[Patent and Design Registration]

More Efficient and Faster Patent and Design Registration! - Improvements to KIPO Trial Procedures in 2025

Beginning in January 2025, the Korean Intellectual Property Trial and Appeal Board (KIPTAB) has decided to allow a trial examiner to directly issue a registration decision (i.e., a decision to grant) in a trial against a refusal of a patent or a design, provided that the registration decision is deemed appropriate, and no additional issues remain.

1. Background

This procedure was introduced to reduce the workload of examiners, who were previously required to report to higher officials before issuing registration decisions after a remand. By alleviating this burden, the new process aims to address delays in patent examination and support applicants in securing their rights more quickly.

2. Key Changes

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3. Cases Where Trial Examiners Can Directly Issue Registration Decisions

• When the grounds for refusal are deemed invalid and remanding the case back to the examiner would result in administrative inefficiency.

(For instance, when an examiner incorrectly applies the law leading to a refusal decision, and the trial stage rectifies the issue, allowing registration without additional examination.)

4. Main Reason for Remanding Cases to Examiners

• When unresolved issues or newly identified grounds for refusal arise during the trial process, necessitating further examination.

Applicants will benefit from this improved procedure without the need for additional applications or fees. These enhancements are expected to significantly improve the patent and design registration process in terms of speed and efficiency.