The Ministry of Intellectual Property ("MOIP," formerly KIPO) has introduced two procedural additions relative to patent examination and trial proceedings. Applicants may now request joint examination by a panel of three examiners during patent prosecution, while parties may participate online in oral hearings during trials held before the Intellectual Property Trial and Appeal Board ("IPTAB"), as further elaborated below.
▶ Collaborative Examination by Three Examiners
Under the previous practice, collaborative panel examination was conducted when the Examiner in charge determined that input from other examiners was necessary, in case of, e.g., applications involving newly emerging technologies. Effective August 21, 2026, the program has been expanded to allow an applicant that has received a Notice of Preliminary Rejection to request joint examination by a panel of three examiners, including the Examiner in charge.
The applicant-requested procedure operates in the context of the existing Examiner Interview, through which an applicant may obtain comments on a proposed amendment before filing a formal amendment and accompanying remarks. When requesting an Examiner Interview, the applicant may opt for the three-examiner review and state the reasons therefor. If the applicable requirements are met, including a determination that collaborative examination is warranted, the Examiner in charge will form a three-examiner panel to review the proposed amendment before the interview. The panel's review then provides the basis for a joint interview, after which the applicant may file an amendment and accompanying remarks in light of the discussion.
During the 2026 pilot period, requests for three-examiner collaborative examination are limited to 500 cases in total, and an applicant may file no more than five such requests.
▶ Online Participation in Oral Hearings
Under the previous practice, a party wishing to attend an oral hearing had to appear in person either at the IPTAB hearing room in Daejeon or at a designated remote-video facility in Seoul.
Beginning on July 1, 2026, parties may participate in oral hearings from a location of their choice, using a government-authorized, internet-based videoconferencing system. They may therefore present their arguments without having to appear in person at an IPTAB hearing room or designated remote-video facility. In particular, parties residing outside Korea, who previously faced difficulty attending oral hearings, may now participate online from abroad.
A party may select the online format when requesting an oral hearing. A party that has already received a notice designating the hearing date may also switch to the online format by filing a request to change the participation format.
Because the confidentiality of proceedings may be difficult to be secured at an office, home, or other remote location, online participation is available only for oral hearings open to the public. Oral hearings not open to the public will continue to require in-person attendance either at the IPTAB hearing room in Daejeon or at a designated remote-video facility in Seoul.