1. Industrial Applicability
A patentable invention must be industrially applicable (Art.
29).
An invention involving the human body in its indispensable
constituent features-such as diagnosis
and medical treatment
for human beings-is not "industrially applicable,¡± and
so is not patentable.
2. Novelty
An invention is patentable unless it falls under the following:
(i) it was publicly known
in the Republic of Korea prior to the filing of
the application [Art.
29(1)(i)]
(ii) it was described in a publication distributed
in the Republic of Korea or in a foreign
country
prior to the filing of the patent application [Art. 29(1)(i)(¥¢)]
3. Inventiveness
A patent shall not be granted for an invention that could have
been easily made prior to the filing of
the patent application
by a person having ordinary skill in the art to which the
invention pertains. |
