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Patent Act — Article 161 (Withdrawal of Petitions for Trial)

특허법 제161조

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(1) A petition for trial may be voluntarily withdrawn before a trial ruling becomes final and conclusive: Provided, That once the defendant has submitted a response, his or her consent shall be obtained to withdraw such petition.

(2) If a petition has been filed for trial for invalidation under Article 133 (1) or on confirmation of the scope of rights under Article 135 regarding at least two claims, the petitioner may withdraw the petition for each claim separately.

(3) If a petition for trial or each of the claims is withdrawn under paragraph (1) or (2), the petition shall be deemed never to have been filed.[This Article Wholly Amended on Jun. 11, 2014]

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