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Patent Act — Article 114 (Revocation of Adjudication)

특허법 제114조

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) In any of the following cases, the Commissioner of the Korean Intellectual Property Office may revoke adjudication upon request from an interested party or ex officio: Provided, That subparagraph 2 shall only apply where the rightful interests of the non-exclusive licensee, for whom the adjudication has been made, can be protected:

1. Where the non-exclusive licensee fails to practice the patented invention within the scope of the adjudication;

2. Where the ground for adjudication granting the non-exclusive license disappears and it is deemed that such ground will not reoccur;

3. Where the non-exclusive licensee breaches any term or condition prescribed under Article 110 (2) 3 or 4 in the written adjudication without just grounds.

(2) Articles 108, 109, 110 (1), and 111 (1) shall apply mutatis mutandis to cases falling under paragraph (1).

(3) A non-exclusive license shall be extinguished upon the revocation of the relevant adjudication under paragraph (1).[This Article Wholly Amended on Jun. 11, 2014]

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