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Patent Act — Article 132-13 (Decision on Petitions for Patent Revocation)

특허법 제132조의13

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 collegiate tribunal of administrative patent judges finds that a petition for patent revocation has a ground, it shall render a decision to revoke the patent (hereinafter referred to as "decision to revoke the patent").

(2) When the presiding judge intends to render a decision to revoke a patent, it shall notify the patentee and intervenors of the ground for revoking the patent and shall give them an opportunity to submit written arguments within the period specified by it.

(3) When a decision to revoke a patent becomes final and conclusive, the patent shall be deemed to have never existed.

(4) If the collegiate tribunal of administrative patent judges finds that a petition for revoking a patent does not fall under any subparagraph of Article 132-2 (1) or violates Article 132-2 (2), it shall render a decision to dismiss the petition for revoking the patent.

(5) No appeal shall be made against the decision of dismissal under paragraph (4).[This Article Newly Inserted on Feb. 29, 2016]

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