Design renewal fees in South Korea: costs, due dates and grace period
A registered design in South Korea lasts up to 20 years from the filing date. The registration fee covers the first 3 years; after that an annual fee falls due every year, counted from the registration date. Miss one and you have 6 months to put it right, with a surcharge of 3% to 18% of the fee, depending on how late you pay.
What are the design renewal due dates in South Korea?
South Korea protects a registered design for up to 20 years from the filing date. Renewal falls due every year, 17 times in all.
The first annual fee falls due before the third anniversary of registration, payable to KIPO. It covers the fourth year after registration.
For example, if the design was registered on 2016-03-15, the first annual fee is due by 2019-03-15.
Each further renewal runs every year on the same basis, until the 20-year maximum is reached. There is no extension beyond it.
For example, protection can be kept alive until 2035-03-15, after which no further renewal is possible.
South Korea is a member of the Hague System. A design registered nationally is renewed by paying KIPO. Where protection instead comes from an international registration designating South Korea, the renewal is paid directly to WIPO's International Bureau. WIPO registers designs and does not grant them, so KIPO remains free to refuse protection under its own law.
A design registered here can be kept alive until 20 years after filing. The registration fee covers the first 3 years after registration; the first annual fee then falls due on 15 Mar 2019, and one is due every year after that. Miss one and you have 6 months to put it right with a surcharge of 3% to 18%, until 15 Sep 2019 in this example.
Official design renewal fees by year in South Korea
Official fees payable to KIPO, in KRW, charged every year the design stays on the register, up to year 20.
| Year after registration | Official fee (KRW) | Cumulative (KRW) |
|---|---|---|
| Year 4 | 35,000 | 35,000 |
| Year 5 | 35,000 | 70,000 |
| Year 6 | 35,000 | 105,000 |
| Year 7 | 70,000 | 175,000 |
| Year 8 | 70,000 | 245,000 |
| Year 9 | 70,000 | 315,000 |
| Year 10 | 140,000 | 455,000 |
| Year 11 | 140,000 | 595,000 |
| Year 12 | 140,000 | 735,000 |
| Year 13 | 210,000 | 945,000 |
| Year 14 | 210,000 | 1,155,000 |
| Year 15 | 210,000 | 1,365,000 |
| Year 16 | 210,000 | 1,575,000 |
| Year 17 | 210,000 | 1,785,000 |
| Year 18 | 210,000 | 1,995,000 |
| Year 19 | 210,000 | 2,205,000 |
| Year 20 | 210,000 | 2,415,000 |
| Full term, years 4 to 20 | 2,415,000 | |
Substantive-examination rates. Designs registered after partial examination pay KRW 34,000 a year. Fee years count from the registration date; the right ends 20 years after filing.
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.
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Missed a design renewal deadline in South Korea?
A six-month grace period runs from the due date. You can still pay the annual fee inside it, with a surcharge of 3% of the fee in the first month, rising by 3 points a month to 18%. After that, the right can be restored within a further 3 months at double the fee. The fees shown are for designs registered after substantive examination; designs registered under partial examination pay a flat KRW 34,000 a year. Fee years count from the registration date.
If the annual fee due on 15 Mar 2019 is missed, the design stays recoverable for 6 months, until about 15 Sep 2019 in this example.
Design renewal fees in other jurisdictions
The same schedule, deadlines and grace rules, in the jurisdictions we are asked about most.
Looking for a different jurisdiction?
Design renewal fees and deadlines in every jurisdiction we cover.
Other IP renewals in South Korea
Designs aren't the only rights that lapse without renewal. South Korea also protects patents and trademarks. Each on its own schedule and fee scale.
Patents
Renewal deadlines, grace periods and official fees for patents in South Korea.
Trademarks
Renewal terms and official fees for trademarks in South Korea.
What happens to a South Korean design before it has been registered?
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.
When can I pay the renewal fee in South Korea?
The renewal fee in South Korea can be paid at any time before the renewal due date. Technically, all annuities can be paid at the same time, meaning that you will only have to pay one, large sum of renewal fee.
Can I renew a design after I miss a renewal due date?
Yes, it is possible to renew a South Korean design after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the design, both the renewal fee and the surcharge fee will have to be settled. For example, if a design has a renewal due date of 2021-05-31 and the due date is missed, the design will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the design lapsing.
How long do designs last in South Korea?
A design will stay in force for 20 years in South Korea from the filing date if successfully renewed. Failure to pay the renewal fees will result in the design lapsing.
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