Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

Patent attorney, how long does the term of a patent right last?

Legal IntellectualViews65,781

Our company holds a patent, and it is approaching 10 years since we received the decision to grant it. However, I only recently learned that the effect of a patent right is subject to a term of duration. I also heard that the term of a patent right can be extended. If a patent attorney is available, could you explain the term of a patent right in detail?

Patent attorney

Intellectual property rights

A

Answer to Related Inquiry

Hello.

Pursuant to Article 88(1) of the Patent Act, the term of a patent right is designated as lasting until the day on which 20 years have elapsed from the filing date of the patent application.

However, there are cases in which, in order to work a patented invention, permission must be obtained or registration must be completed under other statutes, and obtaining that permission or registration takes considerable time.

For patents in certain fields, if the requirements are met, the term of the patent right may be extended only once, for a period of up to 5 years.

Cases in which the extension of a patent term is available include testing for the approval of an active pharmaceutical ingredient and testing for the item approval of psychotropic drugs or narcotics, among others.

If the term of a patent right has expired, the exclusive license and other rights that could have been exercised together with the patent also lapse, so infringement of the patent right may not be recognized either.

Therefore, please be mindful in advance that, once the term of a patent right expires, all rights that were protected under civil, criminal, and administrative law disappear, and it is advisable to have the matter reviewed by a patent attorney.

To prevent legal issues related to this, it is advisable to seek advice from a patent attorney in advance.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat