Patent
Patent is to obtain an exclusive right to commercially protect your invention. It means that patentee deserves right to exclude others from making, using, selling, offering or any type of unauthorized commercializing patented item.
To be protected by patent law, patentee should complete the form stipulated by the law and submit an application to the patent office. After the patent is approved by the authority, patentee can carry out patent invention exclusively for 20 years from the date of filing.
Patentee can claim prohibition and prevention from infringement by on going or potential infringers. Concerning damages, Patentee can claim compensation for damages, credit repair, and restitution of unjust enrichment. If a rapid prohibition of infringement is necessary, Patentee can also apply for provisional disposition. If one be charged for infringement on patent, the accused would face up to 7 years imprisonment or be fined not exceeding 100 million won.
Conversely, he who was sued for patent infringement, could argue through patent invalidity trial, declaratory judgment on the scope of patent.
-Sending warning letters and reconciliation
A person can take immediately civil and criminal remedies from patent infringement. However, it is advantageous to send a warning letter preferentially to settle the dispute quickly and improve the effectiveness of civil and criminal remedies from patent infringement. it is favorable to make a contract of compromise for the dispute with the consideration of the expected result of the sentence, litigation costs and litigation period.
-Litigation
Provisional disposition suit of infringe prohibition, infringe prohibition suit, damages suit, restitution suit of unjust enrichment, credit repair suit, revocation litigation of decision on trial, criminal charge, criminal trial defense.
-Related work
Patent
application and registration business, patent transfer agreements and licensing agreements, patent research, intellectual property management consulting, writing appraisal, advisory, contract review, sending warning letters, accusation by an agent, representing of contract, reconciliation, trial on the appeal of dissatisfaction, trial for correction, patent nullity trial, declaratory judgment on the scope, trial for non-exclusive license, etc.
-Compensation lawsuits on invention related to the duties
If employees invent something related to the company’s business while working for the company, it is considered as an invention related to the duties. The employees have a right to get a patent, vice versa the company employing the inventors can use the patent free of charge. The ownership of the invention belongs to the employees, the inventor.
If the ownership is transferred to the company, the employee still could claim the compensation to the company.