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Patent Act — Article 66-3 (Ex Officio Re-Examination Subsequent to Decision to Grant Patent)

특허법 제66조의3

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) When an examiner finds an obvious ground for rejection with respect to a patent application according to which a decision to grant a patent has been made, he or she may revoke the decision to grant the patent and may examine the patent application again (hereinafter referred to as "ex officio re-examination"): Provided, That the foregoing shall not apply to the following cases:

1. If the ground for rejection is related to the requirement under Article 42 (3) 2 or (8) or Article 45;

2. If patent rights are established through registration in accordance with the decision to grant the patent;

3. If the patent application has been voluntarily withdrawn or abandoned.

(2) When an examiner intends to conduct an ex officio re-examination under paragraph (1), he or she shall notify the patent applicant that he or she revokes the decision to grant the patent.

(3) If a patent application falls under paragraph (1) 2 or 3 before the patent applicant receives the notice under paragraph (2), it shall be deemed that the decision to grant the patent has never been revoked.[This Article Newly Inserted on Feb. 29, 2016]

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