Trials & Litigation

Patent Trials: A trial denotes an administrative judgment for the coming into effect, changing, or extinguishing of intellectual property (patent, utility model, design, or trademark) and for resolving disputes regarding the scope of effectiveness thereof. Unlike patent infringement suits that are handled in general courts, patent trials are handled by the Intellectual Property Tribunal which is a branch of the Korea Intellectual Property Office because those who handle patent trials must have expert knowledge and experience.

Types of Trials

Ex Parte Trials: are trials in which a plaintiff initiates a patent-related procedure against the Commissioner of the Korean Intellectual Property Office. For example, trial for decision for refusal, trial for correction, etc.

Inter parte Trials: are trials against inter partes. For example, trial for invalidation of patent, trial to confirm the scope of a patent, trial for trademark cancellation based on non use, trial for invalidation of correction, trial for granting a nonexclusive license, etc.

IP Information