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Patent Act — Article 164 (Relationship to Litigation)

특허법 제164조

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) If the presiding judge deems it necessary for a trial, he or she may, ex officio or at the request of a party, suspend a trial proceeding until a decision on an application for revoking the patent related to the case on trial or a trial ruling rendered in another trial related to the case on trial becomes final and conclusive or until the related legal proceedings are completed. <Amended on Feb. 29, 2016>

(2) If a court finds it necessary to suspend legal proceedings, it may, ex officio or at the request of a party, suspend legal proceedings until a decision on a petition for patent revocation or a trial ruling on a patent becomes final and conclusive. <Amended on Feb. 29, 2016>

(3) Where legal proceedings are filed regarding an infringement of a patent or an exclusive license, the court shall notify the President of the Korean Intellectual Property Trial and Appeal Board of the claims asserted in the legal proceedings. The same shall also apply when the legal proceedings are completed.

(4) Where a petition is filed for trial seeking invalidation of a patent in response to legal proceedings filed regarding an infringement of a patent or an exclusive license under paragraph (3), the President of the Korean Intellectual Property Trial and Appeal Board shall notify the competent court referred to in paragraph (3) of the claims thereof. The same shall also apply when a decision or trial ruling dismissing the petition for trial is rendered or when the petition for trial is voluntarily withdrawn.[This Article Wholly Amended on Jun. 11, 2014]

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