|Patent Act Article 83May 1, 2019|
Procedures to be applied mutatis mutandis to invalidation action against patent term extension
With respect to an invalidation action filed against patent term extension of an invention patent pursuant to Paragraph 1 of Article 57, the provisions in this Act with respect to invalidation actions against invention patents shall apply mutatis mutandis.
|Patent Act Article 57May 1, 2019|
Invalidation of patent term extension
Any person may file an invalidation action of the granted patent term extension to the Specific Patent Agency, together with document(s) of proof, under any of the following circumstances:
1. where it is unnecessary to obtain the regulatory approval to exploit the invention patent concerned;
If an invalidation decision revoking the patent term extension has become final and binding, the granted patent term extension shall be deemed non-existent ab initio. However, if such final and binding invalidation decision of revocation is rendered due to violation of Subparagraph 3 or Subparagraph 6 of the preceding paragraph, only the exceeding period of the extension shall be deemed non-existent.
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