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Patent Act — Article 132-4 (Methods for Filing Petitions for Patent Revocation)

특허법 제132조의4

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) A person who intends to petition for patent revocation shall file such petition with the President of the Korean Intellectual Property Trial and Appeal Board, declaring the following matters therein:

1. Name and address of the petitioner (the name and place of business, if the applicant is a corporation);

2. The name and domicile or place of business of an agent, if the petitioner is represented by an agent (if the agent is a patent firm or a limited-liability patent firm, its name and place of business or limited-liability patent firm, and the name of the designated patent attorney);

3. Indication of a patent against which a petition is filed for patent revocation;

4. Indication of the grounds and evidence concerning the revocation.

(2) No amendment to a petition filed for patent revocation pursuant to paragraph (1) shall be made to the intent of the petition: Provided, That the foregoing shall not apply where the matter specified in paragraph (1) 4 is amended during the period specified in Article 132-2 (1) (limited to the time when the notice under Article 132-13 (2) is given, if such notice is given during the period).

(3) Upon receipt of a petition for patent revocation, the presiding judge shall serve the patentee with a duplicate of the petition.

(4) Upon receipt of a petition for patent revocation, the presiding judge shall notify the exclusive licensee for the relevant patent and any other person who has registered a patent right of the receipt of the petition.[This Article Newly Inserted on Feb. 29, 2016]

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