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IP Disputes & Trials (IPTAB)
We support IPTAB trials and appeals across patents, trademarks, and designs—strategic validity attacks/defense, scope confirmation, correction strategy, evidence coordination, and seamless court-appeal handoff with clear English reporting.
1. Overview
The Intellectual Property Trial and Appeal Board (IPTAB) is Korea’s specialized tribunal that hears (i) ex parte appeals against KIPO examiner decisions and (ii) inter partes trials involving patents, utility models, designs, and trademarks.
IPTAB decisions are subject to judicial review before Korea’s specialized IP appellate court (often referred to as the Intellectual Property High Court), with further appeal to the Supreme Court.
▲ TOP2. Representative IPTAB Case Types
1) Appeal Against Examiner Decisions (Ex Parte)
Used to challenge adverse examination outcomes (e.g., refusal decisions) and other examiner dispositions under the relevant IP statutes.
2) Invalidation Trial (Inter Partes)
A primary mechanism to attack the validity of granted/registered rights (patents, designs, trademarks). A successful invalidation can extinguish the right (in whole or in part) and is frequently central to Korean enforcement strategy.
3) Trial to Confirm the Scope of a Right (Inter Partes)
A specialized proceeding to determine whether a specific product/process falls within the scope of protection of a granted right—often used proactively (aggressive) or defensively in parallel with infringement disputes.
4) Patent Cancellation Petition (Post-Grant, Limited Window)
Korea operates a post-grant patent cancellation mechanism allowing challenges within a defined window after registration publication. This route is generally more limited than full invalidation (e.g., grounds and timing constraints).
5) Trial for Correction (Patents/Utility Models)
A procedure to correct claims/specification within legal limits (often used to strengthen validity and align claim scope during disputes).
6) Trademark Cancellation / Revocation-Type Proceedings
Korean trademark disputes commonly include cancellation-type actions (including non-use related disputes) handled within the broader IPTAB trial framework for trademark rights.
Practice note for foreign counsel: In Korea, “validity-side” actions (invalidation/cancellation/scope confirmation) are often decisive leverage points and can be run strategically alongside civil infringement litigation.
3. Procedure
A. Prosecution Appeal Path (Ex Parte)
Examiner Decision (Refusal / Disposition) → Appeal to IPTAB → IPTAB Decision → Judicial Review at Intellectual Property High Court (complaint) → Supreme Court (final appeal)
B. Post-Grant Dispute Path (Inter Partes)
Granted/Registered Right (Patent/Design/Trademark) → IPTAB Trial (Invalidation / Scope Confirmation / Cancellation / Correction, as applicable) → IPTAB Decision → Intellectual Property High Court → Supreme Court
4. FAQ
- 1) What types of disputes does IPTAB handle?
IPTAB hears ex parte appeals against examiner decisions and inter partes trials involving patents, utility models, designs, and trademarks (e.g., invalidation and scope confirmation). - 2) Where do IPTAB decisions go on appeal?
Judicial review is filed with Korea’s specialized IP appellate court (commonly referred to as the Intellectual Property High Court) within 30 days from receipt of the IPTAB decision/order; a further appeal may be made to the Supreme Court. - 3) Is there a fast way to challenge a newly granted patent in Korea?
Korea provides a post-grant patent cancellation procedure within a limited window after registration publication, with constraints on timing and grounds compared to full invalidation.