Lee International

The revised Korean Patent Act, which will be effective as of October 21, 2021, will allow outside expert committee with specialized knowledge and experience to participate in the proceeding of patent trials and support the trial judges.

The outside expert committee consists of outside experts with special knowledge in technical fields, where rapid technical changes take place or field experience is required. They may participate in the patent trials and present their opinions orally or in writing to assist the understanding of the trial judges and supplement the professionality and competency in patent trials. The Intellectual Property Trial and Appeal Board (IPTAB) is preparing specific rules required for such outside expert committee.

The trial judges at the IPTAB are experts who can competently understand the technology in patent trials. However, in some cases that require understanding of as state-of-the-art technology or advanced technology requiring field experience, there has been continued necessity to employ outside experts to assist better understanding by the trial judges. The Korean courts have already begun to hear opinions or testimony of outside expert committee on cases that require special knowledge and experience such as architecture, medical care and intellectual property.

Once the outside expert committee is introduced in patent trial at the IPTAB, outside experts would efficiently assist the trial judges to accurately and correctly understand high-tech fields such as big data utilization, 5G communication and a secondary battery, thereby improving the professionality and competency of the patent trials.