South Korea

The Korean Intellectual Property Office (KIPO) is also a core member of the IP5. The South Korean patent system offers invention patents with a 20-year term and utility models with a 10-year term. It is crucial to highlight that, unlike the unexamined registration systems for utility models in countries like Germany, China, and Japan, South Korea underwent a historic legislative shift and, since 2006, fully reinstated substantive examination for utility models. This means that in South Korea, both invention patents and utility models must undergo rigorous examination for novelty, inventive step, and industrial applicability before grant. While the inventive step threshold for a utility model is slightly lower than that of an invention, this mandatory examination drastically enhances the legal stability of the granted rights.

KIPO's prosecution process is highly digitized and exceptionally efficient. Applicants must request examination within three years, and KIPO offers world-leading "accelerated examination" tracks, making it possible to obtain high-quality examination results within mere months. Regarding patentability, South Korea similarly requires computer-related inventions to be integrated with hardware; pure business methods or abstract algorithms are ineligible. Furthermore, South Korea provides a one-year statutory grace period for novelty, with application conditions that are generally more relaxed and applicant-friendly than those in Japan.

In its litigation and judicial framework, South Korea operates on a foundational bifurcation system akin to Germany, yet fused with its own distinct characteristics. Invalidation actions fall under the exclusive jurisdiction of the Intellectual Property Trial and Appeal Board (IPTAB) within KIPO. However, in infringement litigation, similar to Japanese practice, the Korean Supreme Court recognizes the "abuse of right defense," allowing infringement courts to dismiss a plaintiff's claims if the asserted patent clearly harbors grounds for invalidation. Judicially, South Korea established a specialized Patent Court, an appellate-level court that holds centralized jurisdiction over appeals from IPTAB decisions as well as appeals from first-instance infringement trials nationwide. This centralized adjudication mechanism significantly bolsters the professionalism and efficiency of patent enforcement, positioning South Korea as a highly favored hub for IP dispute resolution in Asia.