Recently, the Korea Fair Trade Commission decided that the Daewoong Pharm. Co., Ltd. falsely obtained a patent and misused it to prevent competitors from selling generic drugs. Under the patent system based upon a contract between the patentee and the public, the enablement requirement, the duty of disclosure requiring the patentee to disclosure the information of invent, and the doctrine of good faith are developed. In the course of the application and prosecution of invents to the Patent Office, non disclosing the material information or false information on the patentabiliy of invents shall be an inequitable conduct. As to the inequitable conduct during the prosecution of patent application and the enforcing the right of patent, the law of patent and the law of unfair trade have developed laws responding to the inequitable conduct. The law or the court declares the patent invalid in the want of enablement requirement. In a case of the falsely obtaining patents, the court development a equitable principle denying the enforcement of patent. In addition, the exercising the patent falsely obtained would trigger a punitive damages under the doctrine of patent misuse. However, Korea Patent Act Section 43 (3) does not clearly stipulate the enablement requirement and then can not bring a patent lacking the meet of the enablement requirement to the invalidation trial of patents because the clause, Section 133 (1) of the Korea Patent Act providing lists of bringing the causes to the the invalidation trial of patents does not include the lack of the enablement requirement and Section 43 (3). It is imperative that Korea Patent Act shall explicitly provide the enablement requirement and the lack of the enablement requirement as the cause of bringing to the the invalidation trial of patents.