30 August 2023
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If you have patents or trade marks in Korea or are considering filing or transferring them, you should be aware of the official fee update effective as of 1 August, 2023.

These changes are noteworthy as they are not simply inflationary increases applied uniformly. Instead, while fees for filing and prosecution have slightly risen, those for maintaining and transferring rights have been reduced. It seems that KIPO is using these fee changes to pursue policy objectives rather than just to raise revenue.

It appears that KIPO is using these fee adjustments to subtly guide the behaviour of applicants and IP right holders. This includes steering them away from practices that KIPO aims to reduce (e.g., filing multi-generation divisional applications) and toward actions that they wish to encourage or facilitate (e.g., holding and transacting IP).

Summary of Main Changes:

  • Patent renewal fees have been reduced by 10%.
  • Divisional application fees are now higher for the 2nd divisional application and subsequent ones.
  • The fee for requesting an examination has increased by 10%.
  • Trade mark (TM) filing, registration, and renewal fees have been lowered, but additional fees are now imposed for more than 10 items in one class (previously 20 items).
  • There has been a decrease in the fees for recording the transfer (assignment) of patents and trade marks.

Should you have any further inquiries regarding these KIPO fee changes, please get in touch with your usual Mewburn contact or email Hojae Lee, a qualified Korean patent attorney at our firm, at hojae.lee@mewburn.com


Detailed Changes:

I. Patents

1. Patent Registration Fees (1 to 20 years) (about 10% reduction)

  • The reduction in the registration fees is applied to cases where the Notice of Patent Grant is issued on 1 August, 2023, or later.

  • The reduction in the annuity fees is applied to cases where the deadline for paying the annuity fees is 1 August, 2023, or later.

 

Item

 

Previously (KRW)

 

Currently (KRW)

 

1st to 3rd years (Registration Fees)

-Base

-Per each additional claim

 

15,000

13,000

 

13,000

12,000

4th to 6th years (annually)

-Base

-Per each additional claim

 

40,000

22,000

 

36,000

20,000

7th to 9th years (annually)

-Base

-Per each additional claim

 

100,000

38,000

 

90,000

34,000

10th to 12th years (annually)

-Base

-Per each additional claim

 

240,000

55,000

 

 

216,000

49,000

13th to 20th years (annually)

-Base

-Per each additional claim

 

360,000

55,000

 

324,000

49,000

 

2. Patent Divisional Application Fees

  • Regardless of the numbers of previous divisional applications, the numbers of divisional applications will be counted as of 1 August, 2023, for the updated fees. 

 

Item

Previously

(KRW)

Currently

(KRW)

Divisional Application

46,000

1 time

46,000

2 times

92,000

3 times

138,000

4 times

184,000

5 times or more

230,000

 

3. Increase in Fees for Requesting for Examination of Patent Application

  • The updated fees are applied to a patent application filed on or after 1 August, 2023 (For PCT cases entering the Korean national phase, the updated fees are applied to cases in which the PCT filing date is 1 August, 2023, or later.)

 

Item

Previously

(KRW)

Currently

(KRW)

Request for Examination

-Base

-Per each additional claim

 

143,000

44,000

 

166,000

51,000

 

II. Trade marks

The official fees of filing application, registration, and renewal have been reduced by KRW 10,000 per class/per mark. 

Meanwhile, for each item of goods designated in excess of 10 items in one class, an official fee of KRW 2,000 per item will be added.  (Previously, additional official fees were applied to the items in excess of 20 items in one class.) 

The updated official fees are applied to the trade marks that are filed for registration and requested for renewal from 1 August, 2023.  

In detail, the official fees for trade mark matters are adjusted as follows: 

 

Item

Previously

(KRW)

Currently

(KRW)

Application

62,000/class

52,000/class

Registration

211,000/class

201,000/class

Renewal

310,000/class

300,000/class

Additional fees for excessive items

Additional fees of 2,000 in excess of 20 items were applied to each excessive item

Additional fees of 2,000 in excess of 10 items were applied to each excessive item

 

III. Decrease in Fees for Recordation of Transfer (Assignment) of Patent and Trade mark

  • The updated fees are applied to the cases in which the date of filing a Deed of Assignment with KIPO is 1 August, 2023, or later.
  • Registration Tax and Stamp Tax are separate.

 

Item

Previously

(KRW)

Currently

(KRW)

Patent

53,000

40,000

Trade mark

113,000

40,000

Design

40,000

40,000

Utility

40,000

40,000

 

Hojae is an associate Korean patent attorney in our life science team. He advises a broad range of clients on Korean legal matters alongside training for his European patent attorney qualification. Hojae is a key part of our EPO prosecution team, with a particular focus on advising Korea-based clients. Hojae also plays an important role in developing our Korea-based client base and expanding our service offering to that sector. Hojae’s clients are mainly biopharma companies, biotech start-ups and governmental organisations in Korea that are looking to file European patent applications. He also advises a broad range of other clients on Korean legal matters.
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