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Patent Act — Article 165 (Costs of Trial)

특허법 제165조

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 allocation of costs incurred in relation to a trial under Article 133 (1), 134 (1) or (2), 135, or 137 (1) shall be determined by a trial ruling if a trial ruling is rendered at the close of trial, or by decision, if the trial is not closed by a trial ruling.

(2) Articles 98 through 103, 107 (1) and (2), 108, 111, 112, and 116 of the Civil Procedure Act shall apply mutatis mutandis to costs incurred in relation to a trial under paragraph (1).

(3) Costs incurred in relation to a trial under Article 132-17, 136, or 138 shall be borne by the petitioner for the trial. <Amended on Feb. 29, 2016>

(4) Article 102 of the Civil Procedure Act shall apply mutatis mutandis to costs to be borne by a petitioner under paragraph (3).

(5) The amount of costs incurred in a trial shall be determined by the President of the Korean Intellectual Property Trial and Appeal Board, upon request from a party, after the relevant trial ruling or decision becomes final and conclusive.

(6) Relevant provisions of the Costs of Civil Procedure Act shall apply to the scope, amount, and payment of costs incurred in a trial, and the payment of the cost required for engaging in procedural acts in a trial, unless such provisions violate the nature of the cost.

(7) Fees a party has paid or is payable to a patent attorney who has represented the party in a trial shall be deemed costs incurred in the trial up to the amount specified by the President of the Korean Intellectual Property Trial and Appeal Board. Even where a party has been represented by several patent attorneys in a trial, the party shall be deemed to have been represented by one patent attorney for the purposes of this paragraph.[This Article Wholly Amended on Jun. 11, 2014]

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