Patent Act Article 57

Invalidation of patent term extensionAny person may file an invalidation action against the granted patent term extension with the Specific Patent Agency, along with document(s) of proof, under any of the following conditions:1. where it is unnecessary to obtain regulatory approval to exploit the invention patent concerned;2. where neither the patentee nor the licensee has obtained the regulatory approval;3. where the granted term of extension exceeds the period during which the patent cannot be exploited;4. where the requester of the patent term extension is not the patentee;5. where the regulatory approval for extension request is not the first approval, or a request for extension based on the said regulatory approval has been made;6. where the pharmaceuticals involved in the granted patent term extension are veterinary drugs.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 a violation of Subparagraph 3 of the preceding paragraph, only the exceeding period of the extension shall be deemed non-existent.