Source: KIPO
Date: 2010. 4. 15

- IPT will expand the scope of fast trial and give notice of expected trial conclusion dates for all cases-

Fast trial, a new trial system designed for cases that require swift results based on the three tracks of fast, preferential and regular trials, implemented in January of 2009 and garnered considerable attention. 

Under this system, a petitioner who requests a fast trial can have an oral hearing within a month of the deadline for submitting a written reply. A decision will then be made within two months of the start of the oral hearing. That means the applicant will receive a written decision within four months of requesting the fast trial. One the other hand, the trial period under old system was six months for a preferential trial and nine months for a regular trial.
 
But fast trial is limited to cases where both disputing parties requested fast trial, trials to confirm the scope of rights (regarding infringement lawsuit), or trials against a decision of refusal for patent registration of a green technology (where applications are examined under accelerated examination system). As a result, some people raised a question that needs to expand the categories eligible for fast trial. 

In recognition of this necessity, the Korean Intellectual Property Tribunal (IPT) also included trials for correction giving the significant impact of judgments on rulings made by the patent court to be processed under the fast trial track. 

In accordance with the policy, if an application for correction is submitted to the IPT requesting fast trial during the period of a cancellation trial at the patent court against a patent invalidation decision, it will take only four months to receive a written decision from the IPT. 

In addition, IPT will inform claimants of all cases of the dates when the tribunal is expected to conclude their cases. 

Before this change, notice was only made for cases exceeding six months from the date of tribunal application. Cases not exceeding that period were closed without notice of an expected trial conclusion date. This limited the opportunity for related parties to adequately present their opinions to a panel of judges. But the problem will be resolved through notification of the expected conclusion date by IPT in all cases. 

The changes will contribute in a timely manner to resolve patent disputes and enhance convenience for customers.