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Patent Act — Article 16 (Invalidation of Procedure)

특허법 제16조

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) When a person ordered to make an amendment under Article 46 fails to do so within a specified period, the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board may invalidate the patent-related procedure: Provided, That if a person ordered to make an amendment for his or her failure to pay petition fees for an examination under Article 82 (2) fails to pay the petition fees, the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board may invalidate the amendment to the specification accompanying the patent application.

(2) When a patent-related procedure has been invalidated under paragraph (1), but it is deemed that the failure to make an amendment within the specified period was due to good cause, the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board may revoke the invalidation within two months after the relevant cause ceases to exist, upon receipt of a request from the person ordered to make such amendment: Provided, That the foregoing shall not apply where one year has passed since the expiration of the specified period. <Amended on Oct. 19, 2021>

(3) When the Commissioner of the Korean Intellectual Property Office or the President of the Korean Intellectual Property Trial and Appeal Board invalidates a procedure under the main clause of or the proviso of paragraph (1) or revokes invalidation under the main clause of paragraph (2), he or she shall give written notice of such measure to the person ordered to make an amendment.[This Article Wholly Amended on Jun. 11, 2014]

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