Trial / Litigation
 
¡ßWe offer the following kinds of Trial

  -
Trial against a decision of refusal (final rejection) for a patent application, a design application or a trademark application

Where any applicant is dissatisfied with a decision of refusal, he/she may make a request for trial within 30 days from the date of receipt of a certified copy of the decision of refusal. Regarding patent and utility model cases, if an amendment was made within 30 days from the request of a trial, the examiner will have to reexamine prior to trial.

  - Trial for correction (only for Patent / Utility model)

Any patentee may request a trial for correction regarding the specifications or drawings of a patented invention if he/she wants to amend a specification or drawing after the registration of patent right.

  - Trial on Decision of Rejection for Correction (only for Trademark / Design)

Where any applicant on whom a decision of dismissal for correction is dissatisfied with the decision, he/she may make a request for trial within 30 days from the date of receipt of the certified copy of the decision.

  - Invalidation Trial of Registration for Extension of Term of Patent right

In the case that a registration for an extension of term of a patent right, which does not meet the requirements, was registered, an interested person or an examiner may request an invalidation trial on the Extension of Term of Patent Right.

  - Trial for invalidation of Correction (only for patent / Utility model)

If the correction of the specification or drawings of a patented invention is in contravention of the provisions of the Patent Law, an interested person or an examiner may request a trial for the invalidation of the correction.

  - Trial to Confirm Scope of Right

In order to confirm the protection scope of a right, the owner of a right or an interested person may request a trial to confirm the scope of the right. Generally the owner of a right requests this trial when he wishes to confirm that his right has been infringed or an when interested party wishes to know whether he has infringed the right.

  - Trial for Granting Non-Exclusive License (only for Patent / Utility model / Design)

If a patentee or exclusive/non-exclusive license holder desires permission to exercise the right, and the other party concerned refuses to grant permission without justifiable reasons or it is not possible to obtain such permission, the said patentee or exclusive/non-exclusive license holder may request a trial granting a non-exclusive license having the scope necessary to work the patented invention.
 


¡ß We offer the following kinds of Litigation


    - Action on a decision

An action against a trial decision or dismissal of a request for a trial or retrial may be brought within thirty days from the date of receipt of certified copy of the trial decision or ruling. A plaintiff should bring this action before the Patent Court.

  - Provisional disposition




  - Suit for provisional disposition of a Patent / Trademark right

A patentee or owner of trademark may request a suit for provisional disposition before a district court in order to suspend the infringement of a patent or trademark right before he can get a decision from the court.