Who may apply for a government-appointed agent before the Intellectual Property Trial and Appeal Board? The September 2026 amendment to the Rules on Appointment and Operation of Government-Appointed Agents

What changed

Article 2(1) of the Rules lets the Commissioner of the Intellectual Property Trial and Appeal Board appoint a government-appointed agent on the application of a trial party ('applicant') who falls under one of the listed categories. Prime Minister's Order No. 2142, promulgated and in force on 1 September 2026, adds two sub-items to the second category: a person recognised as a veterans' compensation beneficiary under Articles 2 and 3 of the Act on Support for Veterans Compensation Beneficiaries, together with that person's surviving family or family; and, under items 4 to 6 of Article 2 of the Act on Treatment and Support of Persons Killed or Injured in the Line of Duty, a person killed or injured while rescuing others (의사상자), the surviving family of a person killed in such a rescue (의사자유족), and the family of a person injured in such a rescue (의상자가족). The official reason gives the aim as improving and supplementing weaknesses seen in running the current system by adding these groups to the persons for whom the Commissioner may appoint a government-appointed agent.

The same amendment tightens the sixth category, for persons doing military or social service: instead of soldiers or social service agents under Article 5(1)(i) and (iii) of the Military Service Act, the wording now points to soldiers under sub-item 'ga' of Article 5(1)(i) and social service agents under sub-item 'na' 1 of Article 5(1)(iii), while the reference to persons doing conversion service under Article 25 of that Act stays as it was. The ninth category changes from a young entrepreneur under Article 4-2(2) of the Small and Medium Business Startup Support Act to a young start-up enterprise under Article 2(11) of that Act. The prescribed form attached to the Rules is also replaced as shown. The appointment remains discretionary: the Commissioner 'may' appoint on application.

The Acts on veterans' compensation, on persons killed or injured in the line of duty, on military service and on small and medium business start-ups are not in this pack, and this note has not read them.

What to read in the text

Addendum Article 1 puts the Rules into force on the day of promulgation, 1 September 2026. Addendum Article 2 applies the amended provisions adding the two new sub-items to the second category to cases in which proceedings on a patent, utility model, design or trademark are already pending when the Rules come into force.

So an applicant who relies on one of the two new sub-items must fall under it: being a veterans' compensation beneficiary or that person's surviving family or family, or holding status under items 4 to 6 of Article 2 of the Act on Treatment and Support of Persons Killed or Injured in the Line of Duty. A case already pending when the Rules took effect comes within the new sub-items because Addendum Article 2 says so. The text does not say what documents the applicant must submit to show any of this. Whether the applicant is a soldier, social service agent, person doing conversion service or a young start-up enterprise is read under the sixth and ninth categories as they now stand.

Questions for the legislature

Addendum Article 2 extends the new sub-items to pending proceedings but says nothing about the amended sixth and ninth categories. For a party serving, or trading, before 1 September 2026 under the former wording who does not fall within the narrowed references, does the amendment reach the pending case at all?

The amendment replaces the prescribed form 'as shown', but the pack does not include the form itself. Neither the text, the addendum nor the official reason says what the new form asks the applicant to attach as proof of status under the new sub-items, so what documents does the form now require?

When to revisit

We revisit this note when the amended prescribed form is read, or if a decision of the Intellectual Property Trial and Appeal Board explains how the sixth and ninth categories are applied to applicants whose status began before 1 September 2026.