When does the effect of a patent right arise, and until when does its term (duration) last?
arises upon registration of establishment (Article 87(1) of the Act). Registration of establishment of a patent right here refers to the so-called new registration whereby, if an applicant who has received notice of a decision to grant a patent or of a trial decision pays the prescribed patent fee within 3 months from the date of receiving the notice, or within 6 months after the lapse of the payment deadline, and does not fall under the grounds for non-acceptance under Article 34 of the Patent Registration Decree, the patent right arises; this refers to the final procedure for a patent application. The term (duration) of a patent right runs from the date of registration of establishment of the patent right until the date on which 20 years have elapsed after the patent application filing date (Article 88 of the Patent Act). In addition, where the last day of the term (duration) of the patent right falls on a public holiday, it does not expire on the following day but expires on that public holiday.