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).
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.
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
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
Item |
Previously (KRW) |
Currently (KRW) |
Request for Examination -Base -Per each additional claim |
143,000 44,000 |
166,000 51,000 |
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 |
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 |