Types of Trials (Patent, Utility Model, Design & Trademark)
There are two types of trials : ex parte cases and inter partes cases :
In inter partes cases, a petitioner and a defendant make their own arguments over a granted right to settle a dispute.
Trial for invalidation of a granted right,
Trial to Invalidate registration for extension of a patent,
Trial to invalidate registration for renewal of term of a trademark right,
Trial to invalidate registration of the conversion of the classification of goods,
Trial to invalidate corrections,
Trial to confirm the scope of a right,
Trial to revoke trademark registration, etc.
Ex parte cases are an appeal against examiners’ decision that is not a structure in which the parties are in conflict, but that involves only a petitioner (applicant). A trial examiner judges whether the claimed case is right or wrong.
Appeal against a decision to reject an application;
Appeal against a decision to revoke a granted right;
Appeal against a decision to dismiss an amendment; and
Trial for corrections, etc.
When a dispute arises, such as infringement lawsuits or criminal complaint related to patent rights, etc., it is difficult for the court or prosecution to determine the technical contents or scope of rights. Therefore, it may be helpful for right holders to file a trial to confirm the scope of a right with the Korean Intellectual Property Trial and Appeal Board (IPTAB) which is a specialized administrative law body, regarding the infringer's working technology, etc., and then submit the trial results to the court or prosecution.
On the other hand, if a defendant finds grounds for invalidity by investigating defects in patent rights, etc., he or she may request an invalidation trial for the patent, etc. to the IPTAB, or request a trial to confirm the scope of a right. Then, it is advisable to proactively respond by submitting the trial results to the court or prosecution.