Lee International

The Intellectual Property Trial and Appeal Board (IPTAB) of the Korean Intellectual Property Office (KIPO) announced improvements to the patent trials on March 5, 2024.  These include (1) expanding the high-tech trial division and (2) introducing a trial reference system, aiming to facilitate faster and fairer trial administration services.

(1) Expanding the high-tech trial division to secondary batteries and next generation communication networks

The IPTAB has been actively addressing patent disputes related to national strategic technologies by operating an exclusive trial division.  Comprised of experts with advanced degrees and extensive experienced in relevant technologies and trial proceedings, this division aims to resolve disputes swiftly and accurately, thereby enhancing corporate competitiveness and economic security.  Building on its success in sectors like semiconductor and mobility, the IPTAB plans to expand the exclusive patent trial division to cover the secondary batteries and next-generation communication networks.

Such improvement in the patent trials aligns with the examination policy at KIPO, which involves both the establishment of the Semiconductor Examination Task Force which exclusively handles applications related to the semiconductor technology field, and the designation of applications in the semiconductor, display, and secondary battery technical fields as subjects for expedited examination.  Therefore, expertise in IPTAB trials in the fields of semiconductors, mobility, secondary batteries, and next-generation communications is expected to be further enhanced.

(2) Introducing the public advisory committee

The IPTAB's decisions, including for those in patent invalidation trials, have broader implications that can affect not only the parties involved in the trials but also third parties.  To address this, the public advisory committee was introduced in March 2024.  This allows for input from external experts, including those from national agencies and public organizations, on important legal issues that may impact various industries.  

The public advisory committee is inspired by the amicus curiae system in the US, which solicits opinions from external experts, including those from national agencies, local governments, and public organizations, for cases that have a significant impact on the industry.

The IPTAB introduced the technical advisory committee in October 2021, allowing private technical experts with specialized technical knowledge and experience to participate in patent trials.  Additionally, the newly introduced public advisory committee enables the inclusion of opinions from these experts regarding industry impacts and related legal issues.

The introduction of the  technical  advisory committee and the public advisory committee is anticipated to enhance expertise and trial fidelity in patent trials.  This, in turn, will contribute to improved legal stability across the industry.