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Patent Act — Article 162 (Trial Rulings)

특허법 제162조

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) Except as otherwise provided for in any Act, a patent trial shall be closed by a trial ruling.

(2) The trial ruling under paragraph (1) shall be made in writing, declaring the following, on which administrative patent judges participating who have rendered the decision shall affix their names and seals:

1. The case number;

2. The names and domiciles of the parties and intervenors (if a party or intervenor is a corporation, its name and place of business);

3. The name and the domicile or place of business of an agent, if a party or intervenor is represented by an agent (if the agent is a patent firm or a limited-liability patent firm, its name and place of business, and the name of the patent attorney designated for the case);

4. A description of the case on trial;

5. The text of the trial ruling (including the scope and term of the relevant non-exclusive license and the consideration therefor, if the ruling is rendered in a trial under Article 138);

6. Grounds for the trial ruling (including the purport of the petition, and a summary of the grounds for the petition);

7. The date of the trial ruling.

(3) When a case has been thoroughly reviewed and is ready to be ruled, the presiding judge shall notify the parties and intervenors of the closing of the trial review.

(4) If deemed necessary, the presiding judge may reopen a case for review, upon request from a party or intervenor or ex officio, even after he or she has given notice of the closing of trial review under paragraph (3).

(5) The trial ruling shall be rendered within 20 days from the date notice of the closing of trial review is given under paragraph (3).

(6) When a trial ruling or ruling is rendered, the presiding judge shall serve the parties, intervenors, and the persons whose application for intervention in the trial was rejected with a certified copy of the trial ruling or ruling, respectively.[This Article Wholly Amended on Jun. 11, 2014]

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