(1) A judge may examine or preserve evidence at the request of a party, an intervenor or an interested party or ex officio.
(2) The provisions concerning the examination and preservation of evidence of the Civil Procedure Act shall apply mutatis mutandis to the examination and preservation of evidence under paragraph (1): Provided, That a judge shall not determine an administrative fine, order the arrest of any person or require any person to deposit security.
(3) An application for the preservation of evidence under paragraph (1) shall be filed with the President of the Intellectual Property Trial and Appeal Board before a request for a trial is made, and with the presiding judge when the trial is proceeding.
(4) Where an application for preservation of evidence under paragraph (1) is filed with the President of the Intellectual Property Trial and Appeal Board before a request for a trial is made, he or she shall designate judges to participate in such application.
(5) Where the presiding judge examines or preserves evidence ex officio pursuant to paragraph (1), he or she shall serve the result thereof on the parties, intervenors or interested parties, and provide them with an opportunity to submit their written opinions within a fixed period.