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Patent Act — Article 140-2 (Formalities of Petitions for Trial on Rulings Rejecting Patent Applications)

특허법 제140조의2

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) Notwithstanding Article 140 (1), a person who intends to file a petition for trial on a ruling rejecting a patent application under Article 132-17 shall file a petition for the trial with the President of the Korean Intellectual Property Trial and Appeal Board, stating the following: <Amended on Feb. 29, 2016>

1. The name and domicile of the petitioner (if the petitioner is a corporation, its name and place of business);

2. The name and domicile or place of business of an agent, if the petitioner is represented by an agent (if the agent is a patent firm or a limited-liability patent firm, its name and place of business or limited-liability patent firm, and the name of the designated patent attorney);

3. The filing date and number of the patent application;

4. The title of the invention;

5. The date when a ruling rejecting the patent application was rendered;

6. A description of the case on trial;

7. The purport of the petition and the grounds for filing the petition.

(2) No amendment to a petition for trial filed under paragraph (1) shall be made as to the intent of the petition: Provided, That the foregoing shall not apply to the following:

1. Where an amendment (including the addition of petitioners, but limited to where the added petitioners consent to the addition) is made to correct the description of the petitioner referred to in paragraph (1) 1;

2. Where an amendment is made to amend any of the grounds for filing the petition under paragraph (1) 7.[This Article Wholly Amended on Jun. 11, 2014]

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