Patent Act Article 96

Right to claim in the event of patent right infringementA patentee of an invention patent may demand a person who infringes or is likely to infringe the patent right to stop or prevent such infringement.In case infringement of an invention patent occurs due to intentional acts or negligence, the patentee may claim damages suffered as a result.When making a demand pursuant to Paragraph 1, the patentee may request for destruction of the infringing articles, the materials, or implements used in the infringing act, or request other necessary disposal.An exclusive licensee may, within the licensed scope, make demands in accordance with the preceding three paragraphs. However, if otherwise provided for in an agreement, such agreement shall prevail.Where the inventor’s right to be indicated as such is infringed, the inventor may request necessary dispositions to have his/her name indicated or to restore the impaired reputation.The rights to claim as set forth in Paragraph 2 and the preceding paragraph shall become extinguished if not exercised within two (2) years after the patentee becomes aware of the damage and the person liable for damages. This right shall also become extinguished if not exercised within ten (10) years after the time of infringement.