Changes to Korea’s Intellectual Property (IP) System in 2026

Korea Prioritizes IP: Elevating the Patent Office to Ministry Level in 2026

To enhance the efficiency of IP administration in the era of the Fourth Industrial Revolution—and to consolidate IP-related functions that had been dispersed across multiple ministries (the Ministry of Culture, Sports and Tourism for copyright; the Ministry of Science and ICT for data/software; and the Ministry of Trade, Industry and Energy for industrial property rights)—the Government of the Republic of Korea elevated the Korean Intellectual Property Office (KIPO) to the Ministry of Intellectual Property (MOIP) effective October 1, 2025.

This elevation marks the first organizational upgrade in 48 years since KIPO was established in 1988. MOIP has become a ministerial-level central administrative agency under the Prime Minister, gaining authority to independently submit IP-related bills as well as voting rights in State Council (Cabinet) deliberations. This signals that IP policy is no longer merely a subordinate tool of industrial policy, but has been positioned as a core national strategic agenda.

At the inauguration ceremony on November 5, 2025, the inaugural head of MOIP (minister-level), Yongseon Kim, stated that MOIP would serve as the lead ministry for driving economic growth, emphasizing support for companies to secure advanced technologies and a strong commitment to preventing overseas technology leakage.

Alongside the elevation, the IP administrative framework was reorganized around operational functions. Key restructuring measures include:

• Establishment of the Intellectual Property Dispute Response Bureau: Created to respond systematically to the surge in overseas patent litigation (including NPE assertions). Moving beyond passive support, it will conduct early detection of dispute risk and provide response-strategy consulting.
• Establishment of the Intellectual Property Transaction Division: A dedicated unit to promote the use of dormant patents and invigorate IP finance, leading the development of a technology transfer and commercialization ecosystem.
• Reorganization of the Intellectual Property Policy Bureau: Expanded in both name and function from the former Industrial Property Policy Bureau to oversee comprehensive IP policy—not only patents, but also data and emerging/new IP rights.

In line with the reorganization, the budget was substantially increased.

MOIP’s budget increased from KRW 556.6 billion in 2025 to KRW 630.8 billion in 2026, an increase of approximately KRW 74.2 billion (13.3%). During National Assembly deliberations, an additional KRW 4.7 billion was added above the government’s proposal (KRW 626.1 billion). This reflects a shared recognition—by both the government and the legislature—of the importance of IP rights and the intent to strengthen protection.

A closer look at the budget breakdown further clarifies policy direction. Major programs with large increases include:

Taken together, these allocations indicate that MOIP is focusing on improving examination quality, strengthening IP protection, and promoting proactive utilization of IP rights.

• Purchase and utilization of industrial property rights pledged as collateral: KRW 2.3 billion → KRW 15.5 billion (increase of KRW 13.2 billion)
• Strategic support for IP-based technology commercialization: newly funded at KRW 10 billion
• Support to counter “Hallyu free-riding” practices: newly funded at KRW 9.4 billion
• Pre-filing searches (patent/trademark/design prior searches): KRW 42.2 billion → KRW 51.3 billion (increase of KRW 9.1 billion)

Under the vision of “a country where people’s ideas and knowledge become dependable assets,” MOIP selected the following priority initiatives for 2026:

• “Everyone’s Ideas” Project (launching January 2026): A nationwide initiative to identify innovative ideas from the public and businesses. With total prize money of KRW 780 million, the project goes beyond a typical contest—MOIP will directly provide fast-track support from patent filing through commercialization and even policy adoption for selected ideas.
• Expansion of IP Finance: To support companies with strong technology but insufficient tangible collateral, MOIP will form a new fund worth KRW 120 billion and introduce an AI-augmented IP valuation system to substantially lower barriers to IP-backed lending.

• Zero-tolerance policy on technology leakage: A new Special Investigation Team will be established within the technology police organization to focus on advanced technology leakage (e.g., AI and semiconductors), significantly strengthening investigative capacity.
• K-Brand Guard: To combat the global spread of counterfeit K-Food and K-Beauty products, MOIP will deploy an AI-augmented counterfeit monitoring system that detects online distribution of counterfeit goods in real time and supports one-stop reporting and takedown actions with platforms.

• AI-driven examination innovation: To address the rapid increase in AI-related patent filings, MOIP will introduce AI-based examination support models. The goal is to reduce patent examination pendency from the current 16.2 months to 10 months by 2029.
• Ultra-fast examination: For national strategic technologies (AI, semiconductors, and advanced bio), MOIP will operate an ultra-fast examination track designed to process cases within one month, helping companies secure rights quickly.

• IP Innovation Square: MOIP will establish “IP Innovation Squares” in key hub cities to provide one-stop support for IP finance, transactions, and commercialization—driving innovation growth for regional companies.

“K-Discovery” has been discussed for years to address the structural imbalance in patent infringement litigation where most evidence is typically held by the alleged infringer. As part of these discussions, measures such as Article 132 of the Korean Patent Act (orders to submit materials) and expert on-site inspections designated by the court have been pursued. However, as of 2026, it is difficult to say that a full, party-led discovery regime comparable to U.S. discovery under the Federal Rules of Civil Procedure (FRCP) is in place.

Meanwhile, the legislature submitted a related bill (a Patent Act amendment) to the National Assembly’s Trade, Industry, Energy, SMEs and Startups Committee on January 23, 2025, formally initiating the legislative process. The bill centers on introducing mechanisms such as Expert Inspection, Preservation Orders, and Off-site Interrogation.

Companies should recognize that the currently available “order to submit materials” mechanism is being effectively strengthened through more proactive court operation. In preparation for the possible adoption of K-Discovery, companies should review their document retention policies and email archiving systems.

With the launch of MOIP and changes in budget, organizational structure, and work plans, Korea’s IP policy is expanding beyond a registration-centric approach into broader areas: dispute-response capability, examination innovation, technology protection, and the assetization/financing/commercialization of IP.

Accordingly, companies should redefine IP not merely as a tool for securing rights, but as a core strategic management asset—building technology/brand/data-driven portfolios, managing dispute risk proactively, and leveraging IP finance in parallel. Partners and service providers involved in patent work will also need stronger capabilities to propose assetization- and utilization-centered solutions tailored to clients’ needs.