US
USPTO Announces Return to In-Person Hearings for all Patent Trial and Appeal Board (PTAB) Hearings
(Overview)
Under the America Invents Act (AIA), parties to a trial and appellants in a patent appeal may request an oral hearing to present their arguments before the PTAB.
The Oral Hearing Guide, published on August 31, 2023, added an all-virtual hearing option for trials, allowing participating parties to present their oral arguments remotely. Accordingly, parties can choose their method of attending a hearing from the following options: ① appearing at a designated hearing location, ② appearing in person at a USPTO office, ③ appearing via video conference, or ④ appearing by phone. In addition, for non-confidential hearings, the PTAB allows the public to observe the hearing proceedings, and they can choose between ① attending in person at a designated hearing location or ② watching remotely via video conference.
(Key Points)
The key points of the announcement, effective September 1, 2025, are as follows:
·
In-person
attendance requirement – All parties involved in a PTAB proceeding must attend
the hearing in person unless there is a showing of good cause.
·
Good
cause – Parties may be granted an exception to attend a hearing remotely if
there is a showing of good cause, such as financial hardship, medical
emergency, or other similar obstacles to in-person attendance.
·
Individualized
remote attendance approval – The approval for one party to attend remotely does
not automatically constitute good cause for other parties to also attend
remotely.
·
Hearing
locations – Hearings will be held at one of the USPTO's offices, and parties
may request a specific USPTO office location.
·
Public
proceedings – The public, who are not parties, may attend hearings remotely as
before and must submit a request by email at least three business days before
the scheduled hearing date to attend either remotely or in person.
Link to the original text of the guide: https://www.ptab.info/PDFS/230800-G-ROHG.pdf
USPTO Headquarters (Alexandria, VA), Southwest Regional Outreach Office (Dallas), Rocky Mountain Regional Outreach Office (Denver), Elijah J. MaCoy Midwest Regional Outreach Office (Detroit), Western Regional Outreach Office (San Jose, CA) (Source: USPTO)
(Sources: https://www.uspto.gov/about-us/news-updates/uspto-returning-person-ptab-hearings )
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KR
KIPO Shortens Opposition Period Following Trademark Publication
On July 22, 2025, the Korean Intellectual Property Office (KIPO) announced that a revised Trademark Act, which shortens the opposition period, has gone into effect.
(Key Details)
KIPO stated that the revision is expected to speed up the process for applicants to obtain trademark rights by shortening the opposition period from two months to 30 days. KIPO also explained the trademark opposition system and the background for shortening the opposition period.
Overview of the Trademark Opposition System
▪The trademark registration process consists of: application, publication, and finally, a decision on registration after the opposition period.
· ▪The trademark opposition system allows anyone to file an opposition within the specified period from the publication date of a trademark application that a trademark examiner found no grounds to refuse. This system enables public participation in the examination process.
Background for Shortening the Opposition Period
▪As of June 2025, it took approximately 12.8 months to begin the examination of a domestic trademark application and 10.5 months for an international one. There have been requests to shorten the opposition period to allow for faster acquisition of rights.
· ▪Even though oppositions were filed for only about 1% of all published applications, the remaining 99% of trademark applications still had to wait for two months.
▪The revised Trademark Act applies to trademark applications published on or after July 22, 2025. It is expected that the registration decision for the majority of published trademarks will be expedited.
▪Even with the shortened opposition period, information about a trademark application is disclosed upon filing. This means third parties can still submit opinions on the applied-for trademark at any time through the Information Submission System.
▪Additionally, the period for amending the grounds for opposition has been extended to 30 days. This means the time available for third parties to submit their opinions will effectively remain at its previous level.
▪KIPO emphasized that it will continue to operate the trademark examination system in a balanced manner, ensuring sufficient opportunities for public examination while also reducing the processing time for examinations. They also highlighted that information about the new system will be provided in the decision notice for publication.
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