently, the Patent Act penalizes obtaining patents through fraud or improper means, but the scope of punishable acts is vague and limited. This has allowed instances where individuals copied lesser-known inventions and secured patents without facing consequences.

To remedy this, KIPO plans to explicitly define punishable fraudulent acts and introduce criminal penalties for repeated offenses, even if the applicant fails to obtain a patent decision. The maximum penalties will be increased from up to three years imprisonment or fines of up to 30 million won to up to five years imprisonment or fines of up to 50 million won.

In addition to legal reforms, patent examination procedures will be strengthened to prevent irregular patents. KIPO aims to block patents that combine unrelated technologies from different fields, which are viewed as detrimental to patent quality. For applications suspected of such irregularities, the office will implement advisory collaborative examinations involving examiners from multiple technology fields.

Furthermore, when an irregular patent is registered, KIPO plans to initiate invalidation trials ex officio in cooperation with examiners possessing relevant technical expertise.

Jung Yeon-woo, Deputy Commissioner of the Korea Intellectual Property Office, emphasized the importance of these measures, stating, "Acts to obtain patents fraudulently bring serious consequences that undermine trust in intellectual property administration. We will create an environment in which the technology of honest inventors and companies is properly protected."

These reforms reflect South Korea's commitment to enhancing the integrity of its patent system by deterring fraudulent filings and safeguarding genuine innovation.