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Patent Act — Article 21 (Resumption of Interrupted Procedure)

특허법 제21조

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.

If a procedure pending before the Korean Intellectual Property Office or the Korean Intellectual Property Trial and Appeal Board is interrupted under Article 20, any of the following persons shall resume the procedure:

1. In cases falling under subparagraph 1 of Article 20: The deceased party’s heir, the administrator of inherited estate, or a person authorized to resume the procedure under any Act: Provided, That no heir may resume the procedure during the period in which he or she can renounce inheritance;

2. In cases falling under subparagraph 2 of Article 20: The corporation established in the course of the merger or the corporation surviving the merger;

3. In cases falling under subparagraph 3 or 4 of Article 20: The party whose capacity to perform the procedure is reinstated or a person appointed as the legal representative;

4. In cases falling under subparagraph 5 of Article 20: A new trustee;

5. In cases falling under subparagraph 6 of Article 20: A new representative or either party;

6. In cases falling under subparagraph 7 of Article 20: An equally qualified person.[This Article Wholly Amended on Jun. 11, 2014]

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