Korean Law in English
Laws › Patent Act › CHAPTER VI-2 PETITION FOR REVOKING PATENTS

Patent Act — Article 132-5 (Amendment or Dismissal of Petitions for Patent Revocation)

특허법 제132조의5

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 presiding judge shall issue an order to make an amendment within a specified period:

1. If a petition for patent revocation violates Article 132-4 (1) (excluding subparagraph 4 of the same paragraph);

2. If the process taken to file a petition for patent revocation falls under any of the following cases:(a) Where the trial proceeding violates Article 3 (1) or 6;(b) If the process violates the method specified by this Act or an order issued under this Act;(c) If the applicant has not paid the fees that he or she shall pay under Article 82.

(2) If a person ordered to make an amendment under paragraph (1) fails to make the amendment within the specified period or the amendment violates Article 132-4 (2), the presiding judge shall render a decision to dismiss either the petition for revoking a patent or a request, a petition, or such related to the relevant process.

(3) A decision of dismissal under paragraph (2) shall be made in writing and shall contain reasons therefor.[This Article Newly Inserted on Feb. 29, 2016]

‹ Article 132-4All articlesArticle 132-6 ›

Korean original (law.go.kr) · Get articles as JSON via API

For AI agents and developers — get this article as JSON, with the English and current Korean effective dates and an outdated-translation flag, from the korea-law API or as an MCP tool: https://mcp.apify.com?tools=kr-data/korea-law