The Korean Intellectual Property Trial and Appeal Board (IPTAB) has implemented significant revisions to its priority and expedited trial processes, aimed at reducing the duration of patent trial cases. In general, patent trials (“ordinary trials”) are conducted in the order in which they are filed. Cases requiring priority handling may be processed ahead of ordinary trials under priority trials, while cases considered highly urgent may be processed even faster under expedited trials. Following the revision of the “Regulations on Trial Procedures,” effective July 21, 2025, the IPTAB has refined the criteria for priority and expedited trials. This revision reorganizes the eligibility requirements for these faster trial tracks, as summarized below:
For appeals against Final Rejections for applications in advanced technologies, such as semiconductors, that are subject to priority examination, priority trials were previously granted ex officio by the trial judge. Under the revised rules, priority trials are now granted at the request of the appellant, allowing their intent to play a more active role in the trial procedure.
Similarly, cases investigated by the Korea Trade Commission for unfair trade practices required a party’s request for an expedited trial. Under the revised rules, an expedited trial may now be granted either at the request of a party or ex officio by the trial judge. This change is intended to facilitate the procedure of cases involving the Korea Trade Commission, reflecting the growing significance of such matters.
In addition, for appeals against Final Rejections where the later of 3.5 years from the filing date or 2.5 years from the date of the request for examination has passed, expedited trials were previously granted ex officio by the trial judge. Under the revised rules, the appellants may now request expedited trials in such cases.
These revisions are expected to make the priority and expedited trials operate more flexibly and efficiently. By allowing the appellant’s intentions to be more actively reflected and by strengthening the expedition of the trial procedures of cases involving advanced technology and Korea Trade Commission-related matters, the predictability and speed of the patent trial procedures are expected to improve significantly.
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