Payment of Patent Fees and Registration of Korean Patents
If a patent decision is issued on a patent application by an examiner of the Korean Intellectual Property Office, the applicant must pay three years' worth of patent fees within three months from the date of delivery of the patent decision. This payment is required in order to obtain a patent establishment registration.
If the patent fee is not paid within three months, the applicant will be given an additional six months to pay the patent fee, during which time the applicant will be required to pay double the amount of the patent fee. If the patent fee is not paid within the above period, the applicant will be deemed to have abandoned the right to obtain a patent for the application, and if the patent fee is paid after the period has elapsed, the Korean Intellectual Property Office may invalidate the application.
Our firm uses a dedicated program to manage the payment of the above patent fees to obtain a patent grant, as well as the period and amount of annual fees to be paid during the existence of the patent right, to reduce the inconvenience of our clients. In addition, if the patent fee is not paid during the existence of the patent right, the patent right will lapse.
A patent right does not arise as a right even if there is a patent decision by an examiner, but only when the patent fee is paid in full and the Korean Intellectual Property Commissioner registers the patent right in the register of the Korean Intellectual Property Office.
The exclusivity of a Korean patent right so registered shall commence on the date of registration, but the exclusivity shall be maintained until the 20th anniversary of the date of filing.
FAQ about Korean Patents
If i have a patent in Korea, will my business succeed?
Is BM patent examination different in Korea?
What is the difference between a patent and a utility model in Korea?
What is the Korean Patent Prioritized Examination System?
[Frequently Asked Questions in Pre-Filing Stage for Korean Patents]
Consulting for Korean Patent Application
The Process of Drafting Patent Application Documents
[Frequently Asked Questions during the Korean Patent Examination and Registration Process]
Korean Patent Examination Request Process
Early publication and application publication steps
Steps to apply for prioritization examination in South Korea
What should I do after receiving the Office Action of the Reason for Refusal?
What is a request for re-examination?
What should I do if I receive a patent rejection decision?
Payment of Patent Fees and Registration of Korean Patents
OUR SERVICES
Patent
We specialize in securing patents that provide tangible value for foreign companies entering the Korean market, and we provide comprehensive guidance on all aspects of your patent portfolio. Our dedicated patent team handles a wide range of services, including patentability assessments, drafting, filing, and prosecution of patent applications, Freedom-to-Operate analyses, infringement analyses, second opinions, oppositions, litigation support, and patent monitoring.
With some of Korea's most experienced and professional patent attorneys, our team covers various technology domains. We take pride in being one of Korean IP Law Firm with a high patent registration success rate.
At DAEILPAT, our primary focus is to secure patents that contribute real value to your business. To achieve this, we take the time to understand your company and the competitive landscape in which you operate. This enables us to develop a tailored protection strategy that aligns with your specific needs. In addition to our expertise in patents, our professionals are well-versed in Design Rights. If necessary, we can create a customized protection strategy using a combination of patents and designs to safeguard your intellectual property effectively.
Learn more about Patents Application and Protection in Korea
Strategic Advice
In addition to providing consultation services on specific patent rights, we offer strategic advice to foreign companies entering the Korean market regarding their patent portfolios. Our strategic advice encompasses a wide range of key issues, including:
- Invention Scouting
- Trade Secrets and Pitfall Avoidance
- International Protection
- Infringement Identification and Enforcement
- Competitor Patent Monitoring
- Patent Portfolio Optimization
- Patent Department Organization
- Outsourcing Patent-Related Tasks
At DAEILPAT, we understand the unique challenges faced by foreign companies entering the Korean market, and our strategic advice aims to support your patent portfolio goals, enhance your competitive position, and maximize the value of your intellectual property assets.
