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Patent Act — Article 132-2 (Petitions for Revoking Patents)

특허법 제132조의2

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 either of the following cases, any person may petition for revoking a patent to the Korean Intellectual Property Trial and Appeal Board by not later than six months after the date of public notice of registration of the patent from the date of registration of the grant of the patent. If the scope of claims contains two or more claims in such cases, a petition for patent revocation may be filed for each claim:

1. Where the patent violates Article 29 (excluding the cases that fall under Article 29 (1) 1 and the cases where it is easy to make another invention with an invention that falls under Article 29 (1) 1);

2. Where the patent violates any provision of Article 36 (1) through (3).

(2) Notwithstanding paragraph (1), no petition for patent revocation may be filed on a ground based on a prior art published in the Patent Gazette under Article 87 (3) 7.[This Article Newly Inserted on Feb. 29, 2016][Previous Article 132-2 moved to Article 132-16 <Feb. 29, 2016>]

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