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Patent Act — Article 137 (Trial to Invalidate Corrections)

특허법 제137조

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) If a correction of the specification or drawings of a patented invention under Article 132-3 (1), 133-2 (1), 136 (1), or paragraph (3) of this Article violates either of the following provisions, any interested party or the examiner may file a petition for trial to invalidate the correction: <Amended on Feb. 29, 2016>

1. Any provision of Article 136 (1);

2. Any provision of Article 136 (3) through (5) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 132- 3 (3) or 133-2 (4)).

(2) Article 133 (2) and (4) shall apply mutatis mutandis to petitions for a trial under paragraph (1).

(3) A defendant in trial for invalidation under paragraph (1) may request correction of the specification or drawings of a patented invention within the period specified in Article 147 (1) or the latter part of Article 159 (1) only in cases falling under any subparagraph of Article 136 (1). If the presiding judge deems necessary to permit a request for correction because the petitioner has submitted an evidentiary document or asserts a new ground for invalidation in such cases, he or she may permit the defendant to file a request for correction within a specified period even after the end of the period designated under Article 147 (1). <Amended on Feb. 29, 2016>

(4) Article 133-2 (2) through (5) shall apply mutatis mutandis to requests for correction under paragraph (3). In such cases, "Article 133 (1)" in Article 133-2 (3) shall be construed as "Article 137 (1)", "Article 133-2 (1)" in the latter part of Article 133-2 (4) as "Article 137 (3)", and "paragraph (1)" in the main clause and subparagraph 1 of Article 133-2 (5) as "paragraph (3)", respectively. <Amended on Feb. 29, 2016>

(5) Where a trial ruling invalidating a correction under paragraph (1) becomes final and conclusive, the correction shall be deemed never made.[This Article Wholly Amended on Jun. 11, 2014]

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