Korean IP service for foreign counsel
Korean Patent Invalidation Trial before IPTAB
SODAM assists foreign associates and global clients with Korean patent invalidation trials before the Intellectual Property Trial and Appeal Board (IPTAB), including claim-by-claim validity analysis, prior art mapping, evidence review, and Korean trial submissions.
When This Service Is Needed
1. Review Point
A Korean patent is asserted, licensed, or identified as a commercial risk.
2. Review Point
Prior art, disclosure support, claim clarity, or other validity grounds should be reviewed under Korean practice.
3. Review Point
A Korean invalidation strategy must be coordinated with enforcement, negotiation, or foreign proceedings.
Key Issues We Review
- Claim construction and element-by-element prior art comparison.
- Selection and organization of invalidation grounds and supporting evidence.
- Consistency between IPTAB arguments and related infringement or foreign proceedings.
- Technical explanation that can be understood by Korean trial examiners.
Documents and Information to Send
- Korean patent publication or registration information, claims, specification, and drawings.
- Prior art references, translations, search reports, or foreign invalidity contentions if available.
- Product or process materials relevant to the commercial dispute.
- Foreign prosecution, opposition, invalidation, or litigation history where strategically relevant.
How SODAM Assists Foreign Counsel
- Prepare validity charts and technical issue lists for foreign counsel review.
- Develop Korean invalidation arguments based on the record and available evidence.
- Draft and file Korean trial submissions through qualified Korean representatives.
- Provide English reporting on procedural status, risk points, and next-step options.
Related Korean IP Services
FAQ
- Can a foreign company file a Korean patent invalidation trial?
- Yes. A foreign company may challenge the validity of a Korean patent through a qualified Korean representative, subject to the applicable procedural requirements.
- Is prior art analysis enough for invalidation?
- Prior art analysis is often central, but claim interpretation, evidentiary support, technical explanation, and procedural posture should also be reviewed.
- Can invalidation strategy be coordinated with litigation?
- Yes. Invalidation arguments should be coordinated with enforcement, non-infringement, settlement, and foreign proceedings where those issues are relevant.
Discuss a Korean IP Matter
Please send the relevant documents, procedural status, and the requested Korean IP work. SODAM will review the matter and respond with the appropriate next step.