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Patent Act — Article 176 (Revocation of Ruling Rejecting Patent Applications)

특허법 제176조

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 an administrative patent judge upholds claims asserted in a petition filed for a trial under Article 132-17, he or she shall render a trial ruling revoking the ruling rejecting the patent application or the ruling refusing to register the extended term of the patent. <Amended on Feb. 29, 2016>

(2) When an administrative patent judge revokes a ruling rejecting a patent application or a ruling refusing to register the extended term of the patent in a trial under paragraph (1), he or she may render a trial ruling that the case shall be subject to examination.

(3) In ruling on a trial under paragraph (1) or (2), a ground based on which revocation is rendered shall be binding upon examiners with respect to the relevant case.[This Article Wholly Amended on Jun. 11, 2014]

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