Intellectual property attorney, can a minor also file a patent application?

When the applicant is a minor, as in your case, the patent application must be prepared and submitted to the Commissioner of the Korean Intellectual Property Office by a statutory representative such as an intellectual property attorney.

The reason is that the applicant for a patent must be an inventor who meets the statutory requirements or that inventor's successor, but a minor cannot be a party to a patent application.

In other words, only the person who actually made the invention that is the subject of the patent, or a person who has succeeded to that right, may file a patent application.

What is a patent application?

A "patent application" refers to the act by which a person who holds the right to obtain a patent, or that person's successor, prepares the prescribed application form (a patent application) and submits it to the Commissioner of the Korean Intellectual Property Office in order to obtain a patent.

Statutory requirements for a patent applicant

▶ The person must be a legitimate inventor.

▶ The person must have the capacity to act.

▶ The person must not be a minor under 19 years of age, a person under limited guardianship, or a person under adult guardianship (except where the person is able to perform juristic acts independently).

▶ A foreign national must be a person recognized under our law as having the capacity to hold the right to obtain a patent.

▶ An unincorporated body has no capacity to hold rights.

▶ The person must not be an employee of the Korean Intellectual Property Office or of the Intellectual Property Trial and Appeal Board.

- Employees of the Korean Intellectual Property Office and of the Intellectual Property Trial and Appeal Board cannot obtain a patent during their term of service, except in cases of inheritance or bequest.

Accordingly, if you wish to proceed with a patent application for a minor, it is advisable to receive appropriate assistance from an intellectual property attorney.