Patent Act Article 82May 1, 2019

Decision of invalidation action

Where an invalidation action against an invention patent is considered well grounded, the patent right shall be revoked; such revocation may be made on a claim-by-claim basis.

Revocation of an invention patent right shall become final and binding under any of the following circumstances:
1. where no administrative remedy proceedings are filed in accordance with laws; or
2. where administrative remedy proceedings are filed but dismissed finally and bindingly.

Where an invention patent is revoked finally and bindingly, the effect of patent right shall be deemed not to have existed.

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