The Korean trial system consists of the Intellectual Property Tribunal (IPT), the Patent Court and the Supreme Court. Thus, a patent trial functions as the first-instance trial in the Three-Instance Patent Litigation System. Only after a trial decision is given from the Intellectual Property Tribunal, an applicant/agent is allowed to appeal to the higher court, such as the Patent Court or the Supreme Court.
Some types of Appeals and Trial
1. Trial Against Ruling of Refusal or Revocation (Ex Parte Case)
When a person has received an examiner's decision of rejection or revocation, that person may demand an appeal within 30 days from the date of receipt of the certified copy of the examiner's decision.
2. Invalidation Trial (Inter Parte Case)
Due to a mistake of an examiner or appeal examiners, some patents which should not have been granted may exist. In such cases, an interested party or an examiner may demand a trial to invalidate the patent, and for a patent containing two or more claims a demand for an invalidation trial may be made for each claim.
3. Trial to Confirm the Scope of an IP Right (Inter Parte Case)
A patentee or an interested person may demand a trial to confirm the scope of a patent right. When a trial is demanded to confirm the scope of a patent right, the confirmation shall apply to each claim if the patent contains two or more claims.
If there is your IP registered in Korea, such as a patent, but when you wonder that a third party uses it fraudulently or when you deem that a third party infringes it, please contact our office. Our office, on behalf of you, will investigate whether the third party infringes or not. If it is deemed infringement, we will file a Trial to Confirm the Scope of an IP Right and win in civil and criminal litigations against the infringer.
One day, your business is doing well in Korea, if you received a warning letter on a patent infringement or if you were sued on a patent infringement, you might be panic. In this case, please contact our office. We first appraise whether your product infringes the patent(s) written in the warning letter/petition of infringement or not.
In result, if there is any possibility to infringe it, as one of countermeasures, it is suggested to nullify the patent which is a cause of the warning letter/petition of infringement, otherwise, it will be informed how to respond wisely. Though the patent is granted, as important grounds for invalidation, similar prior arts can be found. Thus, because the prior art search is necessary to find such invalidity grounds, we will provide the best service for finding them through our search experience. In addition, we will assure our professional career for invalidating or canceling the IP which has been an obstacle of your business through the invalidation trial and the like by using the results of the prior art search.