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 If the patent application has been voluntarily withdrawn or abandoned.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applicant receives the notice under paragraph (2), it shall be deemed that the decision to grant the patent has never been revoked.[This Article Newly Inserted on Feb. 29, 2016]