In what cases does patent right infringement occur?

Direct infringement of a patent right refers to the act of a person other than the patent holder or exclusive licensee working a patented invention as a business without legitimate authority.

You should note that even if a patented invention has been lawfully and validly registered, patent right infringement may be recognized where there is a relationship, such as a relationship of use, with another right that was filed earlier, as in the case of an invention that utilizes an earlier one.

Acts regarded as patent right infringement

▶ Where the patent is an invention of a product: the act of producing, transferring, leasing, or importing an article used solely for producing that product, or offering to transfer or lease such an article

▶ Where the patent is an invention of a process: the act of producing, transferring, leasing, or importing an article used solely for working that process, or offering to transfer or lease such an article

If your patent right has been infringed, you may apply for a remedy against the infringement through the right to seek an injunction against infringement, the right to claim damages, and the right to seek restoration of reputation, among others.

In addition, if criminal liability for the offense of patent right infringement is recognized, you may be subject to imprisonment for up to seven years or a fine of up to 100 million won.

For this reason, filing a patent lawsuit requires careful legal review, and it is advisable to receive appropriate assistance from an attorney.