Patent Annuities in Korea: Due Dates, Grace Periods and Restoration
Korean patent annual fees begin at registration. The fees for the first through third years must be paid together within three months from receipt of the decision to grant. From the fourth year, one annual fee is due before each anniversary of the date of the initial payment.
A later annual fee may be paid during a six-month additional-payment period. The current Ministry schedule applies a surcharge of 3 percent for each elapsed month, increasing to 18 percent in the sixth month. Failure to pay within that period causes the patent to expire retroactively from the day after the last paid term.
Annual-fee schedule
| Patent year | Base fee per year | Fee per claim |
|---|---|---|
| 1–3 | KRW 13,000 | KRW 12,000 |
| 4–6 | KRW 36,000 | KRW 20,000 |
| 7–9 | KRW 90,000 | KRW 34,000 |
| 10–12 | KRW 216,000 | KRW 49,000 |
| 13–25 | KRW 324,000 | KRW 49,000 |
Each amount applies for one year and is calculated using the registered claim count for the relevant payment. The current official schedule should be checked on the payment date. A patent-term extension or adjustment may affect the years for which fees are payable.
Registration payment
The applicant must pay the first three annual fees in one payment within three months from receipt of the grant decision. The patent is registered after the required payment and formalities are completed.
Before payment, the applicant should confirm the allowed claims, registered owner data, post-allowance divisional decision, and any available reexamination or correction procedure. A post-allowance divisional must be filed within the statutory period and before registration, so the registration-payment instruction should be coordinated with that decision.
Fourth-year and later due dates
Later annual fees are tied to the anniversary of the initial payment, not automatically to the filing-date anniversary used in some jurisdictions. The official registration record and payment history should be used for docketing.
An assignment, merger, or name change should be reconciled with annual-fee instructions so that the payment, invoice, and official record identify the correct owner.
Additional-payment period
Article 81 of the Patent Act permits payment during the six months following the ordinary due date. Current Ministry guidance applies the following surcharge to the annual fee:
| Payment within | Surcharge |
|---|---|
| 1 month after the due date | 3% |
| 2 months after the due date | 6% |
| 3 months after the due date | 9% |
| 4 months after the due date | 12% |
| 5 months after the due date | 15% |
| 6 months after the due date | 18% |
The additional-payment period should be treated as a correction period. A patent in late payment may create issues for licensing, due diligence, customs recordation, and enforcement.
Recovery within three months after lapse
Under Article 81-3(3) of the Patent Act, a patent owner that failed to pay during the additional-payment period may apply to recover the expired right within three months after that period expires by paying twice the ordinary annual fee. The Ministry states that the recovery application must be made by the owner.
The right is treated as having expired retroactively if the additional-payment period was missed. Any planned transaction or enforcement action should account for that status until recovery is completed.
Relief based on a justifiable reason
Article 81-3(1) also provides a separate relief provision when a patent applicant or owner failed to pay or cure a deficiency within the applicable period for a justifiable reason. The omitted act must be completed within two months after the reason ceases and no later than one year after the relevant additional-payment or cure period.
The three-month recovery procedure and the cause-based provision have different requirements. Their availability and the legal effect of recovery should be reviewed immediately. The Patent Act also addresses activities occurring during the period in which the right was treated as expired.
Evidence for a cause-based request
The review file should contain:
- the complete docket and reminder history;
- instructions among the owner, foreign counsel, annual-fee provider, and Korean representative;
- invoice, payment, bank, and rejection records;
- evidence of any system failure, personnel event, or extraordinary circumstance;
- the date the nonpayment was discovered;
- the corrective action taken after discovery; and
- the portfolio procedures used to control annual-fee deadlines.
The evidence should account for the entire period of delay and identify when the asserted reason ceased.
Portfolio review by fee band
Official fees increase at years 4, 7, 10, and 13. A review before each increase should consider Korean revenue, accused or competing products, licensing activity, standards relevance, remaining term, family coverage, and enforcement cost.
Claim cancellation affects substantive scope and should not be used solely to reduce annual fees without comparing the saving against the value of the affected claims.
Official and additional references
- WIPO PCT Applicant’s Guide: Republic of Korea
- Ministry of Intellectual Property: Patent fee schedule
- Ministry of Intellectual Property: Annual-fee payment and recovery
- Korean Patent Act, Article 81-3
- Managing IP summary of Korean restoration amendments
Related Korean patent guides
- South Korea Patent Filing and Prosecution Costs
- Korean Patent Prosecution Timeline and Examination Options
- KIPO and MOIP Terminology for Korea’s IP Authority
Legal and editorial review: July 16, 2026. MOIP is Korea’s current IP authority; some official English pages may retain KIPO or transitional terminology.
This article provides general information and does not constitute legal advice. Korean law and Ministry practice may change, and the correct action depends on the facts and relevant dates.
