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Patent Act — Article 10 (Orders to Appoint or Replace Agents)

특허법 제10조

This English translation is based on the Korean text effective 2024-08-21. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

(1) If the Commissioner of the Korean Intellectual Property Office or the presiding administrative patent judge appointed under Article 145 (1) (hereinafter referred to as"presiding judge") finds that a person initiating a patent-related procedure is unable to properly perform the procedure or to make a statement in oral hearings or is incompetent in initiating the procedure on any other ground, he or she may issue an order to appoint an agent who shall initiate the procedure on behalf of the person.

(2) If the Commissioner of the Korean Intellectual Property Office or a presiding judge finds that an agent who initiates a patent-related procedure is unable to properly perform the procedure or to make a statement in oral hearings or is incompetent in initiating the procedure on any other ground, he or she may issue an order to replace the agent with another agent. <Amended on Dec. 10, 2019>

(3) In cases falling under paragraph (1) or (2), the Commissioner of the Korean Intellectual Property Office or a presiding judge may order a patent attorney to represent the relevant person.

(4) When the Commissioner of the Korean Intellectual Property Office or a presiding judge orders a person to appoint or replace his or her agent under paragraph (1) or (2), he or she may completely or partially invalidate the patent-related procedure initiated by the person under paragraph (1) or the agent under paragraph (2) before the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board. <Amended on Dec. 10, 2019>[This Article Wholly Amended on Jun. 11, 2014][Title Amended on Dec. 10, 2019]

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