Patent Act Article 81May 1, 2019

Principle of ne bis in idem

Under any of the following circumstances, any person shall not be allowed to separately file an invalidation action against the same patent based on the same facts and evidence:

1. where another invalidation action has been filed based on the same facts and evidence and considered groundless by a decision; or
2. where new evidence is provided to the Intellectual Property Court pursuant to Article 33 of the Intellectual Property Case Adjudication Act and considered groundless by a judgment.

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Other Related Laws

Patent Act Article 33May 1, 2019

Invention Patent

A patent application for invention shall relate to one invention.

Two or more inventions so linked as to form a single general inventive concept may be filed in one application.

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