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Patent Act — Article 180 (Period for Filing Petitions for Retrial)

특허법 제180조

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 party shall file a petition for retrial within 30 days from the date when he or she becomes aware of the ground for retrial after a decision to revoke a patent or a trial ruling becomes final and conclusive. <Amended on Feb. 29, 2016>

(2) Where a petition for retrial is filed on the ground of a defect in power of attorney, the period under paragraph (1) shall be counted from the following day after the petitioner or his or her legal representative becomes aware that a decision to revoke a patent or a trial ruling was rendered when he or she receives a certified copy of the decision to revoke a patent or the trial ruling. <Amended on Feb. 29, 2016>

(3) No petition for retrial may be filed after the lapse of three years from the date when a decision to revoke a patent or a trial ruling becomes final and conclusive. <Amended on Feb. 29, 2016>

(4) If the ground for retrial arises after a decision to revoke a patent or a trial ruling becomes final and conclusive, the period under paragraph (3) shall be counted from the following day after such ground arises. <Amended on Feb. 29, 2016>

(5) Paragraphs (1) and (3) shall not apply where a petition for retrial is filed on the ground that the relevant trial ruling conflicts with another trial ruling that had become final and conclusive before the relevant trial ruling was rendered.[This Article Wholly Amended on Jun. 11, 2014]

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