Article 138
(1) After the Office’s final decision;
a) If subject of patent does not have patentability conditions in accordance with
Article 82 and Article 83,
b) If invention is not sufficiently explained in accordance with first, second and third paragraphs of Article 92,
c) If subject of patent exceeds the scope of first version of the application or if subject of patent exceeds the scope of first version of first application where patent bases on a divided application according to Article 91 or bases on an application made according to sub paragraph (b) of third paragraph of Article 110.
ç) If it is proved that the patent owner does not have right to demand patent according to the Article 109,
d) If the extent of protection is exceeded, relevant court decides to accept invalidity the patent.
(2) Prior to the publication made in accordance with the third or seventh paragraphs of Article 99, the court shall not decide with regard to invalidity request made pursuant to subparagraphs (a), (b) and (c) of first paragraph.
(3) The claim that the patent owner does not have right to demand patent according to the Article 109 may only be alleged by holder of invention or successors of holder of invention.
(4) If causes of invalidity are related to only a part of a patent, the claim or claims related to only that part shall be cancelled and the partial invalidity of the patent shall be decided. The partial invalidity for a claim shall not be decided. If the claim or claims that are not cancelled as a result of partial invalidity which have patentability conditions in accordance with Article 82 and Article 83, the patent shall remain valid for this part. If the independent claim is revoked, each dependent claim that is subject to independent claim does not separately have patentability conditions in accordance with Article 82 and Article
83, claims that are subject to independent claim in question shall also be revoked by the court.
(5) The invalidity proceeding of patent may be instituted against those who are registered in register as the owner of patent during duration of patent protection or within five years following termination of right. Notification shall be made those who are deemed as right holder on patent in register to ensure that they may participate in the action.
(6) Persons concerned, Public Prosecutors or the relevant public institutions and organizations may want the invalidity of patent. In the event that the patent owner does not have right to demand patent according to the Article 109, the invalidity of patent can be demanded by only holder of invention or successors of holder of invention.
(7) The decision regarding the invalidation of a patent shall not compulsorily conclude in the invalidity of the additional patents. If an application is not made to convert the additional patents to independent patents within three months from the notification of the invalidity decision, the invalidity of the patent shall cause the invalidity of the additional patents also.