The Supreme Court is considering reducing procedures for the patent trial system so that it can resolve patent disputes quicker, industry sources said Monday.

Currently, an applicant or an agent for a patent trial has to receive an administrative ruling from the Intellectual Property Trial and Appeal Board under the Korean Intellectual Property Office, before appealing to higher courts -- the Patent Court and the Supreme Court.


However, the highest court is considering abolishing the administrative procedure, as concerns have risen that the current system may be unconstitutional for “people’s rights to trial,” according to local news reports quoting unnamed sources.

A change in the current patent trial system is likely to affect patent attorneys who benefit largely from the patent trial business, while lawyers are seeking to enlarge their share in the local patent market.

“The current system ensures impartiality of rulings by respecting the administrative expertise of the trial and the appeal board. Abolishing it will also cost more for general individuals’ patent trials,” Oh Kyu-whan, president of the Korea Patent Attorneys Association, told The Korea Herald.

On the other hand, Seoul Bar Association President Kim Han-kyu welcomed the Supreme Court’s review, saying the current patent trial system could be viewed as unconstitutional in terms of individual rights to trial.

By Kim Yoon-mi (yoonmi@heraldcorp.com)