AI patent backlog grows amid shortage of specialized examiners

The rapid growth of the artificial intelligence industry is causing a significant backlog in patent examinations. According to data from the Korean Intellectual Property Office, AI-related patent applications increased by approximately 48% between 2021 and 2025, rising from 6,250 to 9,223 cases.

During the same period, the number of cases awaiting examination grew by about 40%, and the average waiting period increased from 12.2 months to 21.3 months. Despite this surge, the number of specialized AI patent examiners has remained stagnant, hovering around 40 individuals. Currently, there is a shortage of four personnel relative to the authorized headcount.

Challenges also exist in securing professional expertise within the private sector. The patent attorney examination system lacks specific subjects for AI and machine learning. While data structure theory is considered a foundational subject, the number of applicants for such technical elective subjects has declined sharply, with zero successful candidates in the data structure theory category for 2025.