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Patent Act — Article 188-2 (Exclusion, Challenge, or Refrainment of Technical Examiners)

특허법 제188조의2

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) Article 148 of this Act and Articles 42 through 45, 47, and 48 of the Civil Procedure Act shall apply mutatis mutandis to exclusion of, or a challenge to, technical examiners under Article 54-2 of the Court Organization Act.

(2) A decision on exclusion of, or a challenge to, technical examiners under paragraph (1) shall be made in a trial by the court to which the technical examiner belongs.

(3) If a technical examiner has a ground for exclusion of, or challenge to, him or herself, he or she may voluntarily refrain from participation in the case on trial with permission from the Chief Judge of the Patent Court.[This Article Wholly Amended on Jun. 11, 2014]

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