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Patent Act — Article 181 (Restrictions on Effects of Patents Reinstated by Retrial)

특허법 제181조

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) In any of the following cases, no effect of a patent shall extend to the goods imported or domestically manufactured or acquired in the Republic of Korea, in good faith, after a decision to revoke the patent or the relevant trial ruling becomes final and conclusive, but before a petition filed for retrial is registered: <Amended on Feb. 29, 2016>

1. Where an invalidated patent (including a patent with extension of its term registered) is reinstated in the retrial;

2. Where a trial ruling that a product did not fall within the scope of rights in a patent became final and conclusive, but a subsequent ruling rendered in retrial to reverse the former ruling, becomes final and conclusive;

3. Where the grant of a patent or an extended term of a patent is registered as a result of retrial on a patent application or on an extension of the term of a patent, which was rejected by a trial ruling;

4. Where a revoked patent is restored by retrial.

(2) No effect of a patent in any case falling under paragraph (1) shall extend to any of the following: <Amended on Feb. 29, 2016>

1. Practicing the relevant invention in good faith after the relevant decision to revoke a patent or the relevant trial ruling becomes final and conclusive, but before the petition filed for retrial is registered;

2. Manufacturing, assigning, leasing, or importing, in good faith, a product used only for manufacturing the product protected by the patent as an invention, or offering to assign or lease such product, in good faith, after the relevant decision to revoke a patent or the trial ruling becomes final and conclusive, but before the petition filed for retrial is registered, if the patent is for the invention of the product;

3. Manufacturing, assigning, leasing, or importing, in good faith, a product used only for practicing a process, or offering to assign or lease such product, in good faith, after the relevant decision to revoke a patent or the relevant trial ruling becomes final and conclusive, but before the petition filed for retrial is registered, if the patent is for the invention of the process.[This Article Wholly Amended on Jun. 11, 2014]

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