How to Renew a Patent in South Korea?
If your patent receives a notice of grant, you will have to register the patent by paying renewal fees for years 1 to 3 upfront along with the grant fee to the Korean Intellectual Property Office (KIPO). The renewal fees for the patent’s first 3 years have to be settled upfront within 3 months from the notice of grant. From thereon, the first renewal fee will be due 4 years from the registration date, NOT the filing date. For further explanation, please refer to the example below;
For example, if the filing date of a patent is (17 September, 2015) where the grant date of the patent is (20 November, 2017) and the patent was registered by paying renewal fees for years 1 to 3 along with the grant fee on 14 November 2017. Years 1 to 3 are paid upfront upon registration on 14 November 2017. You will only have to settle the 4th annuity on (14 November, 2020).
In South Korea, the patent renewal fee is paid from year 4. It is worth noting that In South Korea you need to pay an additional renewal fee for each claim depending on the number of claims your patent application has.
For example, if a patent has an annuity due for year 4 as well as 11 claims, the formula will go as follows;
(40000.00 KRW for year 4) + (22000.00 x 11) = 282000.00 KRW
Renewal Fees by Intellectual Property Type
In South Korea, there are two kinds of intellectual property types.
Intellectual Property Type #1 - Utility Models
The duration of a utility model is 10 years from the date of filing for utility models filed on or after 1 July 1999. The renewal fees for the first 3 years must be paid as registration fees, upon the grant of the utility model right. A utility model right can be maintained by paying renewal fees. An article explaining more about the renewal process of South Korean utility models will be on our website in the near future. Until then, feel free to reach out to us on firstname.lastname@example.org.
Intellectual Property type #2 - Designs
The duration of a design right is 20 years from the date of filing. The renewal fees for the first three years must be paid as registration fees upon the grant of the design right. From thereon, an industrial design right can be maintained by paying renewal fees annually from year 4 until year 20. You will have to pay renewal fees for each registered design in multiple design applications. If the renewal fee is not paid by the due date, You can make a ‘late renewal’ up to 6 months after the renewal date by paying a higher fee.An article explaining more about the renewal process of South Korean designs will be on our website in the near future. Until then, feel free to reach out to us on email@example.com.
Written and Edited by Kumari Rupali Bansal & Christina Botes from the PatentRenewal team