(1) In any of the following cases, a patentee may file a petition for trial to correct the specification or drawings of his or her patented invention: <Amended on Feb. 29, 2016>
1. Where he or she intends to reduce the number of claims;
2. Where he or she intends to rectify a clerical error;
3. Where he or she intends to clarify an ambiguous description.
(2) Notwithstanding paragraph (1), no petition for trial on correction may be filed during either of the following periods: <Newly Inserted on Feb. 29, 2016>
1. The period from the time when an application for revoking a patent is pending before the Korean Intellectual Property Trial and Appeal Board until a decision thereon becomes final and conclusive: Provided, That a petition for trial on correction may be filed by not later than the day on which arguments in the patent court are closed (referring to the day on which a judgment is rendered, if the judgment is rendered without arguments), if a lawsuit seeking a trial ruling in a trial on invalidation of a trial ruling rendered or a correction made in a trial on invalidation of a patent;
2. The period during which a trial on invalidation of a patent or a correction is pending before the Korean Intellectual Property Trial and Appeal Board.
(3) Correction of a specification or drawings under paragraph (1) shall be limited to the descriptions in the specification or drawings of a patented invention: Provided, That rectification of clerical errors under paragraph (1) 2 may be permitted only for the descriptions in the specification or drawings initially accompanying the application. <Amended on Feb. 29, 2016>
(4) No correction of a specification or drawing under paragraph (1) shall substantially extend or amend the claims. <Amended on Feb. 29, 2016>
(5) A correction made under paragraph (1) 1 or 2 shall be patentable at the time of filing the patent application regarding the matters described in the claims after the correction. <Amended on Feb. 29, 2016>
(6) If an administrative patent judge deems that a petition filed for a trial under paragraph (1) falls under any of the following, he or she shall notify the petitioner of the ground therefor and shall provide the petitioner with an opportunity to submit a written argument thereon within a specified period: <Amended on Feb. 29, 2016>
1. If the petition does not fall under any subparagraph of paragraph (1);
2. If the petition is beyond the scope prescribed in paragraph (3);
3. If the petition violates paragraph (4) or (5).
(7) A petition for correction under paragraph (1) may be filed even after the relevant patent is extinguished: Provided, That the foregoing shall not apply where a trial ruling affirming a decision to revoke a patent or a trial ruling invalidating a patent (excluding invalidation under Article 133 (1) 4) has become final and conclusive. <Amended on Feb. 29, 2016>
(8) No patentee may file trial for correction under paragraph (1) without the consent of the exclusive licensee, pledgee, and non-exclusive licensees under Articles 100 (4) and 102 (1) of this Act and Article 10 (1) of the Invention Promotion Act: Provided, That the foregoing shall not apply where a person from whom a patentee shall obtain consent in order to file a petition for trial seeking correction files a petition for trial seeking invalidation. <Amended on Feb. 29, 2016>
(9) Articles 147 (1) and (2), 155, and 156 shall not apply to trials on correction under paragraph (1). <Newly Inserted on Feb. 29, 2016>
(10) When a trial ruling to correct the specification or drawings of a patented invention becomes final and conclusive, it shall be deemed that filing and laying open the relevant patent application, a decision or trial ruling to grant a patent, and the registration of the grant of the patent have been made according to the corrected specification or drawings. <Amended on Feb. 29, 2016>
(11) A petitioner may amend the corrected specification or drawings appended to a petition filed for a trial under Article 140 (5) before notice of closing of hearings is given under Article 162 (3) (or before notice of closing of hearings is given under Article 162 (3), if hearings have been recommenced under Article 162 (4)). <Amended on Feb. 29, 2016>
(12) When a trial ruling to correct the specification or drawings of a patented invention is rendered, the President of the Korean Intellectual Property Trial and Appeal Board shall notify the Commissioner of the Korean Intellectual Property Office of the details thereof. <Amended on Feb. 29, 2016>
(13) Upon receipt of notice under paragraph (12), the Commissioner of the Korean Intellectual Property Office shall publish it in the Patent Gazette. <Amended on Feb. 29, 2016>[This Article Wholly Amended on Jun. 11, 2014]