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Patent Act — Article 186 (Legal Proceedings against Trial Rulings)

특허법 제186조

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 Patent Court of Korea shall have exclusive jurisdiction over lawsuits filed against a decision to revoke a patent or a trial ruling and lawsuits filed against a decision to dismiss a petition for patent revocation, a petition for trial, or a petition for retrial. <Amended on Feb. 29, 2016>

(2) Any of the following persons shall have standing to file legal proceedings under paragraph (1): <Amended on Feb. 29, 2016>

1. A party;

2. An intervenor;

3. A person whose petition filed to intervene in hearings, a trial, or a retrial on the relevant petition for patent revocation has been rejected.

(3) Legal proceedings referred to in paragraph (1) shall be filed within 30 days from the date when a certified copy of the relevant trial ruling or decision is served.

(4) The period referred to in paragraph (3) is invariable.

(5) With respect to the invariable period referred to in paragraph (4), the presiding judge may, ex officio, extend the period, for the benefit of a person living in a remote area or in an area with poor access to transport.

(6) No lawsuit may be filed with respect to any matter regarding which a petition for patent revocation or a petition for trial may be filed, unless the lawsuit is related to a decision to revoke the patent or a trial ruling. <Amended on Feb. 29, 2016>

(7) No legal proceedings referred to in paragraph (1) may be independently filed on a trial ruling on the consideration set under Article 162 (2) 5 or a trial ruling or decision on costs incurred in trial under Article 165 (1).

(8) A ruling rendered by the Patent Court of Korea under paragraph (1) may be appealed to the Supreme Court of the Republic of Korea.[This Article Wholly Amended on Jun. 11, 2014]

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