Patent Act Article 68May 1, 2019

Examination of post-grant amendment

The Specific Patent Agency shall designate a patent examiner to conduct examination of post-grant amendment, render a decision and serve it on the patentee, except for a post-grant amendment filed in accordance with Article 77.

After approving the post-grant amendment, the Specific Patent Agency shall publish the examination decision therefor.

Once a description, claim(s) and drawing(s) are amended and published, such post-grant amendment shall take effect retroactively from the filing date.

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Patent Act Article 77May 1, 2019

Consolidated proceedings of invalidation and post-grant amendment

If, during the invalidation proceedings, a request for post-grant amendment is filed, the said proceedings and post-grant amendment shall be consolidated; the decisions concerned shall be jointly rendered as well.

If the Specific Patent Agency considers the said post-grant amendment approvable, it shall serve a copy of the amended description, claim(s) and/or drawing(s) to the requester of invalidation action.The above shall not apply if the post-grant amendment is made only to delete claim(s).

Where there are two or more requests for post-grant amendment filed during the proceedings of same invalidation action, the earlier-filed request(s) for post-grant amendment shall be deemed to have been withdrawn.

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