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Patent Act — Article 22 (Applications for Resumption)

특허법 제22조

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) An application to resume a procedure interrupted under Article 20 can be filed by a person specified in any subparagraph of Article 21. In such cases, the other party can request the Commissioner of the Korean Intellectual Property Office or the administrative patent judge referred to in Article 143 (hereinafter referred to as"administrative patent judge") to order the person specified in any subparagraph of Article 21 to file an application to resume.

(2) Upon receipt of an application to resume an interrupted procedure under Article 20, the Commissioner of the Korean Intellectual Property Office or the presiding judge shall notify the other party thereof.

(3) If the Commissioner of the Korean Intellectual Property Office or the administrative patent judge deems that no grounds exist to accept an application to resume an interrupted procedure under Article 20, after examining the application ex officio, he or she shall determine to dismiss the application.

(4) Upon receipt of an application to resume an interrupted procedure, the Commissioner of the Korean Intellectual Property Office or the administrative patent judge shall determine whether to permit the resumption of the procedure interrupted after a certified copy of a decision or trial ruling is served.

(5) If a person specified in any subparagraph of 21 fails to resume the interrupted procedure, the Commissioner of the Korean Intellectual Property Office or the administrative patent judge shall, ex officio, order the person to resume the procedure within a specified period.

(6) If the procedure is not resumed within the period specified in paragraph (5), it shall be deemed resumed on the day following the expiration of the period.

(7) Where the procedure is deemed resumed under paragraph (6), the Commissioner of the Korean Intellectual Property Office or the presiding judge shall notify all relevant parties thereof.[This Article Wholly Amended on Jun. 11, 2014]

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