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Patent Act — Article 189 (Revocation of Trial Rulings or Decisions)

특허법 제189조

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) If a court upholds claims asserted in legal proceedings filed under Article 186 (1), it shall revoke the relevant trial ruling or decision by ruling.

(2) When a court ruling revoking a trial ruling or decision under paragraph (1) becomes final and conclusive, administrative patent judges shall review the case and render another trial ruling or decision.

(3) In ruling on a trial under paragraph (1), the ground based on which revocation was rendered shall be binding upon the Korean Intellectual Property Trial and Appeal Board with respect to the relevant case.[This Article Wholly Amended on Jun. 11, 2014]

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