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Patent Act — Article 134 (Trial to Invalidate Registration for Extension of Patents)

특허법 제134조

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, 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]

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