South Korea’s IPTAB Advances Reforms to Strengthen Patent Reliability Through Invalidation Trial System Improvements

Release Time：2025-04-30 10:09Author：Views：232

On April 21, 2025, the Intellectual Property Trial and Appeal Board (IPTAB) under the Korean Intellectual Property Office (KIPO) announced reforms to its patent invalidation trial procedures, aimed at enhancing the reliability and stability of patent rights. Key measures include the introduction of an "Advance Notice of Invalidation Decision" system, stricter evidentiary requirements for petitioners, and strengthened claim interpretation procedures.

Core Reforms

1. Advance Notice of Invalidation Decision
If the IPTAB preliminarily determines that an invalidation petition is valid, it will issue an advance notice to the patentee prior to finalizing the decision. This allows the patentee to amend claims (e.g., narrowing the scope) to preserve the patent’s validity. The measure aims to reduce abrupt patent invalidations and safeguard the patentee’s right to correction.

2. Stricter Evidentiary and Procedural Requirements for Petitioners
Invalidation petitioners must submit more specific and detailed evidence, adhere strictly to submission deadlines (the "timely submission principle"), and clarify disputed issues early in the process. Oral proceedings will also be streamlined to ensure both parties fully present their arguments.

3. Strengthened Claim Interpretation Procedures
Petitioners are required to state their positions on claim interpretation at an early stage. If disagreements arise, the IPTAB will permit supplementary arguments or evidence to reduce ambiguity and improve decision consistency.

Information source: https://www.kipo.go.kr/ko/kpoBultnDetail.do?menuCd=SCD0200618&ntatcSeq=20486&sysCd=SCD02&aprchId=BUT0000029

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