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 Home > Characteristics of the Patent Litigation Procedure |
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As described in the foregoing, the Patent Court has technical examiners to assist judges in highly technical matters. They have degrees in various fields of natural science and technology and have worked for KIPO or
relavant institutions for a long time. They provide consultation throughout the trial on patent, utility model and design cases and, if deemed necessary by the court, participate in the hearing to examine the parties and/or witnesses. Furthermore, they may give opinions on the scientific aspects of a case in the decision handed down by the court.
When participating in the hearing, technical examiners sit on the left side of the bench but do not wear robes. Technical examiners contribute significantly in rendering a decision which harmonizes the legal aspects of patent law with the peculiarities of science and technology.
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Unlike design or trademark disputes which are deemed rather crude in their technical nature, patent and utility model litigations normally go through a series of preliminary hearings. They are conducted by the
presiding judge or a judge who is a member of a three-judge panel and commissioned to that effect by the panel. During the preliminary hearings, parties are required to submit claims and evidence and explain scientific aspects of the case in detail, using real objects or models if appropriate.
This allows a more thorough and in-depth understanding of the case. At the hearing, parties summarize the results of the preliminary hearings before the bench, and then make arguments and submit documentary evidence or examine witnesses if they failed to do so during the preliminary hearings. The hearing will be closed promptly thereafter. |
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| In addition to lawyers, Patent attorneys are also permitted to represent parties in the proceedings of the Patent Court, in accordance with Article 8 of the Patent Attorneys Act.
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| To understand precisely the technical aspects of patent or utility model related disputes, the Patent Court may hold explanatory sessions where parties or relevant experts can make presentations using drawings, real objects, models, computer graphics or video devices. These are used to support technological and scientific aspects of their arguments.
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| The Patent Court reviews rulings or decisions made by the trial board of KIPO. A plaintiff's claim seeking annulment of the ruling or decision is dismissed therefore if it is found lacking any merit. Conversely a ruling or decision would be declared void should the plaintiff successfully establish his or her case. Should the Patent Court's judgement annul the ruling or decision of the trial board, the case would be returned to the trial board. As the trial board is bound by Patent Court's decision regarding invalidation, the trial board's new ruling or decision at issue cannot be in disagreement with the grounds cited by the Patent Court's judgement. |
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