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Patent Act — Article 141 (Dismissal of Petitions for Trial)

특허법 제141조

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) Where a petition for trial falls under any of the following, the presiding judge shall require that amendments be made within a specified period: Provided, that if matters requiring amendment are insignificant and clear, the presiding judge may amend them ex officio: <Amended on Sep. 14, 2023>

1. Where a petition filed for a trial violates any provision of Article 140 (1) and (3) through (5) and Article 140-2 (1);

2. Where any of the following events occurs in a trial proceeding:(a) Where the trial proceeding violates Article 3 (1) or 6;(b) Where official fees payable under Article 82 have not been paid;(c) Where the trial proceeding does not conform to any of the formalities prescribed by this Act or by an order issued under this Act.

(2) If a person to whom an order to make an amendment has been issued under the main clause of paragraph (1) fails to comply with the order within the specified period or if the amendment is in violation of Article 140 (2) or 140-2 (2), the presiding judge shall decide to dismiss the petition for trial or any request or application made in relation to the relevant proceedings. <Amended on Feb. 29, 2016; Sep. 14, 2023>

(3) A ruling under paragraph (2) shall be made in writing, stating the grounds therefor.

(4) Where the presiding judge intends to make an ex officio amendment pursuant to the proviso of paragraph (1), he or she shall notify the petitioner of such ex officio amendment. <Newly Inserted on Sep. 14, 2023>

(5) If the petitioner cannot accept such ex officio amendment under the proviso of paragraph (1), he or she shall submit a written opinion thereon to the presiding judge within seven days from the receipt of notification of the ex officio amendment. <Newly Inserted on Sep. 14, 2023>

(6) Where the petitioner submits his or her written opinion pursuant to paragraph (5), the relevant ex officio amendment shall be deemed never to have existed. <Newly Inserted on Sep. 14, 2023>

(7) Where an ex officio amendment under the proviso of paragraph (1) is clearly wrong, such ex officio amendment shall be deemed never to have existed. <Newly Inserted on Sep. 14, 2023>[This Article Wholly Amended on Jun. 11, 2014][Title Amended on Feb. 29, 2016]

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