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South Korea is part of the World Intellectual Property Organization (WIPO). In order for a WIPO design to be enforced in South Korea, the design must be granted by the WIPO. During the application process, renewal fees are not due. Once a design is granted, the renewal fee is paid to the WIPO. The lifespan that apply to a national South Korean design also apply to a WIPO design, which will be described in detail below.
Renewal fees in South Korea must be paid by certain dates to either the WIPO or to the Korean Intellectual Property Office (KIPO), depending on where the design was filed.
In this section you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
If the design was filed at the WIPO, once granted, the first renewal is paid in the fifth year from the filing date, to the WIPO.
For example, if the grant date is 2022-01-20, and the filing date is 2020-03-01, the first renewal must be paid by 2025-03-01.
After the first renewal has been paid, all subsequent renewals must be paid every 5 years. The due date should be the month and date corresponding to the filing date.
For example, if the filing date was on November 9, then all subsequent annuities will be due on November 9 every five years.
If the design was filed at the Korean Intellectual Property Office (KIPO), no annuities are due throughout the application process. The first renewal is paid 4 months after the grant date to the Korean Intellectual Property Office (KIPO). This payment must cover all annuities that would have been due throughout the application process.
For example, if the grant date is 2022-01-20, then the first renewal must be paid by 2022-05-20.
After the first renewal has been paid, all subsequent annuities must be paid annually on the grant date. The due date should be the month and date corresponding to the grant date.
For example, if the grant date was on November 9, then all subsequent annuities will be due on November 9 each year.
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In South Korea, there are other types of intellectual property besides designs.
We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.
The renewal fees for designs in South Korea vary depending on whether the design is a national registration or an international registration through the WIPO. For international registrations, fees also depend on the number of designs in the application and whether it is a family registration. For national registrations, fees also vary depending on whether the applicant qualifies for reduced fees (e.g., individual inventors or small entities), and the locarno classification.
There are no annuities due in South Korea before the patent is granted. Once the patent has been granted, annuities must be paid in accordance with the renewal interval described above under the section Due Dates.
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