(1) In any of the following cases, an interested party (limited to those who have the right to obtain a patent in cases of the main clause of subparagraph 2) or an examiner may file a petition for trial to seek invalidation of a patent. If the application contains two or more claims, a petition for trial for invalidation may be filed for each claim: <Amended on Feb. 29, 2016; Oct. 19, 2021>
1. If the patent violates any of the provisions of Articles 25, 29, 32, 36 (1) through (3), 42 (3) 1, or Article 42 (4);
2. If the patentee has no right to obtain the patent under the main clause of Article 33 (1) or violates Article 44: Provided, That the foregoing shall not apply where a transfer has been registered under Article 99-2 (2);
3. If the patentee is not eligible for the patent under the proviso of Article 33 (1);
4. If the patentee ceases to be entitled to the patent under Article 25 after the patent was granted or the patent violates a treaty;
5. If a person is unentitled to the patent because of his or her violation of a treaty;
6. If an amendment exceeds the scope specified in the former part of Article 47 (2);
7. Where the divisional application so filed exceeds the scope prescribed in Article 52 (1) or where the splitting-off so filed exceeding the scope specified in the former part, with the exception of the subparagraphs, of Article 52-2 (1);
8. If the relevant application is a converted application that exceeds the scope specified in Article 53 (1).
(2) A petition for trial referred to in paragraph (1) may be filed even after the relevant patent is extinguished.
(3) If a trial ruling invalidating a patent becomes final and conclusive, the patent shall be deemed never to have existed: Provided, That if a trial ruling invalidating a patent under paragraph (1) 4 becomes final and conclusive, the patent shall be deemed never to have existed since the patentee or the patent fell under the same subparagraph.
(4) Upon receipt of a petition for trial under paragraph (1), the presiding judge shall notify the exclusive licensee of the patent and other persons who hold a registered right or interest in the patent, as to the details of the petition.[This Article Wholly Amended on Jun. 11, 2014]