The KIPO recently released their statistics on IP applications (i.e., patent, utility model, design, and trademark applications) filed, examined or tried in 2021. The notable figures thereof are summarized below.

▶Number of Filings in 2021

A total number of 592,615 IP applications were filed with the KIPO in 2021, an increase of 6.3% over 2020.

      <Number of IP applications filed in 2021>

For patents, around 84% of the applications were filed by Korean applicants; the remainder filed by foreign entities, with the top five filing countries being: United States (15,512), Japan (14,165), China (6,294), Germany (3,738) and France (1,628).

In 2021, the top five Korean patent filers were Samsung Electronics (9,857), LG Electronics (4,008), Hyundai Motor Company (2,975), LG Energy Solution (2,605) and Samsung Display (2,600); and the top five foreign patent filers were Tokyo Electron (TEL) (687), Japan Semiconductor Energy Laboratory (SEL) (644), Applied Materials (623), Huawei (601) and TSMC (546).

▶Patent Applications Examined in 2021

In total, 233,055 requests for substantive patent examination were made in 2021, and the KIPO issued 164,312 preliminary rejections and 46,074 final rejections, while allowing 134,388 applications over the same period. The allowance rate of patent cases was 74.0%.

Over the past 6 years, the allowance rate has steadily increased, from 60.0% in 2016 to 74.0% in 2021.

▶Number of Patent Trial Cases in 2021

3,353 trial petitions were brought before the Board of Trials in 2021. Among them, 2,119 petitions were lodged by domestic entities and 1,234 by foreign parties; and 853 were for inter partes cases and 2,500 were ex parte cases.

While 2,196 cases with final rejections were appealed to the Board of Trials in 2021, the Board handled a total of 2,495 cases. 12 of the cases were allowed through mandatory reexamination by the original Examiner and 870 cases were allowed or remanded to the Examination Bureau for reexamination pursuant to the decisions rendered by the Board.

154 ex parte cancellation trial petitions were submitted to the Board in 2021. Among 151 cancellation trial decisions rendered by the Board in 2021, 42 cases were cancelled.

As for patent invalidation trials, the Board rendered decisions in favor of petitioners for 195 cases, while rejecting or dismissing the petitions for 178 cases (invalidation ratio: around 52.3%).

▶Number of Ex Parte Appeal Cases Reviewed by the Patent Court in 2021

Among the 1,660 ex parte trial cases dismissed by the Board of Trials in 2021, 103 cases (6.2%) were appealed before the Patent Court.

The Patent Court handled 97 ex parte appeal cases during 2021, ruling 15 cases in favor of the plaintiffs (the applicants or patentees) and 69 cases in favor of the defendant (the KIPO Commissioner). The average amount of time from the date of filing an appeal until the rendering of a decision thereon by the Patent Court was around eight (8) months.