The Korean Intellectual Property Office (KIPO) recently released its statistics on IP applications (i.e., patent, utility model, design, and trademark applications) filed, examined or tried in 2022. The notable figures thereof are summarized below.

▶Number of Filings in 2022

The total number of IP applications filed with the KIPO in 2022 was 556,436, a decrease of 6.1% from 2021.

<Number of IP applications filed in 2022> 

For patents, about 77.3% of the applications were filed by Korean applicants while 22.7% were filed by foreign entities, with the top seven foreign nationalities being: United States (17,678), Japan (13,860), China (6,320), Germany (3,703), France (1,688), Switzerland (1,633) and United Kingdom (1,447).

In 2022, the top five Korean patent filers were Samsung Electronics (11,417, ▲15.8%), LG Electronics (4,722, ▲17.8%), LG Energy Solution (3,384, ▲29.9%), Samsung Display (3,145, ▲21.0%) and Hyundai Motor Company (2,984, ▲0.3%); the top five foreign patent applicants were Qualcomm (857, ▲99.3%), Tokyo Electron (TEL) (707, ▲2.9%), Applied Materials (683, ▲9.6%), Japan Semiconductor Energy Laboratory (SEL) (608, ▼5.6%) and Huawei (594, ▼1.2%).

▶Patent Applications Examined in 2022

In total, 202,508 requests for substantive patent examination were made in 2022, and the KIPO issued 155,927 preliminary rejections and 41,538 final rejections, while allowing 125,619 applications during the same period. The allowance rate of patent cases was 74.3%.

It is noteworthy that the allowance rate has increased consistently for six (6) consecutive years, rising from 60.0% in 2016 to 74.3% in 2022.

▶Number of Patent Trial Cases in 2022

The total number of trial petitions brought before the Board of Trials in 2022 was 2,521, a decrease of 24.8% from 2021 (3,353). Among the petitions, 1,633 were lodged by domestic entities and 888 by foreign parties; with 674 being inter partes cases and 1,847 being ex parte cases. 1,589 cases were appeals from the examiner’s final rejections.

In 2022, 2,036 trial cases appealed from the examiner’s final rejections were reviewed by the Board, of which 2 cases were allowed through mandatory reexamination by the original examiner and 620 cases were allowed or remanded to the Examination Bureau for reexamination after review.

With regard to cancellation petitions, 149 ex parte cancellation petitions were submitted to the Board in 2022. Of the 140 decisions rendered by the Board in 2022, 47 cases were cancelled.

As for patent invalidation trials, the Board decided in favor of petitioners for 217 cases, while rejecting or dismissing 116 petitions.

▶Number of Ex Parte Appeal Cases Reviewed by Intellectual Property High Court and Supreme Court in 2022

Among the 1,450 appealable decisions for ex parte patent trial cases rendered by the Board of Trials in 2022, 94 cases (6.5%) were appealed before the Intellectual Property High Court.

The Intellectual Property High Court reviewed 102 ex parte appeal cases during 2022, ruling 15 cases in favor of the plaintiffs (the applicants or patentees) and 73 cases in favor of the KIPO Commissioner. The average amount of time from the date of filing an appeal until the rendering of a decision thereon by the Intellectual Property High Court was around 8.9 months.

The Supreme Court also reviewed 22 ex parte cases appealed from the Intellectual Property High Court by the applicants or patentees, ruling 3 cases in favor of the appellants (the applicants or patentees) and 19 cases in favor of the KIPO Commissioner.