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Patent Act — Article 154-2 (Professional Examiners)

특허법 제154조의2

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) The presiding judge may designate a professional examiner ex officio and have him or her participate in trial proceedings.

(2) Where the presiding judge has professional examiners participate in trial proceedings pursuant to paragraph (1), he or she shall designate at least one professional examiner for each case after hearing opinions of the parties.

(3) A professional examiner shall be entitled to allowances as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and other expenses, including travel expenses, daily allowances, and accommodation expenses, if necessary, may be paid to him or her.

(4) Other matters necessary for designating professional examiners shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

(5) Articles 164-2 (2) through (4) and 164-3 of the Civil Procedure Act shall apply mutatis mutandis to professional examiners under paragraph (1). In such cases, "court" shall be construed as "presiding judge."(6) Articles 148 through 152 shall apply mutatis mutandis to the exclusion of professional examiners and a challenge to such examiners under paragraph (1). In such cases, "presiding judge" shall be construed as "professional examiner."[This Article Newly Inserted on Apr. 20, 2021]

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