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Patent Act — Article 67-2 (Requests for Re-Examinations)

특허법 제67조의2

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) A patent applicant may file a request to re-examine his or her patent application (hereinafter referred to as "re-examination") after amending the specification or drawings of the patent application within three months (referring to the extended period, if the period specified in Article 132-17 is extended pursuant to Article 15 (1)) from the date of receipt of a certified copy of a decision to grant a patent until the date of registration of the grant under Article 79 or from the date of receipt of a certified copy of a decision to reject a patent application: Provided, That this shall not apply in any of the following cases: <Amended on Feb. 29, 2016; Oct. 19, 2021>

1. Where a decision on patentability has already been made at the time the request for re-examination is made;

2. Where a petition for trial under Article 132-17 is made (excluding where a decision to reject a patent application is revoked under Article 176 (1));

3. Where the patent application is a splitting-off.

(2) A patent applicant may submit a written argument when filing a request for re-examination under paragraph (1).

(3) If a request for re-examination is filed under paragraph (1), the previous decision to grant the patent or to reject the patent application shall be deemed revoked: Provided, That this shall not apply where the procedure for filing the request for re-examination becomes invalid under Article 16 (1). <Amended on Oct. 19, 2021>

(4) No request for re-examination under paragraph (1) shall be withdrawn.[This Article Wholly Amended on Jun. 11, 2014]

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