An International Guide to
Patent Case Management for Judges

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8.8.2 Supreme Court

A decision by the appellate court may be appealed to the Supreme Court (the highest court in the Republic of Korea). The Supreme Court generally only hears cases dealing with legal issues of material importance, such as legal issues of first impression. Otherwise, the appeal will be summarily dismissed without a review of the merits of the case, typically within four months from the date of transfer of litigation records to the Supreme Court.

If the case is accepted for substantive review, the Supreme Court will decide the case in view of the evidence presented to the lower courts and will typically render a decision within one to two years from the date of appeal. These appeals are usually handled by a panel of four justices. However, the Supreme Court may choose to review the appeal en banc when the usual four-justice panel seems insufficient, such as when there is a need to overrule precedents.