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Patent Act — Article 28-5 (Notification via Information and Communications Networks)

특허법 제28조의5

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 the Commissioner of the Korean Intellectual Property Office, the President of the Korean Intellectual Property Trial and Appeal Board, a presiding judge, an administrative patent judge, or an examiner intends to give notice of or serve a document (hereinafter referred to as"notification or service of documents") to or on a person who has reported on the use of electronic documents under Article 28-4 (1), he or she may do so via an information and communications network.

(2) The notification or service of documents via an information and communications network under paragraph (1) shall be as valid as notification or service in writing.

(3) The notification or service of a document under paragraph (1) shall be deemed made as the contents recorded in the file stored in the electronic information processing system used by the Korean Intellectual Property Office or the Korean Intellectual Property Trial and Appeal Board for forwarding documents at the time the person to whom such notification or service is addressed accesses the document via the electronic information processing system used by the person.

(4) Matters necessary for the kinds and methods of notification and service via an electronic information and communications system under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.[This Article Wholly Amended on Jun. 11, 2014]

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