Fixed-Fee Korean Patent Prosecution: Included and Excluded Work
A fixed fee for Korean patent work applies to the event and scope defined in the engagement letter or quotation. The term does not establish whether translation, official fees, reporting, Office Action work, grant formalities, or annuities are included.
Fee proposals should be compared on common assumptions. The comparison should separate professional fees, translation, official fees, taxes, disbursements, and contingent work.
Filing-event scope
A fixed fee for a standard direct filing or PCT national phase application may include:
- intake and routine formality review;
- preparation of application forms;
- Korean translation of an identified source document;
- a specified level of translation and attorney review;
- electronic filing;
- routine docketing;
- a filing report, official receipt, and copy as filed; and
- specified minor formalities.
Each item must be stated in the quote. Translation may instead be charged by source-language word, page, character, or another agreed unit. A professional filing fee may exclude translation entirely.
Official fees
MOIP official fees are government charges and usually appear as separate pass-through costs. The amount may vary with the procedure, claim count, number of priority claims, filing medium, and later procedural events. The current MOIP fee schedule should be checked when the estimate is issued and again before payment if the schedule may have changed.
Translation variables
A translation price may assume a stated volume, source language, editable file format, claim count, and ordinary technical complexity. Excess pages, dense tables, text embedded in drawings, non-editable or handwritten material, formulae, sequence listings, extensive amendments, and urgent turnaround may be excluded or charged separately.
A version change after translation begins creates additional translation and consistency-review work. The quote should state how replaced, inserted, and deleted text will be measured.
Priority, ownership, and formality work
A routine filing fee may not include obtaining a certified priority document, resolving a priority-chain discrepancy, translating requested evidence, recording an assignment, correcting applicant data, or responding to a formal defect. The proposal should distinguish ordinary submission of a supplied document from investigation or correction work.
Substantive prosecution
Office Action analysis, prior-art review, claim amendment, written argument, examiner interview, reexamination, appeal, and divisional strategy are separate events unless the proposal expressly includes them.
A bundled response fee should define the number of Office Actions, expected complexity, page or reference assumptions, included interview time, and treatment of new prior art or client-requested claim redesign. A reference to one response does not state whether every type of response is covered.
Grant and post-grant work
The registration fee, first-through-third-year annual fees, later annuities, recordals, corrections, licenses, and enforcement are separate stages unless the engagement states otherwise. Responsibility for monitoring and paying these items should be assigned before allowance.
Inclusion matrix
| Cost item | Common treatment | Scope to state |
|---|---|---|
| Routine intake and forms | Often included | Number of applicants and priority claims |
| Korean translation | Included or separate | Source language, volume, file format, and review level |
| MOIP official fees | Usually separate | Claim count, priority claims, filing medium, and procedure |
| Filing report | Often included | Official receipt, full filed copy, and English data summary |
| Power-of-attorney follow-up | Varies | Routine submission, reminder, translation, and defect correction |
| Office Action response | Usually separate | Analysis, amendment, argument, interview, and prior-art scope |
| Examination request | Varies | Professional fee and claim-based official fee |
| Grant and annuity fees | Usually separate | Responsible party, instruction date, reporting, and payment |
| Urgent work | Usually separate | Cutoff time, staffing, source quality, and surcharge |
Required quotation terms
A complete quotation identifies the covered event, source documents, assumed volume, source language, claim count, priority claims, applicants, review level, reporting, official fees, taxes, disbursements, exclusions, optional work, urgent-work conditions, foreign-exchange treatment, adjustment triggers, and validity period.
For a multi-event prosecution package, the quotation should allocate the fee to the included events and state the treatment of unused events, additional Office Actions, appeals, divisionals, and termination or transfer of the matter.
Information required for an estimate
The instruction package should include the PCT publication or direct-filing draft, editable source files, claim count, page or word count, drawings, sequence-listing information, priority count, applicant count, source language, target filing date, and requested services. It should also identify whether examination, preferential examination, or early publication is requested.
Any expected revision to the specification or claims should be disclosed before the estimate is finalized. For portfolio work, a standardized instruction form and terminology record allow recurring matters to be priced on consistent assumptions.
Related Korean patent guidance
- Korean Patent Associates: Communication, Reporting and Billing Standards
- Instructions for Filing a Patent in Korea
- Korean Patent Law Firm Selection: Due-Diligence Record
Official references
- MOIP foreign-applicant and patent FAQ
- MOIP patent fees and payment schedule
- WIPO PCT Applicant's Guide: Republic of Korea
Last reviewed: July 16, 2026.
This article provides general information and does not replace advice on a specific application, deadline, or engagement.
