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Patent Act — Article 139 (Joint Petitions for Trial)

특허법 제139조

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 at least two persons intend to file a petition for trial to invalidate the same patent under Article 133 (1), 134 (1) or (2), or 137 (1), or to confirm the scope of rights in a patent under Article 135 (1) or (2), all such petitioners may jointly file a petition for trial. <Amended on Feb. 29, 2016>

(2) When a petition is filed for trial against patentees who jointly hold a patent, all such co-owners of a patent shall be made defendants.

(3) When co-owners of a patent or an entitlement to a patent file a petition for trial on the jointly-held right, all co-owners of a patent shall file the petition jointly.

(4) If any of the petitioners referred to in paragraph (1) or (3), or any of the defendants referred to in paragraph (2) has grounds to suspend or discontinue the trial, such suspension and discontinuation shall also be valid for all petitioners and defendants.[This Article Wholly Amended on Jun. 11, 2014]

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