(1) A person who intends to file a petition for trial shall file the petition with the President of the Korean Intellectual Property Trial and Appeal Board, declaring the following matters:
1. The names and domiciles of the parties (if a party 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. A description of the case on trial;
4. 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 to the intent of the petition: Provided, That the foregoing shall not apply to the following: <Amended on Feb. 29, 2016>
1. Where an amendment (including the addition of patentees, but limited to where the added patentees consent to the addition, if the petitioner is also a patentee) is made to correct the description of a patentee, among the parties referred to in paragraph (1) 1;
2. Where an amendment is made to amend the grounds for the petition referred to in paragraph (1) 4;
3. Where a defendant in a trial on confirmation of the scope of rights under Article 135 (1) argues that the invention that the defendant actually practices is different from the invention regarding which confirmation is sought in the petition (referring to the invention that belongs to the defendant according to the petitioner’s assertion) with reference to the specification or drawings of the invention and so the petitioner amends the specification or drawings of the invention regarding which confirmation is sought in the petition to make the specification or drawings conform to the invention that the defendant actually practices.
(3) A petition filed for a trial seeking confirmation of the scope of rights under Article 135 (1) or (2) shall be accompanied by the specification and necessary drawings with which the patented invention can be compared. <Amended on Feb. 29, 2016>
(4) A petition filed under Article 138 (1) for a trial seeking the grant of a non-exclusive license shall state the following, in addition to the matters specified in paragraph (1):
1. The number and title of the petitioner's patent that the petitioner intends to practice;
2. The number, title, and patent or registration date of the other person's patented invention or registered utility model or design that the petitioner needs to practice;
3. The scope and term of the non-exclusive license of the patented invention or registered utility model or design and the consideration therefor.
(5) A petition filed under Article 136 (1) for a trial for correction shall be accompanied by the corrected specification or drawings.[This Article Wholly Amended on Jun. 11, 2014]