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HOME >Korean IP basics> Trial & Litigation

Trial/Litigation of intellectual property (patents, utility models, designs, and trademarks) involves endeavors to resolve disputes in the acquisition, alteration, and termination of intellectual property (IP) rights, as well as the scope of those rights. In regards to IP, Korea has a 3-tier system, in which the decisions of the lower court, the Industrial Property Tribunal (IPT), can be appealed to the appellate-level court, the Patent Court, and, finally, to the Supreme Court. IP trials can involve:

- Appeals to rejected or revoked applications.
- Invalidation of registration cases, in which one seeks to make invalid an already-registered IP.
- Confirmation of scope cases, in which one seeks to ascertain the scope of claim(s), the extent of rights, of an already-registered IP.
- Cancellation of registration cases, in which one seeks to cancel an already-registered trademark.
- And others (which can be viewed here.)


1) A formal, written request for a trial must be made to the President of the IPT. (Patent Law, Article140.1)

2) The request for trial must include (Patent Law, Artcle140.1):

- The requester's (or the petitioner's) and the agent's (e.g., an attorney's) name and address. (If the requester of a trial is a legal entity, the name and location of the business/law firm; if the representative is a patent legal entity, the name and location of the business/law firm plus the name of the designated attorney.)
- The identification of the (trial) case.
- Purpose and grounds for the request. *The purpose may not be amended; however, this provision does not apply to the reasons for the request.

3) Accompanying Documents

- Trials involving amendments: amendment specifications/drawings. (Patent Law, Article140.5)
- Trials for verification of scope: explanations/drawings needed for comparison with the patented invention. (Patent Law, Article140.3)
- Trials for rights to commercial use: the number and title of the patent to be "worked" (to use for industrial or commercial ends); the number, title, and date of the other party's patent, registered utility model or design to be worked; and the scope, duration, and the remuneration (payment) for the nonexclusive license on a patented invention, a registered utility model, or a design. (Patent Law, Article140.4)


4) In cases of a trial request related to: a rejection decision, a cancellation decision, or any decision of an application for a utility model (Patent Law, Article 140.2.1):

- The requester's and the representative's name and address. (If the requester of a trial is a legal entity, the name and location of the business; if the representative is a patent legal entity, the name and location of the law firm plus the name of the designated attorney.)
- Name of the invention/device.
- The decision letter.
- The identification of the (trial) case.
- Purpose and grounds for the request.


The trial can be conducted by an oral hearing or through an examination of documents. If an oral hearing is requested, an oral hearing must be conducted unless an examination of documents alone can clearly produce a decision. (Patent Law, Article 154.1)

1) Cancellation of a Request for Trial
The cancellation of a request for trial involves either the withdrawing of the request for the entire trial or a portion of the trial by the petitioner.
A petitioner can withdraw a request for trial anytime before the final decision, but in cases where a response has already been submitted by the defendant, the defendant's consent must be obtained before such a cancellation can occur. (Patent Law, Article 161.1)

2) Judgments

a) Judgment is defined as the final decision made by the presiding trial examiner to resolve the (trial) case.

b) Types of Judgments:
- Rejection for Failure to Comply: in cases where the party instructed to provide an amendment (in response to a failure to comply with procedural, fee, or trial request form requirements) does not to do so within the appropriate period, the trial examiner will reject the request for a trial. (Patent Law, Article 141)
- Rejection for Incurable Defects: in cases where a request for a trial contains unlawful defects that cannot be corrected by an amendment, the trial examiner will reject the request for a trial without requesting that the defendant submit a response. (Patent Law, Article 142)
- Judgment of Dismissal: in cases where the merits are examined and judged to be insufficient (Patent Law, Article 162)
- Judgment of Acceptance: in cases where the merits are examined and judged to be sufficient (Patent Law, Article 162)

c) Procedure
Termination Notification of the Examination Process
- The presiding trial examiner will notify the relevant parties of the closure of examination when a thorough examination has been conducted.
- Even after such a notification, the trial examiner may reopen the examination upon the motion of the party involved or its - - intervener- - (a third-party, who is not the original petitioner but still has an interest in the trial, e.g., in cases of 2 or more claims.)

The Ruling
- The ruling will occur within 20 days after the termination of the examination process.
- The ruling is based on a majority-rule consent of the trial examiners.
- The trial examiners must sign the ruling decision, a detailed written document that includes the number of the trial, text of the ruling, reasons for the decision, etc.
- When a trial ruling has been made, the presiding trial examiner will send a certified copy of the decision to the involved parties, interveners, and requesters of intervention that was formerly rejected.

d) Actions on a Ruling
- The ruling of the lower court, the Industrial Property Tribunal (IPT), can be appealed to the appellate-level court, the Patent Court. (Patent Law, Article 186)
- A trial decision cannot be retried on the basis of the same facts and evidence, according to the principle of double-jeopardy. (Patent Law, Article 163)


- Any party can appeal a ruling from the IPT, a rejection to a request for a trial, or a rejection to a request for a reexamination to the Patent Court within 30 days of receiving the ruling or the decision letter. (Patent Law, Article 186)
- Any party can appeal a ruling from the Patent Court to the Supreme Court. (Patent Law, Article 186.8) Such an appeal must be made within 2 weeks from receiving the ruling decision notice. (Civil Law, Article 425.)