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`ENFORCEMENT DECREE OF THE PATENT ACT
`
`[Effective January 1, 1994] [Partially Amended by Presidential Decree No. 14059, Dec. 31, 1993]
`Details of final announcement
` Patent Office (Patent Examination Division), 042-481-5397
` CHAPTER I GENERAL PROVISIONS AND PATENT
`APPLICATION
`
`Edition
`Article 1 (Performance of Procedures by Nonresidents) For the purpose of Article 5 (1)
`of the Patent Act (hereinafter referred to as the “Act”), the term “case as prescribed by
`the Presidential Decree” means any case where a nonresident (in the case of a legal
`entity, its representative) has appointed a patent administrator and is staying in Korea.
`
`Edition
`
`Year
`Article 2 (Deposit of Microorganisms) ① Any person who wishes to file a patent
`application for an invention related to a microorganism shall deposit such microorganism
`with a depositary designated by the Commissioner of the Korean Intellectual Property
`Office or an organization which has acquired the status of an international depositary
`under Article 7 of the Budapest Treaty for the International Recognition of the Deposit of
`Microorganisms for the Purposes of Patent Procedure (hereinafter referred to as an
`“international depositary”), and attach documents certifying the fact (in case of deposits
`with an international depositary, a copy of the latest certificate of deposit issued under
`Article 7 of the Rules of the Budapest Treaty) to the patent application: However, if a
`person who has an ordinary knowledge in the field of technology to which the invention
`belongs can easily obtain such microorganism, it may not be required to deposit such
`microorganism.
`
`NVIDIA Corp.
`Exhibit 1108
`Page 001
`
`

`

`•
`
`② If a new deposit number is given to the deposit of a microorganism as referred to in
`paragraph (1) after a patent application is filed, the patent applicant or patentee shall
`report it without delay to the Commissioner of the Korean Intellectual Property Office.
`<Amended Dec. 31, 1993>
`
`Edition
` Article 3 (Entry in Patent Specifications of Invention related to Microorganism) Any
`person who wishes to file a patent application for an invention related to a
`microorganism, shall enter in the specification as prescribed in Article 42 (2) of the Act,
`the name of the depositary or international depositary, number and date of deposit when
`he has deposited the microorganism under the text of Article 2 (1), and the method of
`obtaining it, when he did not deposit it under the provisions of Article 2 (1).
`
`
`•
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`•
`
`
`Edition
` Article 4 (Apportionment of Samples of Microorganisms) ① Any person who desires
`to embody an invention related to microorganisms deposited under Article 2 for the
`purpose of a test or research, may have samples of such microorganism apportioned by
`the depositary or International Depositary, in any of the following cases:
`1. When a patent application for an invention related to a microorganism is published or
`notified publicly; and
`2. Where it is required for preparing a written opinion as prescribed in Article 63 of the Act
`(including the case where it is applicable mutatis mutandis under Articles 170 (3) and 174
`(2) of the Act).
`② No person who has samples of a microorganism apportioned under paragraph (1), shall
`allow another person to use such microorganism.
`
`Edition
` Article 5 (Descriptive Method of Scope of Patent Claims) ① In a description of the
`scope of patent claims for a patent as prescribed in Article 42 (5) of the Act (hereinafter
`referred to as the “claims”), the description may be divided into independent claims
`(hereinafter referred to as the “independent claims”) and dependent claims embodying
`the independent claim by limiting or adding to it (hereinafter referred to as “dependent
`claims”). In this case, the claims shall be described as independent claims, but may be
`described as dependent claims embodying the independent claims by limiting or adding
`to them.
`② The independent claims shall be described in a proper number according to the nature
`of the invention.
`③ The dependent claims shall be described in such number as required for embodying
`any dependent or independent claim by limiting or adding to it.
`④ Each dependent claim shall refer to the independent claim to which it pertains, and one
`or two or more other dependent claims of the independent claim, and in this case, the
`number of the referred claim shall be mentioned.
`
`NVIDIA Corp.
`Exhibit 1108
`Page 002
`
`

`

`⑤ Any dependent claim referring to two or more claims shall mention alternatively the
`number of referred claims.
`⑥ No dependent claim referring to two or more claims may refer to another dependent
`claim in which two or more claims are referenced.
`⑦ No independent claim or dependent claim referring to other dependent claims shall be
`mentioned ahead of referred independent claim or other dependent claims.
`⑧ Each claim shall begin in a new line, and bear a serial number in Arabic numbers
`according to the order in which it is described.
`
`
`•
`
`
`Edition
` Article 6 (Requirement for Single Patent Application) ① The requirements for a single
`patent application as prescribed in Article 45 (2) of the Act shall fall under any of the
`following subparagraphs:
`1. Application containing description of one independent claim concerning a product or
`process;
`2. In case where one independent claim concerning a product is described, an application
`selectively describing any of the following independent claims or all of them:
`a. One independent claim concerning a method for producing such product;
`b. One independent claim concerning a method for using such product;
`c. One independent claim concerning the method for handling such product;
`d. One independent claim concerning machine, instrument, equipment or other products for
`producing such product;
`e. One independent claim concerning the use of a particular feature exclusive to such
`product; and
`f. One independent claim concerning a product for handling such product.
`3. In case where one independent claim concerning a method is described, an application
`describing an independent claim concerning machines, instruments, equipment or other
`products used directly in embodiment of such method.
`② In cases as referred to in subparagraphs of paragraph (1), if it is impossible to
`comprehensively describe the invention only with a single independent claim, the
`invention may be described with two or more independent claims only in such case where
`it falls under a group of inventions as prescribed in Article 45 (1) of the Act.
`
`Edition
`Article 7 (Inventions Subject to Application for Registration of Patent Right
`Duration Extension) In Article 89 of the Act, the term “invention as prescribed by the
`Presidential Decree” means any one of the following inventions:
`1. Inventions of pharmaceuticals which are subject to the item license under Article 26 (1)
`of the Pharmaceutical Affairs Act for the purpose of embodying the patented invention;
`and
`
`
`•
`
`NVIDIA Corp.
`Exhibit 1108
`Page 003
`
`

`

`•
`
`2. Invention of agricultural chemicals or raw materials of agricultural chemicals must be
`registered under Articles 8 (1), and Article 9 (1) of the same Act for the purpose of
`embodying the patented invention.
` CHAPTER II EXAMINATION AND TRIAL
`EXAMINATION
`
`Edition
`Article 8 (Qualification for Examiner, Trial Examiner, and Presiding Trial
`Examiner) ① Any person eligible for an examiner shall be a state public official of
`Grade V or higher in the general service of the Korean Intellectual Property Office or any
`agency affiliated therewith, who has completed the prescribed training courses for the
`examiner at the international patent training center.
`② Any person eligible to be a trial examiner shall be a state public official of Grade IV or
`higher in the general service of the Korean Intellectual Property Office or any agency
`affiliated therewith, who falls under any one of the following subparagraphs, and has
`completed the prescribed training courses for the trial examiner at the International Patent
`Training Center:
`1. A person who has served as examiner at the Korean Intellectual Property Office for two
`or more years;
`2. A person who has been engaged in affairs concerning the industrial administration or
`science and technology (including any research) for eight or more years, and meanwhile
`engaged in affairs of examination or trial examination at the Korean Intellectual Property
`Office or any agency affiliated therewith for three or more years; and
`③ Any person eligible for a presiding trial examiner shall be a state public official of
`Grade III or higher in the general service of the Korean Intellectual Property Office or
`any agency affiliated therewith, who falls under any one of the following subparagraphs:
`1. A person who has served as trial examiner at the Patent Tribunal for two or more years;
`and
`2. A person who has been engaged in affairs concerning the industrial administration or
`science and technology (including any research) for twelve or more years, and meanwhile
`engaged in affairs concerning the examination or trial at the Korean Intellectual Property
`Office for three or more years and has completed the training courses for the trial
`examiner as referred to in paragraph (2).
`④ Notwithstanding the provisions of paragraphs (1) through (3), any person who is a
`public official falling under the grade of position of examiner, trial examiner or presiding
`trial examiner as set forth in paragraphs (1) through (3), and is qualified as a patent
`attorney, may be appointed as an examiner, trial examiner or presiding trial examiner.
`⑤ Matters necessary for the training of the examiner and the trial examiner as referred to
`in paragraphs (1) and (2) shall be determined separately by the Commissioner of the
`Korean Intellectual Property Office.
`
`Edition
`
`•
`
`NVIDIA Corp.
`Exhibit 1108
`Page 004
`
`

`

` Article 8-2 (Requirements for Designation of Specialized Research Institution) ①
`The Commissioner of the Korean Intellectual Property Office may, under Article 58 (3)
`of the Act, designate a national research institute which possesses literature, manpower,
`equipment, etc. necessary for research on any advanced technology related to patents, as
`a specialized research institution as prescribed in Article 58 (1) of the Act (hereinafter
`referred to as “specialized research institution”).
`② Any institution that wishes to be designated as a specialized research institution, shall
`file an application for designation as specialized research institution with the
`Commissioner of the Korean Intellectual Property Office together with documents
`specifying the actual status of literature, manpower, equipment, etc. which it possesses.
`[This Article Newly Inserted on Oct. 27, 1992]
`
`Edition
`Article 8-3 (Procedure, etc. of Entrustment with Data Research) ① With respect to the
`patent application which is deemed required for a data research on the advanced
`technology under Article 58 (1) of the Act, the Commissioner of the Korean Intellectual
`Property Office may entrust a specialized research institution with a data research by
`field of technology.
`② The head of the specialized research institution shall, upon receiving an entrustment
`with data research from the Commissioner of the Korean Intellectual Property Office
`under paragraph (1), notify promptly in writing the results of the research to the
`Commissioner of the Korean Intellectual Property Office.
`③ If the Commissioner of the Korean Intellectual Property Office deems that the results
`of research as referred to in paragraph (2) are insufficient for grasping the advanced
`technology on the patent application, he may entrust the head of the specialized research
`institution with research within a specified range.
`④ The provisions of paragraph (2) shall be applicable mutatis mutandis to the case of
`research as referred to in paragraph (3).
`[This Article Newly Inserted on Oct. 27, 1992]
`
`Edition
`
`Year
` Article 9 (Object of Preferential Examination) For the purpose of Article 61 of the Act,
`the term “patent application as prescribed by the Presidential Decree” means the patent
`application of those which are published, which is prescribed by the Commissioner of the
`Korean Intellectual Property Office, and falls under any of the following subparagraphs:
`1. Patent applications in the field of the defense industry;
`2. Patent applications useful for preventing any environmental pollution;
`3. Patent applications related directly to the promotion of export; and
`
`
`•
`
`•
`•
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`4. Patent applications related to the function of the government or local authorities and its
`funded research institutes.
`[This Article Wholly Amended Dec. 31, 1993]
`
`NVIDIA Corp.
`Exhibit 1108
`Page 005
`
`

`

`•
`
`
`Edition
` Article 10 (Decision on Preferential Examination) ① Any person who applies for a
`preferential examination, shall file an application for preferential examination as
`prescribed by the Ordinance of the Ministry of Trade, Industry and Energy, with the
`Commissioner of the Korean Intellectual Property Office. <Amended March 6, 1993>
`② The Commissioner of the Korean Intellectual Property Office shall, upon receiving an
`application for preferential examination under paragraph (1), decide whether the
`preferential examination is conducted or not.
`③ Matters necessary for the decision on preferential examination as referred to in
`paragraph (2) shall be determined by the Commissioner of the Korean Intellectual
`Property Office.
` CHAPTER III CONFIDENTIAL TREATMENT, ETC. OF
`PATENT APPLICATIONS RELATED TO NATIONAL
`DEFENSE
`
`•
`Edition
`( Criteria for Confidential Classification of Patent Application Related to
`Article 11
`National Defense) The Commissioner of the Korean Intellectual Property Office shall
`determine the criteria for classification necessary for selection of applications to be
`treated as confidential under Article 41 (1) of the Act (hereinafter referred to as the
`“criteria for classification”) after consulting with the Minister of National Defense.
`
`Edition
`Article 12 (Procedure for Confidential Treatment) ① If a patent application filed by a
`person having a domicile or business place in Korea is conformed to the criteria for
`classification as prescribed in Article 11, the Commissioner of the Korean Intellectual
`Property Office shall refer the Minister of National Defense to whether or not it is
`required to classify and treat such application as confidential.
`② In case where the Commissioner of the Korean Intellectual Property Office has made a
`reference to the Minister of National Defense under paragraph (1), he shall notify it to the
`inventor, the applicant and the attorney of the patent application, and a person who is
`deemed to be learned of the invention (hereinafter referred to as the “inventor, etc.”), and
`request them to maintain the confidence thereof.
`③ The Minister of National Defense shall, upon receiving a reference under paragraph
`(1), make a reply within two months, and if it is deemed necessary to treat the patent
`application confidential, he shall request the Commissioner of the Korean Intellectual
`Property Office to classify and treat such application as confidential.
`④ The Commissioner of the Korean Intellectual Property Office shall, upon receiving a
`request to classify and treat any patent application as confidential under paragraph (3),
`take any necessary measure in conformity with the confidential service rules, and order
`the inventor, etc. of the patent application to classify and treat it as confidential, and if he
`is not requested so, he shall notify the inventor, etc. of the patent application of a
`
`•
`
`NVIDIA Corp.
`Exhibit 1108
`Page 006
`
`

`

`•
`
`•
`•
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`•
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`cancellation of the request for maintenance of confidentiality as referred to in paragraph
`(2).
`⑤ The Commissioner of the Korean Intellectual Property Office shall, upon receiving a
`reply of the Minister of National Defense under paragraph (3), issue without delay an
`order to classify and treat the patent application as confidential, or notify a cancellation of
`the request for maintenance of confidence under paragraph (4).
`
`Edition
`Article 13 (Cancellation, etc. of Confidential Treatment) ① With respect to a patent
`application which is ordered to be classified and treated as confidential under Article 12
`(4), the Commissioner of the Korean Intellectual Property Office shall take necessary
`measures after consulting twice or more times each year with the Minister of National
`Defense on the cancellation of confidence, extension of confidential maintenance period
`or whether or not the confidential classification is modified.
`② The inventor, etc. who is ordered to classify and treat the patent application as
`confidential under Article 12 (4), may request the Commissioner of the Korean
`Intellectual Property Office to release it from confidential treatment, to modify the
`confidential classification or to publish or license the invention for which a patent is
`applied, in a specified limit.
`
`Edition
`
`Year
`Article 14 (Compensation) ① With respect to a patent application which is classified and
`treated as confidential under Article 12 (3), the patent applicant may request to the
`Minister of National Defense for a compensation for any loss sustained by the
`confidential treatment under Article 12 (4) (hereinafter referred to as the
`“compensation”). <Amended Dec. 31, 1993>
`② If a patent applicant requests compensation under paragraph (1), he shall submit a
`written request for compensation and documentary evidence establishing the loss.
`③ The Minister of National Defense shall, upon receiving a request for compensation
`under paragraph (1), determine and pay the amount of compensation, and he may, if
`necessary, consult with the Commissioner of the Korean Intellectual Property Office.
`
`Edition
`Article 15 (Prohibition and Permission on Patent Application to Foreign Country) ①
`If an invention for which a patent is applied by a person having the domicile or business
`office in Korea, is demanded by the Commissioner of the Korean Intellectual Property
`Office to be maintained as confidential under Article 12 (2), or is ordered to be classified
`and treated as confidential under paragraph (4) of said Article, it may be applied for
`patent in any foreign country only in case where it is permitted by the Commissioner of
`the Korean Intellectual Property Office.
`② Any person who desires to apply for permission on a patent application to a foreign
`country, shall submit to the Commissioner of the Korean Intellectual Property Office an
`application as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy.
`<Amended Mar. 6, 1993>
`
`NVIDIA Corp.
`Exhibit 1108
`Page 007
`
`

`

`•
`
`•
`•
`
`•
`
`
`Edition
`Article 16 (Consultation with Minister of National Defense) If the Commissioner of the
`Korean Intellectual Property Office desires to grant permission falling under any of the
`following subparagraphs, he shall consult in advance with the Minister of National
`Defense:
`1. Permission on a publication or license of an invention classified and treated as
`confidential under Article 13 (2) in a specified limit; and
`2. Permission on a patent application to a foreign country under Article 15 (2).
` CHAPTER IV SUPPLEMENTARY PROVISIONS
`
`Edition
`Article 17 (Documents to be Served) Documents to be served under Article 218 of the
`Act shall be a notice on disposition of invalidation as prescribed in Article 16 (1) of the
`Act and a copy of decision as prescribed in Article 214 (3) of the Act.
`
`Edition
`
`Year
`Article 18 (Service, etc. of Documents) ① Except in case where the documents to be
`served under the Act or Article 17 are received by the party or his representative at the
`Korean Intellectual Property Office or the Patent Tribunal, such documents shall be sent
`by a registered mail. <Amended Dec. 31, 1993>
`② In case where a party or his representative receives the documents at the Korean
`Intellectual Property Office or the Patent Tribunal, a receipt specifying the date of receipt
`and the name of recipient shall be received and kept by the Korean Intellectual Property
`Office, and in case where such documents are sent by a registered mail, the receipt of
`registered mail issued by the post office shall be kept by it. <Amended Dec. 31, 1993>
`③If an adjudication or decision on a patent objection, trial, review, ruling on
`establishment of ordinary license and revocation of patent right is to be served, it shall be
`made by a special service method as prescribed in Articles 10 (1) 6 (a) of the
`Enforcement Decree of the Postal Service Act. <Amended Dec. 31, 1993>
`
`NVIDIA Corp.
`Exhibit 1108
`Page 008
`
`

`

` ④
`
` Except as otherwise provided by the Act or this Decree, a copy of the document
`concerned shall be delivered to the person to whom it is to be served, and if a protocol is
`prepared in lieu of presentation of the document to be served, a copy or abstract of such
`protocol shall be delivered.
`⑤ Any service to a person falling under the text of Article 3 (1) of the Act shall be made
`to his legal representative.
`⑥ If several parties jointly exercise their rights as legal representative, service to one of
`these representatives shall be sufficient. <Amended Dec. 31, 1993>
`⑦ Any service to a person who is in a prison or a detention facility, shall be made to the
`head of such prison or detention facility. <Amended Dec. 31, 1993>
`⑧ The place to be served shall be the domicile or business office of the person to be
`served. <Amended Dec. 31, 1993>
`⑨ If the person who receives the service, changes his place, he shall report it without
`delay to the Commissioner of the Korean Intellectual Property Office. <Newly Inserted
`Dec. 31, 1993>
`⑩ If the person to be served refuses to receive the service without any justifiable reason
`and it is thereby impossible to make a service, the service shall be considered to have
`been made on the date that such service is sent.
`⑪ Sending, etc. of documents other than those to be served under the Act or Article 17,
`shall be made under the conditions as prescribed by the Commissioner of the Korean
`Intellectual Property Office. <Newly Inserted Dec. 31, 1993>
`
`Edition
`
`Year
`Article 19 (Patent Gazettes) ① The Patent Gazettes as prescribed in Article 221 of the
`Act shall be divided into a Patent Gazette for public notice and a Patent Gazette for
`publication.
`②The Patent Gazette for public notice shall include the following matters: <Amended
`Dec. 31, 1993>
`1. Each of the following matters, as set forth in Article 66 (2) (including cases where it is
`applied mutatis mutandis in Article 170)
`a. Name and address of the patentee (in case of a legal entity, its title and business office,
`the name of its representative);
`b. Number of application, symbol of classification and date of application;
`c. Name and address of the inventor
`d. Number and date of the publication of the application
`e. Matters on a claim for the right of priority is claimed
`f. Specification, drawings and summary attached to the patent application
`
`•
`•
`
`NVIDIA Corp.
`Exhibit 1108
`Page 009
`
`

`

`
`
`g. Matters other than those referred to in items (a) through (f)
`2. Matters other than those as referred to in subparagraph 1, which are described under the
`Act (excluding Articles 60 (2) and 64 of the Act) and this Decree
`3. Matters relating to patents for which description is determined to be necessary by the
`Commissioner of the Korean Intellectual Property Office.
`③The Patent Gazette for publication shall include the following matters: <Amended Dec.
`31, 1993>
`1. The fact that an examination of application is requested under Article 60 (2) of the Act.
`However, if the fact is not specified in the publication of application, the publication
`number, classification symbol and filing number of the application shall be specified in
`the Patent Gazette for publication issued thereafter together with the fact of request for
`examination therefor.
`2. The following matters concern the publication of a patent application as prescribed in
`Article 64 of the Act. However, any matter which is deemed to disturb the public order or
`good manners and customs, or to be detrimental to the public health shall not be
`published.
`a. Name and address of the applicant (in case of a legal entity, its name and business office
`and the name of its representative)
`b. Number of application, symbol of classification and date of application
`c. Name and address of the inventor
`d. Application publication number and Date of publication
`e. Title of invention
`f. Scope of patent claims
`g. Drawings (Limited to those that are necessary)
`h. Matters on a claim for the right of priority is claimed;
`i. Summary
`j. Matters other than those as referred to in items (a) through (i) concerning the publication
`of patent application
`
`Edition
`Article 20 (Imposition of Fine for Negligence) ① If the Commissioner of the Korean
`Intellectual Property Office imposes a fine for negligence under Article 232 (2) of the
`Act, he shall investigate and confirm the offense, and notify in writing the person who is
`subject to the fine for negligence, of payment of it with the fact of offense and the amount
`of the fine for negligence specified.
`② If the Commissioner of the Korean Intellectual Property Office desires to impose a
`fine for negligence under paragraph (1), he or she shall give the person who is subject to
`the fine for negligence, an opportunity to state orally or in writing his opinion in a fixed
`period of ten or more days. In this case, if the person does not state his opinion in a
`designated period without any justifiable reason, he or she shall be considered to have no
`opinion.
`
`•
`
`NVIDIA Corp.
`Exhibit 1108
`Page 010
`
`

`

`③ In determining the amount of the fine for negligence, the Commissioner of the Korean
`Intellectual Property Office shall take into consideration the motive and consequence of
`the offense.
`④ The procedure of collection of the fine for negligence shall be determined by the
`Ordinance of the Ministry of Trade, Industry and Energy.<Amended Mar. 6, 1993>
`[This Article was newly inserted Oct. 27, 1992]
`
`ADDENDUM <Presidential Decree No.13078, Aug. 28, 1990>
` This Decree shall enter into force on September 1, 1990.
`ADDENDUM <Presidential Decree No.13744, Oct. 27, 1990>
` This Decree shall enter into force on November 1, 1992.
`ADDENDUM <Presidential Decree No.13870, Mar. 6, 1993> (Deleted Ministry of Commerce Industry and
`Addenda (See all)
`Energy)
`
`Article 1 (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
`Article 2 and Article 3 Omitted.
`Article 4 (Amendment of Other Statutes) ① <118> Omitted
`<119> The Enforcement Decree of the Patent Act is amended as follows.
`Article 10 1, Article 15 (2) and Article 20 (4) shall each be amended from “Ordinance of the Ministry of
`Commerce and Industry” to “Ordinance of the Ministry of Commerce, Industry and Energy.”
`<120> to <188> Omitted
`Addenda (See all)
`ADDENDA <Presidential Decree No.14059, Dec. 31, 1993>
` ① (Enforcement Date) This Decree shall enter into force on January 1,1994.
` ② (Transitional Measures Concerning Object of Preferential Examination) With respect to another person’s
`patent application for which the government or local authorities and their funded research institute
`requested the examination, before this Decree enters into force, the previous provisions shall be
`applicable.
` ③ (Special Case Concerning Request for Compensation) The amended provisions of Article 14 (1) shall
`also apply to any patent application classified and treated as confidential, before this Decree enters into
`force.
` ④ (Amendment of Other Statutes) The Enforcement Decree of the Utility Model Act shall be amended as
`follows.
`Article 3(2) 1-e shall be as follows.
`e. Date on the application as the basis for claim for the right of priority
`
`
`
`
`NVIDIA Corp.
`Exhibit 1108
`Page 011
`
`

`

`i’d
`
`TRANSPERFECT
`
`City ofNew York, State ol'New York, County ot‘New York
`
`I. Julianne Marmlla. hereby certify that the following document is. to the best of
`
`my knowledge and belief, a true and accurate translation from Korean to English.
`
`"Enforcement Decree of the Patent Act ofthe Republic of Korea”
`
`3w
`
`Julianne Marzulla
`
`Sworn to before me this
`
`Thursday, May ()7, 2015
`
`Qualified in Richmond County
`
`AMY LEONG
`Notary Public - State of New York
`No. 01 LE8314554
`
`Stamp, Notary Public
`
`NVIDIA Corp.
`Exhibit 1108
`Page 012
`
`