(1) In any of the following cases, an interested party or examiner may file a petition for trial to invalidate the registration of an extension of a patent under Article 92:
1. Where the extension has been registered with respect to an application that does not require permission, etc. under Article 89 to practice the relevant patented invention;
2. Where the extension has been registered with respect to an application for which the patentee, or exclusive licensee or a registered nonexclusive licensee on the patent has not obtained permission, etc. under Article 89;
3. Where the registered extension exceeds the period during which the patented invention was not practicable;
4. Where the extension has been registered for an application filed by any person, other than the patentee;
5. Where the extension has been registered for an application filed in violation of Article 90 (3).
(2) In any of the following cases, an interested party or examiner may file a petition for trial to invalidate the registration of the extension of a patent under Article 92-5:
1. Where the term extended following registration exceeds the length of extension permitted under Article 92-2;
2. Where the extension has been registered for an application filed by any person, other than the patentee;
3. Where the extension has been registered for an application filed in violation of Article 92-3 (3).
(3) Article 133 (2) and (4) shall apply mutatis mutandis to petitions for a trial under paragraphs (1) and (2).
(4) If a trial ruling invalidating the registration of an extension becomes final and conclusive, the term extended following registration shall be deemed never to have existed: Provided, That only the relevant period shall be deemed never extended in either of the following cases:
1. Where the registration of an extension is invalidated under paragraph (1) 3: The period extended beyond the period during which the patented invention was not practicable;
2. Where the registration of an extension is invalidated under paragraph (2) 1: The period extended beyond the length of extension permitted under Article 92-2.[This Article Wholly Amended on Jun. 11, 2014]