1. KIPO launched a bio patent dedicated organization … fully operating a ‘patent fast track'.
- A fast patent examination is to advance South Korea to be one of the ‘top five bio powerful countries.’
- When a preferential examination is requested, the examination will be processed within 2 months, thereby supporting Korean companies to rapidly secure their patent rights.
With an organization in charge of a patent examination in the bio field having been launched in earnest, the ‘patent fast track’ in this field has been fully operational. Since the applicants including companies, etc. are able to receive the patent examination results within 2 months, they are expected to have global competitiveness by rapidly securing patent rights.
To positively support the bio field which the Korean government has suggested as a ‘new source of growth’, KIPO launched the organization in charge of examination in the bio field by newly establishing 4 divisions and reorganizing 1 division. This organization with a total 5 divisions and 120 examiners enables professional examination of the entire field of the bio industrial ecosystem.
In the bio field as the national advanced strategic industry and South Korea’s future key growth engine, its global market is expected to reach approximately 3.3 trillion dollars. While the research and development (R&D) takes a lot of time and money, the bio field has the characteristics in that productization, profit generation and long-term market dominance are possible with a handful of excellent patents. Therefore, the bio field is a field where companies for preemptive and strategic patent acquisition have high demand for rapid examination services. The number of patent applications in the Korean bio field (biotechnology and healthcare) over the last 5 years rapidly increased by an annual average of 8.2%, which was about 3.5 times of the growth rate (2.3%) of the total of patent applications.
In response to this, KIPO hired 35 private experts in the bio field as patent examiners in February 2025 and designated the applications in the bio field as the subjects of preferential examination. In addition, the new establishment of the organization in charge of examination in the bio field has enabled the support of stable patent securing which will bring high added value to Korean companies’ innovative technologies.
The newly established divisions are the ‘bioscience technology examination division’, ‘biological diagnostics & analysis examination division’, ‘biopharmaceuticals examination division’ (hereinafter, referred to as the biotechnology field), ‘healthcare technology examination division’ and ‘healthcare data examination division’ (hereinafter, referred to as the healthcare field). These divisions are evaluated as having an examination organization system tailored to the entire process of the bio-industry ecosystem and enabling more efficient and consistent patent examination.
Further, the 35 newly hired examiners and the 85 examiners in the bio field, who were scattered throughout the other examination bureaus, have been focused on the organization in charge of examination in the bio field. Uniting the examination capabilities of a total of 120 examiners in the bio field is expected to increase the examination quality through a consultation examination and to shorten the examination processing period requiring 18.9 months at present to 2 months if a preferential examination is applied.
2. KIPO and industry-academia-research institute filing multiple applications in overseas countries held a meeting to activate filing overseas applications.
- The people and the government put their heads together to preempt patents.
- The meeting was arranged to discuss ways to promote the utilization of the Patent Prosecution Highway (PPH-PCT) and directions to improve the patent acts and systems.
On March 5, 2025, KIPO and Korean companies and research institutes which have been in process of actively filing overseas applications had an IP policy meeting for activation of overseas applications.
In this meeting, those in charge of intellectual property (IP) in the major Korean companies (including Samsung Electronics, LG Electronics, Hyundai Motor, and LG Chem, etc.), Innovation Business (Inno-Biz) small and medium and venture companies (such as MarkinaRocks and ActionPower, etc.), and academia and research institutes (such as KAIST, Korea Institute of Geoscience and Mineral Resources, etc.) discussed in depth ways to promote overseas applications.
KIPO shared the recent situation of the international patent examination cooperation, such as patent prosecution highway (PPH), international patent application (Patent Cooperation Treaty, PCT), the systems under which Korean companies are able to efficiently secure patents in foreign countries. Then, KIPO discussed ways to promote the utilization of these systems to preempt overseas patents and to improve the systems customized for Korean companies.
They discussed the preferential examination (February 19, 2025) which was greatly expanded to the overall carbon neutral technology, such as the next-generation nuclear power, renewable energy technology, etc., as well as the advanced technology fields, such as bio, AI, advanced robot, etc. They also exchanged views on relaxing the requirements to restore a patent right (from ‘a cause not imputable to oneself’ to ‘if it is not intentional) and extending the due date to submit an argument (from 2 months to 4 months).
In the meeting, they collected opinions on real problems experienced in the field and solutions from an expert’s perspective. The collected opinions will be positively used in finding patent policy for Korean companies to preempt overseas markets.
3. Korea Intellectual Property Trial and Appeal Board (IPTAB) providing public defenders to the socially or economically disadvantaged.
- The accumulated number of cases appointing public defenders in 2024 was 161.
- IPTAB settles in as a rights defender.
According to IPTAB of KIPO, the accumulated number of cases of public defenders in IP trials which have been operated to protect the rights and interests of socially or economically disadvantaged (since July 2019) recorded 161 (as of 2024), and IPTAB’s public defender system has been settled successfully.
IPTAB has operated the public defender system for IP trials which it appoints a public defender (patent attorney) to the parties to a trial without representation (socially or economically disadvantaged).
The majority of those using the IPTAB’s public defender system were held by small and medium companies (143 cases, 88.8%) carrying out economic activities rather than individuals (basic living security act recipient, disabled person, person of national merit, etc.).
By type of right, the trademark field has the highest proportion (100 cases, 62.1%), followed by the patent and utility model field (32, 19.9%) and the design field (29, 18.0%). By type of trial, the public defender system was widely used in a trial for confirmation of the scope of a right (67, 41.6%), a trial for invalidation (46, 28.6%) and a trial for cancellation of a trademark (41, 25.5%), whereas, the use in an appeal against rejection (6, 3.7%) was relatively low. Therefore, small and medium companies which have been challenged for their rights are considered to use the public defender system more for defensive purposes.
‘Women’s Invention Fair’ is an event to display and promote excellent products of women inventors or entrepreneurs. Especially, the Fair will also help to develop practical sales channels by supporting ‘Live commerce’ which sends participant companies broadcast sales live from the scene and ‘Business matching’ which invites planners from major distribution networks to provide consultations, etc.
The winning rate of the 120 cases appointing public defenders, which were closed by 2024, was 51.3% (excluding the cancelled cases, the cases of dismissing a public defender, and the cases resigning as a public defender), which was higher than the (defendant’s) winning rate, 22.8%, of parties without representatives (to the opposite parties with representative) and the demandant’s winning rate, 42.3%, of claimants. In the satisfaction survey conducted after the cases were closed, satisfaction was high (84.4 points), confirming that the users’ satisfaction regarding the IP trial public defender system was considerably high.
4. KIPO newly supports about 100 companies challenging exports with a diagnosis on the risk of dispute regarding their overseas IP and a comprehensive strategy to respond thereto.
- KIPO is to invest 25 billion Korea Won this year to spur the protection of overseas IP rights of Korean export companies.
- AI technology, etc. is used to promote the blocking of distribution of about 200,000 counterfeit products in online platforms around the world.
- KIPO has recruited companies to receive ‘2025 overseas IP protection support’ (starting March 4~) and held a business briefing session (March 5).
This year, KIPO plans to select about 100 companies challenging exports, to provide consultation on comprehensive strategies (such as advance diagnosis on the risk of a dispute relating to their overseas IP rights, etc.), and to use AI technology, etc. to block the world platform companies’ online distribution of counterfeit products.
According to KIPO, it will invest 25 billion Korea Won this year to consult on responses to IP-related disputes of the Korean export companies and to monitor overseas counterfeit products, etc. To this end, overseas business activities of Korean export companies in the IP field are expected to be actively supported, and the K-IP rights are expected to be effectively protected.
The major projects of KIPO to support overseas IP protection are as follows:
<① Project to strengthen the export-challenging companies’ capacities to respond to IP risks: Support is newly provided in diagnosing IP dispute risks and responding thereto.>
The project to strengthen the export-challenging companies’ capacities to respond to their IP risks is a new project in 2025, to provide about 100 companies pursuing overseas expansion with advance diagnosis on the risks of IP disputes which may occur when exporting and consultation on comprehensive strategies to eliminate the risks of disputes. Those that will receive the support are small and medium-sized companies and middle market companies with no or less than 100,000 dollars in export sales last year, and companies receiving support for export channels from the government, like the project of ‘export initiation supporting system on domestic small and medium size company’ by the Ministry of Trade, Industry and Energy.
<② Project to support in blocking the overseas online counterfeit product distribution: the POOL of specialized companies is to be expanded.>
The project to support in blocking the overseas online counterfeit product distribution is a plan to block the online distribution of about 200,000 counterfeit products by using the AI technology foundation. To this end, the POOL which is the company specialized in blocking counterfeit products will be expanded from existing 7 to 8 or more, to expand the selection of companies to be supported and to enhance the quality, such as raise of the blocking rate, etc.
<③ Project to support in providing responsive strategies to K-brand disputes: support is provided in linking small and medium-sized specialty malls.>
The project to support in providing the responsive strategies to the K-brand related disputes will be focused on the issues responding to Korean companies’ disputes, such as the distribution of counterfeit products and the unauthorized preoccupation (infringement) of trademarks, etc. in overseas countries. To protect small and medium companies’ brands entering small and medium specialty malls, the securing of essential rights is also supported up to 20 companies by specialty mall when they expand overseas, by linking the support programs of the Korean Ministry of SMEs and Startups.
<④ Project to support responsive strategies to patent disputes: Support is strengthened in the material/part/equipment field and the national strategic technology field.>
The project to support responsive strategies to patent disputes will be applied to about 250 companies this year. Especially, as for the material/part/equipment companies and the companies in the national strategic technology field, priority support is given by giving the maximum addition score (5 points) during the selection process. In addition, when the material/part/equipment companies are requested for patent warranty during the delivery process or when a patent dispute actually occurs and so they fulfill the patent warranty, support up to 100 million Korea Won is to be provided through expedited procedures (year-round, selecting within 2 weeks).
Further, an ‘overseas IP center project’ is to be carried forward to support in IP consultation and legal advice, etc. locally in 40 countries, through the overseas IP centers (IP-desk) located 10 places in 8 countries,
5. A patent dispute is rapidly settled by mediation.
- IPTAB of KIPO fully carries forward the activation of a trial-mediation linkage system.
According to IPTAB, the ‘trial-mediation linkage system’, which closes a trial through agreement between the parties in the patent trial stage, is to be fully activated.
Regarding a trial case that a chief judge decides that a solution through mediation is needed rather than a trial procedure, the trial-mediation linkage is a system to refer to a mediation procedure of the committee for mediation of disputes over industrial property rights with the consent of both parties.
During the process of inter partes trial cases, such as trial for invalidation, trial for confirmation the scope of a right, etc., if both parties agree, it is possible to request the trial-mediation linkage anytime. When the request for mediation is made, the procedure of the relevant trial case stops. When the mediation is established, it has the same effect as compromise by court, and when the mediation is not established, the relevant trial procedures resume.
The mediation linked to trial is assigned a separate case number, and a judge understanding the current state of the trial case directly participates as a mediation committee member, enabling rapid mediation progress.
To activate the trial-mediation linkage, IPTAB will positively guide the mediation system in the inter partes trial procedures and form a pool of judge(s) participating as a mediation committee member(s), to support the rapid progress of the trial-mediation linkage case.
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