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Patent Act — Article 132-3 (Correction of Patents in Process of Petitioning for Revoking Patents)

특허법 제132조의3

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) Only in any of the cases specified in Article 136 (1), the patentee who has the patent against which a petition is filed for revocation is pending may file a request for correcting the specification or drawings of the patented invention during the period designated under Article 132-13 (2).

(2) Where a request for correction has been filed pursuant to paragraph (1), the request filed for correction prior to the request filed for correction in the process of petitioning for revoking the relevant patent shall be deemed to have been withdrawn.

(3) Article 136 (3) through (6), (8), and (10) through (13), Article 139 (3), and Article 140 (1), (2), and (5) shall apply mutatis mutandis to the request for correction under paragraph (1). In such cases, "before the notice of closing of the trial review is given under Article 162 (3) (before the notice of closing of the trial review under Article 162 (3) is given again subsequently, if a case is reopened for review under Article 162 (4)" shall be construed as "within the period designated in Article 132-13 (2) or 136 (6)".

(4) A request filed for correction pursuant to paragraph (1) may be withdrawn only during any of the following periods:

1. The period designated for filing a request for correction under paragraph (1) and the period not exceeding one month from the end of the designated period;

2. The period designated under Article 136 (6), which shall apply mutatis mutandis pursuant to paragraph (3).

(5) In applying paragraph (3), Article 136 (5) shall not apply mutatis mutandis where a claim against which a petition has been filed for patent revocation is corrected under Article 132-2.[This Article Newly Inserted on Feb. 29, 2016][Previous Article 132-3 moved to Article 132-17 <Feb. 29, 2016>]

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