(1) Notwithstanding Article 88 (1), the term of a patent on an invention may be extended only once by up to five years to compensate for the period during which the invention cannot be practiced, if the invention is specified by Presidential Decree and requires permission, registration, etc. under any other statute (hereinafter referred to as "permission, etc.") to practice patented invention but it takes a long time to undergo necessary tests for validity, safety, etc. for such permission, registration, etc.
(2) For the purposes of paragraph (1), the period required due to a cause attributable to the person who has obtained permission, etc. shall not be included in "period during which the invention cannot be practiced" in paragraph (1).[This Article Wholly Amended on Jun. 11, 2014]