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The scope of IP rights is determined by conducting surveys of prior art and evaluating the prior art in view of the IP rights (“Survey and Evaluation”).  Accordingly, Survey and Evaluation is essentially needed in every stage of an IP right’s life cycle, e.g., creation, protection, and enforcement.  The professionals in Yulchon's IP Group have extensive experience at the Patent Court and the Korean Intellectual Property Office.  As a result, these professionals can provide efficient and accurate surveys of the prior art, determinations of the scope of intellectual property rights, and validity analyses of intellectual property rights.  Based on the above Survey and Evaluations, the IP Group is capable of providing key information that is useful for IP portfolio management, due diligence in M&A transactions, IP sales/procurement transactions, and valuations needed for corporate financing. 

Major Practice Areas

  • Survey and evaluation of prior art.
  • Validity analysis of intellectual property rights.
  • Freedom-to-operate opinions (non-infringement or invalidity opinions in relation to third party intellectual property rights).
  • Determine the scope of intellectual property rights.
  • Competitive monitoring of intellectual property rights in various countries.
  • IP portfolio management.
  • Due diligence and analysis of intellectual property rights for M&A purposes.

  • Conducted prior art search for use in patent prosecution or “provision of information” (i.e., third party submission of prior art) for Company “Y.”
  • Conducted prior art search for use in US litigation and US reexamination filings for Company “U.”
  • Analyzed and reviewed validity of a patent for pharmaceutical Company “D.”
  • Analyzed and reviewed validity of patent for Company “C.”
  • Performed investigation and analysis for valuation of a patented invention for “K” fund.
  • Monitored patents in various countries for a foreign Company “H.”
  • Performed freedom-to-operate analysis for products of Company “L.”