Korea: IP Tribunal to accelerate invalidation trials in case of "patent piracy"

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According to a press release, KIPO's Intellectual Property Tribunal (IPT) is going to extend the scope of trials which qualify for the "super accelerated" trial system. For trial proceedings falling under this system, a final decision is taken usually within 4 months compared to more than 10 months for "regular" trials.

From now on, this system will also be available for invalidation trials against patents granted to a person who was not entitled to obtain the patent right, i.e. a person who was not the inventor or the legal successor of the inventor.

According to the Korean Patent Act, the person who would be the lawful holder of the patent right may file an invalidation trial against this patent and afterwards file an application which is deemed to have been filed on the application day of the invalidated patent.

The super-accelerated trial system was introduced in 2010. Apart from the above-mentioned cases, it also covers trials to confirm the scope of a patent right in case of infringement litigations and cases related to green technology.

For more information, please refer to KIPO News of 6 February 2013 (in Korean only). For a general overview on super-accelerated trials, see KIPO's Annual report, available for download in English on KIPO's website.

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