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Patent Act — Article 148 (Exclusion of Administrative Patent Judges)

특허법 제148조

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.

In any of the following cases, an administrative patent judge shall be excluded from participating in a trial: <Amended on Feb. 29, 2016>

1. Where an administrative patent judge or the person who is or was his or her spouse is a party to the case on trial or an intervenor in such case or an applicant for revoking a patent;

2. Where an administrative patent judge is or was a relative of a party to the case on trial or an intervenor in such case or an applicant for revoking a patent;

3. Where an administrative patent judge is or was the legal representative of a party to the case on trial or an intervenor in such case or an applicant for revoking a patent;

4. Where an administrative patent judge is summoned as a witness or an expert witness, or was an expert witness to the case on trial;

5. Where an administrative patent judge is or was the agent of a party to the case on trial or an intervenor in such case or an applicant for revoking a patent;

6. Where an administrative patent judge was involved as an examiner or administrative patent judge in a decision or a trial ruling on whether to grant or refuse a patent in the case on trial;

7. Where an administrative patent judge has a direct interest in the case on trial.[This Article Wholly Amended on Jun. 11, 2014]

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