The Korean Intellectual Property Office (“KIPO”) recently released its statistics on all intellectual property (“IP”) applications filed, examined and tried in 2024. The notable figures thereof are summarized below.

IP Application Filings

The total number of IP applications filed with the KIPO in 2024 was 560,629, an increase of 0.7% from 2023.

 <Number of IP Applications Filed in 2024>

For patents, about 79.5% of the applications were filed by Korean applicants, while 20.5% were filed by foreign entities. The top seven foreign nationalities among the foreign applications, together their respective number of applications filed, were: the United States (15,576), Japan (13,861), China (5,652), Germany (3,650), Switzerland (1,639), France (1,475) and the United Kingdom (1,318).

Patent Applications Examined

In total, 199,407 requests for substantive patent examination were made in 2024, and the KIPO issued 186,382 preliminary rejections and 39,761 final rejections, while allowing 122,382 applications during the same period. The allowance rate of patent cases was 74.6%.

The allowance rate had been steadily increasing from 60.0% in 2016 and peaked at 74.3% in 2022, before a slight decrease to 72.9% in 2023. The rise to 74.6% in 2024 marked a return from the 2023 aberration to the general upward trend observed over the past nine (9) years.

<Allowance Rate of Patent Applications from 2016 to 2024>

The average period between the filing of a request for examination and the issuance of a first Office Action (preliminary rejection or allowance) was around 16.1 months in 2024. Examination speed has declined in recent years, with the turnaround time being approximately 10.8 months in 2019, prior to the pandemic.

Patent Trials

The total number of patent trial petitions brought before the Board of Trials in 2024 was 2,291, a decrease of 27.5% from 2023. Among the petitions, 1,499 (65.4%) were lodged by domestic entities and 792 (35.6%) by foreign parties; with 626 (27.3%) being inter partes cases and 1,665 (72.7%) being ex parte cases.

1,380 trial petitions were appeals against the examiner’s final rejections and a total of 1,558 appeal cases were reviewed by the Trial Board. Among the cases reviewed, 438 patent applications were either allowed at the Board’s discretion or remanded to the Examination Bureau for re-examination. The success rate of appeal in 2024 (28.1%) increased slightly from 2023 (27.1%).

With regard to ex parte patent revocation procedures, 161 cancellation petitions were submitted to the Trial Board. Among the 163 decisions rendered by the Board in 2024, 38 cases (23.3%) resulted in the revocation of the patent, whereas 125 (76.7%) patents were maintained.

As for inter partes patent invalidation trials, 365 requests for nullification were filed, with 327 decisions heard by the Board. 173 cases (52.9%) were decided in favor of the petitioners, while 127 petitions (38.8%) were either rejected or dismissed. The remaining 27 were withdrawn.

Appeal Cases before the Court

6,551 IP trial decisions were rendered by the Board of Trials in 2024, of which 620 cases (9.5%) were appealed to the Intellectual Property High Court. As for patent trials, 385 cases (13.1%) were appealed against out of 2,939 trial decisions.

The IP High Court reviewed 525 appeal cases during 2024, ruling 134 (25.5%) cases in favor of the plaintiffs and 296 (56.4%) cases in favor of the defendants. The remaining 95 were withdrawn. The average duration from the filing an appeal to the rendering of a decision by the IP High Court was around 8.6 months.

The Supreme Court reviewed 137 cases appealed from the IP High Court, ruling 8 (5.8%) cases in favor of the appellants and 118 (86.1%) in favor of the respondents, while the remaining 11 were withdrawn.

Remarks

The number of patent application filings and the allowance rate have been steadily increasing in Korea. This positive trend highlights the favorable conditions for innovation and enforcement of IP in the country.

Given that the success rate of appeals stands at 28.1%, patent applicants may actively consider lodging an appeal with the Trial Board if they encounter difficulties during patent prosecution with the Examination Bureau.

Regarding examination speed, the KIPO recently announced plans to expedite procedures in 2025, which have slowed in recent years. The first of these efforts will be to reduce the average time taken for first Office Actions by one month – from 16.1 months in 2024 to 15.1 months.