Patent Act — Article 91 (Determination to Reject Applications for Registration of Extended Patent Terms by Permission)

In any of the following cases, an examiner shall determine to reject an application for registration of an extended patent term under Article 90:

1. Where it is found unnecessary to obtain permission, etc. under Article 89 (1) for practicing the relevant patented invention;

2. Where a patentee or an exclusive license holder or a registered non-exclusive license holder on the relevant patent fails to obtain permission, etc. under Article 89 (1);

3. Where the length of extension requested exceeds the period during which the relevant patent invention could not be practiced under Article 89;

4. Where the applicant for registration of an extension is not the patentee;

5. Where the application for registration of an extension is filed in violation of Article 90 (3).[This Article Wholly Amended on Jun. 11, 2014]