Billing and Costs for Korean Patent Counsel
A Korean patent fee proposal should separate professional fees, translation charges, official fees and third-party expenses. Without that separation, proposals using the same description for a filing may cover different work.
Standard filings and formalities can often be priced on a fixed-fee basis. Office Action analysis, opinions, appeals and disputes may require hourly fees or a budget for defined phases.
Scope of a fixed fee
A fixed filing fee should state whether it includes:
- review of source documents and bibliographic data;
- preparation and electronic filing of forms;
- review or adaptation of the Korean claims;
- priority claim and document handling;
- translation formatting and drawing text;
- the filing receipt and report;
- routine formal correspondence; and
- review by the responsible patent attorney.
The proposal should state its assumptions, including source word count, claim count, priorities, drawing sheets, sequence-listing status, filing route and instruction lead time. Work outside those assumptions should have a stated rate or require advance approval.
Hourly billing
Hourly billing may be appropriate for work that cannot be estimated responsibly at the outset, including:
- complex Office Action analysis;
- material defects in a source specification;
- claim-development meetings;
- examiner interviews requiring substantial preparation;
- freedom-to-operate or validity opinions;
- appeals, invalidation trials and litigation; and
- transaction due diligence with changing scope.
The engagement should identify rates by timekeeper, expected staffing, a phase estimate and the amount requiring further approval. An hourly engagement can still use an estimate or cap for a defined task.
Combined fee arrangements
A portfolio may use fixed fees for routine actions and hourly or capped fees for exceptional work. An Office Action matter can also use a fixed fee for the initial analysis and a separate approved budget for testing, evidence, an interview, extensive amendments or appeal preparation.
A volume discount should be based on the expected mix of matters. A rate based on repetitive filings may not apply to a smaller number of technically complex biotechnology or semiconductor cases.
Charges outside the quoted professional fee
Translation
The proposal should state the unit rate, minimum charge and treatment of technical review, formatting, drawing text, sequence listings, amendments and urgent work. It should also state whether correction of the provider's error is charged.
Claim-based official fees
MOIP examination and annuity fees depend in part on the number of claims. The MOIP Fees and Payments schedule lists official fees in Korean won. A proposal should show these government fees separately from the firm's professional fees.
Office Action work
The engagement should state whether the fee covers reporting, cited-art review, amendment drafting, patent-family review, inventor calls, examiner interviews, declarations, experimental evidence, extension requests, re-examination, appeal advice and divisional recommendations.
Formalities and recordals
Separate charges may apply to assignments, name or address changes, powers of attorney, priority documents, certificates, legalised or notarised documents where required, licences, security interests and file-history copies.
Grant and annuities
The proposal should address the allowance report, registration instructions, official fees for the first three years, claim review before grant, certificates, later annuity service charges, late-payment monitoring and restoration work.
Expenses, tax and currency
The engagement should state how courier charges, bank fees, search vendors, experts, travel, applicable tax and currency conversion are billed. If an official fee is invoiced in another currency, the exchange-rate source or conversion method should be identified.
Fee comparison by event
Firms should be compared using the same assumed matters and inputs.
| Event | Professional fee | Translation | Official fee | Other cost | Assumptions |
|---|---|---|---|---|---|
| PCT national-phase filing | Words, claims, priorities | ||||
| Examination request | Claim count | ||||
| Routine Office Action | Pages, references, interview | ||||
| Complex Office Action | Technical work and evidence | ||||
| Allowance and grant | Claims, years 1–3 | ||||
| Divisional application or appeal | Scope and procedural stage | ||||
| Annuity | Patent year and claims |
The completed table shows whether a low filing fee is offset by separate reporting, translation, grant or annuity charges.
Billing terms
The engagement may provide for:
- advance approval above a stated amount;
- no charge for correcting the firm's own error;
- separate line items for professional and official fees;
- the timekeeper, task, rate and time for hourly work;
- the matter number and service date on each line;
- agreed treatment of routine reminders and invoice questions;
- advance notice of fee changes; and
- periodic accrual and budget-variance reports.
Early invoices should be compared with the accepted proposal and billing instructions. Scope or coding differences are easier to correct before they recur across the portfolio.
Related Korean IP guidance
- Patent Filing and Prosecution Costs in Korea
- South Korea IP Counsel RFP Checklist
- Selection of Patent Counsel in South Korea
Legal and editorial review: July 16, 2026. Korea's current patent authority is the Ministry of Intellectual Property (MOIP), formerly KIPO.
This article provides general information and does not constitute legal advice. Official fees, tax and counsel charges should be confirmed for the specific matter.
