Patent Act — Article 35 (Patents Granted to Unentitled Persons and Protection of Legitimate Right-Holders)

If a trial ruling invalidating a patent becomes final and conclusive on the ground of the lack of the entitlement to the patent under the main clause of Article 33 (1) as provided for in Article 133 (1) 2, the patent application filed by the legitimate right-holder subsequent to the patent application filed by the unentitled person shall be deemed filed at the time the application for the invalidated patent is filed: Provided, That the foregoing shall not apply where the legitimate right-holder files a patent application 30 days after the date the trial ruling becomes final and conclusive. <Amended on Feb. 29, 2016>[This Article Wholly Amended on Jun. 11, 2014]