Enforcement Rules of the Patent Act Article 74

When an invalidation action and a request for post-grant amendment are to be consolidated for examination pursuant to Paragraph 1, Article 77 of the Act, the post-grant amendment shall be first examined; if the post-grant amendment is rejected after examination, the Specific Patent Agency shall notify the patentee to make a response within a specified time limit; in case of failure to respond within the specified time limit or the post-grant amendment shall still be rejected despite the response, the Specific Patent Agency may proceed with the examination based on the materials available.When an invalidation action and a request for post-grant amendment are to be consolidated for examination pursuant to Paragraph 1, Article 77 of the Act, the syllabus of the invalidation decision shall specify the examination results for the post-grant amendment and the invalidation action separately. However, where the post-grant amendment is rejected after examination, such rejection shall only be stated in the reasons of invalidation decision.