Notes

1 Seed Industry Act (SIA) can correspond to the Plant Variety Protection Act (PVPA) in the USA.

5 This provision may be mistakenly worded because it contains a more strict description requirement for plant patent and should be worded as 'if the description is made as complete as is reasonably possible' like the US Act.

8 Exception for a tuber, bulb, and corm has been deleted in 1990 Act.

9 The word 'plant patent' in 1946 Act was changed into 'patent' in the 1961 Act: Patent Act (1961), art. 3.

10 This article indicates specific provisions for invalidation and refusal: Patent Act (1973), art. 69; Patent Act (1980), art. 82.

12 Promulated in March 1998, amended in January 2004.

13 Appeal Board: 93 Appeal 239 decision (1993).

14 Chisum, D.S. (2003) Chisum on Patents. LexisNexis, pp. 1-66; Pioneer Hi-Bred International, Inc. v J.E.M. Ag Supply, Inc. (Fed. Cir. 2000).

15 The Supreme Court 1997.7.25. 96 HU 2531.

17 The plant specific provision (Article 31) has been removed from the revised Patent Act (2006). The new provision entered into force on 1 October, 2006. Therefore, it is clear that the Korean Patent Act is to protect plant varieties regardless of asexual reproducibility.

0 0

Post a comment