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Patent Act — Article 66-2 (Ex Officio Amendments)

특허법 제66조의2

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 an obvious clerical error in the specification, drawings, or abstract accompanying a patent application, he or she may amend such clerical error ex officio (hereinafter referred to as "ex officio amendment") when he or she decides to grant a patent thereon under Article 66. In such cases, the ex officio amendment shall be made within the scope prescribed in Article 47 (2) <Amended on Feb. 29, 2016; Aug. 17, 2021>

(2) When an examiner makes an ex officio amendment under paragraph (1), he or she shall notify the patent applicant of the ex officio amendment when serving a certified copy of the decision to grant the patent on the patent applicant under Article 67 (2).

(3) If a patent applicant will not accept all or some of an ex officio amendment, he or she shall submit a written argument thereon to the Commissioner of the Korean Intellectual Property Office before paying patent fees under Article 79 (1).

(4) If a patent applicant submits a written argument under paragraph (3), all or some of the ex officio amendment shall be deemed to have never existed. In such cases, the decision to grant a patent shall be deemed to be revoked: Provided, That the foregoing shall not apply where it is deemed that the ex officio amendment to the abstract attached to a patent application has never existed. <Amended on Feb. 29, 2016>

(5) Deleted. <Feb. 29, 2016>

(6) Where an ex officio amendment exceeds the scope under Article 47 (2) or any matter which is not evidently wrong is amended ex officio, such ex officio amendment shall be deemed never to have existed. <Newly Inserted on Aug. 17, 2021>[This Article Wholly Amended on Jun. 11, 2014][Title Amended on Feb. 29, 2016]

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