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Patent Act — Article 51 (Rejection of Amendments)

특허법 제51조

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 an examiner finds that an amendment made under Article 47 (1) 2 or 3 violates paragraph (2) or (3) of the same Article, or that another ground for rejection arises due to such amendment (excluding an amendment to delete a claim among amendments made under paragraph (3) 1 or 4 of the same Article), he or she shall determine to reject the amendment: Provided, That the foregoing shall not apply to any of the following amendments: <Amended on Feb. 29, 2016>

1. Where an ex officio amendment is made under Article 66-2: The amendment made prior to the ex officio amendment;

2. Where an ex officio re-examination is conducted under Article 66-3: The amendment made prior to the revoked decision to grant a patent;

3. Where a request for re-examination is filed pursuant to Article 67-2: The amendment made before the request is filed.

(2) A decision to reject an amendment under paragraph (1) shall be made in writing, stating the grounds therefor.

(3) No appeal shall be permitted against a decision to reject an amendment under paragraph (1): Provided, That the foregoing shall not apply where a decision to reject an amendment (excluding a decision to reject an amendment prior to the revoked decision to grant a patent, where an ex officio re-examination is conducted under Article 66-3, and a decision to reject an amendment before a request for re-examination under Article 67-2 is filed, where such request is filed) is contested in a trial on the ruling to reject the claim of a patent under Article 132-17. <Amended on Feb. 29, 2016>[This Article Wholly Amended on Jun. 11, 2014]

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