Part Four
Appeal Petitions
Article 60
- An appeal petition may be filed with respect to the refusal of an application based on reasons and considerations regarding matters which are substantive in nature as referred to in Article 56 paragraph (1) or paragraph (3)
- An appeal petition shall be filed in writing by the applicant or his proxy to the Patent Appeal Commission with a copy delivered to the Directorate General
- An appeal petition shall be filed by describing in detail the objections to the refusal of the application as the result of substantive examination and stating the grounds therefore
- The grounds as referred to in paragraph (3) must not constitute new reasons or explanations that expand the scope of invention as referred to in Article 35.
Article 61
- An appeal petition shall be filed no later than 3 (three) months from the date of the notification of rejection of the application
- If the period as referred to in paragraph (1) has elapsed without an appeal petition, the refusal of the application shall be deemed accepted by the applicant
- Where the refusal of an application has been deemed accepted as referred to in paragraph (2), the Directorate General shall record and announce this fact.
Article 62
- An appeal petition shall be examined by the Patent Appeal Commission at the latest I (one) month from the date of filing of said petition
- The Patent Appeal Commission shall produce its decision at the latest 9 (nine) months from the end of period as referred to in paragraph (1)
- Where the Patent Appeal Commission accepts and approves an appeal petition, the Directorate General shall be obliged to implement the decision of the Patent Appeal Commission
- If the Patent Appeal Commission refuses an appeal petition, the applicant or his proxy may bring a legal action against the decision to the Commercial Court within the period of 3 (three) months from the date of receipt of the refusal
- Upon the decision of the Court as referred to in paragraph (4), the applicant may only file a cassation.
Article 63
The procedure of filing a request, examination as well as the settlement of appeals shall be further regulated by a Presidential Decree
Article 64
- The Patent Appeal Commission is a special independent agency and operates within the department in the field of intellectual property right
- The Patent Appeal Commission shall comprise a chairman who also acts as member, and members consisting of some experts in the necessary fields, and senior examiners
- The members of the Patent Appeal Commission as referred to in paragraph (1) shall be appointed and dismissed by the Minister for a service period of 3 (three) years
- The chairman and deputy-chairman shall be elected from and by the members of the Patent Appeal Commission
- To examine an appeal petition, the Patent Appeal Commission shall be establish a hearing board with an odd number, at a minimum of 3 (three) persons, one of whom shall be a senior examiner who did not carry out the substantive examination of the relevant application.
Article 65
The organization structure, duties and functions of the Patent Appeal Commission shall be further regulated by a Government Regulation.
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