Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

Explainability Requirements for Substantive Design Examination Using AI Examination Support Tools: Focusing on XAI-Based Institutional Safeguards

1Ph.D. Program in Intellectual Property Convergence Department, Chungnam National University; Expert Advisor in Convergence IP Strategy Team, Korea Intellectual Property Strategy Agency, Republic of Korea
2Professor, Department of IP Convergence at the graduate school, Chungnam National University, Republic of Korea

Correspondence to Taeman Kim (taeman.kim@cnu.ac.kr)

Volume 21, Number 3, Pages 227-245, September 2026.
Journal of Intellectual Property 2026;21(3):227-245. https://doi.org/10.34122/jip.2026.21.3.227
Received on June 23, 2026, Revised on July 06, 2026, Accepted on September 04, 2026, Published on September 30, 2026.
Copyright © 2026 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

This study examines the explainability requirements for artificial intelligence (AI) examination support tools used in substantive design examinations from an explainable AI (XAI) perspective. Substantive examination combines prior design search, similarity of articles, overall aesthetic impression, and ease of creation. Hence, AI-generated similarity scores, candidate rankings, and visualized similarity-contributing regions must support, rather than replace, legal judgment. Drawing on the Design Protection Act, Design Examination Guidelines, Korean AI legislation, recent design and AI policy research, and domestic and international materials on XAI and trustworthy AI, this study identifies three discrepancies between: image similarity and overall aesthetic impression; search objects and units, and the legal relevance of retrieved candidates; and AI similarity-contributing regions, and legally significant or dominant features. As such, it argues that explainability should not require the full disclosure of model internals. Instead, it should be designed as a procedural structure which enables examiners to connect AI outputs with legal criteria, and review and record case-specific input scope, search objects and units, recommendation reasons, similarity-contributing regions, and decisions to accept, modify, or reject AI outputs. The proposed framework includes differentiated logging, quality management, and retraining controls.
Keywords

substantive examination of designs, AI examination support tools, design similarity assessment, ease of creation, search objects and search units, explainable artificial intelligence (XAI), procedural legitimacy

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The authors received manuscript fees for this article from Korea Institute of Intellectual Property.

Section