Brief summary
- Korean patent annual fees are counted from the date of registration of the grant of the patent (the registration date), not from the filing date. No annual fees are due while the application is pending.
- The fees for years 1 to 3 are paid in one payment at registration. From year 4, the fee for the next year is paid each year by the anniversary of the registration date.
- The amount is a basic fee plus an amount for each claim. Years 4 to 6 cost KRW 36,000 plus KRW 20,000 per claim, per year.
- After the due date, the fee can still be paid within 6 months with an additional fee of 3% to 18%.
Amounts are taken from the Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙) in force from 27 February 2026. Last verified on 8 October 2026.
Last verified
Annual fees at a glance
As of October 2026. The legal term is “patent fee” (특허료). In practice, the fees from year 4 are called annual fees (연차료) or annual registration fees (연차등록료).
| Year (from the registration date) | Amount per year | When to pay |
|---|---|---|
| Years 1 to 3 | KRW 13,000 + (number of claims × KRW 12,000) | All 3 years in one payment, within 3 months from receipt of the decision to grant |
| Years 4 to 6 | KRW 36,000 + (number of claims × KRW 20,000) | By the last day of the preceding year (each year, the anniversary of the registration date) |
| Years 7 to 9 | KRW 90,000 + (number of claims × KRW 34,000) | By the last day of the preceding year (each year, the anniversary of the registration date) |
| Years 10 to 12 | KRW 216,000 + (number of claims × KRW 49,000) | By the last day of the preceding year (each year, the anniversary of the registration date) |
| Years 13 to 25 | KRW 324,000 + (number of claims × KRW 49,000) | By the last day of the preceding year (each year, the anniversary of the registration date) |
The amounts are set in attached Table 1 of the Fee Regulation. [1] The payment times are set in Article 79(1) of the Patent Act (특허법) and Article 8(5) and 8(8) of the Fee Regulation. [1][2] The last day for the fees from year 4 follows the annual registration guide of the Ministry of Intellectual Property (지식재산처, MOIP). [8]
Annual fee years are counted from the registration date
The years of a Korean patent annual fee are counted from the registration date of the patent right. Attached Table 1 of the Fee Regulation classifies the fees by the number of years from the registration date of the patent right. [1]
Under Article 79(1) of the Patent Act, a person who seeks registration pays the annual fees for 3 years from the registration date. [2] The annual fees for the following years are paid by the patentee one year at a time, each year, with the anniversary of the registration date as the reference. [2]
The term of the patent runs from the date of registration to the date 20 years after the filing date of the patent application (Patent Act, Art. 88(1)). [2] The longer examination takes and the later the patent is registered, the fewer years of annual fees are paid.
The last band in attached Table 1 covers years 13 to 25. [1] The table goes up to year 25, but this does not mean that every patent is kept for 25 years.
The fees for years 1 to 3 are paid in one payment at registration
The annual fees for years 1 to 3 are paid as one payment for all 3 years, within 3 months from receipt of the decision to grant (Fee Regulation, Art. 8(5)). [1] The patent right is registered only when these 3 years are paid (Patent Act, Art. 79(1)). [2]
The amount for the 3 years is KRW 39,000 plus KRW 36,000 per claim. [1] A patent with 10 claims pays KRW 399,000.
After the 3 months, the fee can still be paid within 6 months with an additional fee of 3% to 18% (Fee Regulation, Art. 8(6)). [1] If the fee is not paid in that period either, the patent application is deemed abandoned (Patent Act, Art. 81(3)). [2]
Until 31 December 2029, KRW 10,000 is deducted if the patent certificate is issued electronically. [1] Before the amendment of 27 February 2026, this date was 31 December 2026. [1]
From year 4, each fee is paid during the preceding year
The annual fees from year 4 are paid one year at a time, each year, during the preceding year counted from the registration date (Fee Regulation, Art. 8(8)). [1] The fee for year 4 is paid by the last day of year 3. The fee for year 5 is paid by the last day of year 4.
Take a patent with a registration date of 15 March 2024. The normal payment period for the year 4 fee ends on 15 March 2027. The year 5 fee is paid by 15 March 2028.
MOIP gives the example of a patent with a registration date of 4 February 2015. For this patent, MOIP states that the expiration date of the normal payment period for the year 4 fee is 4 February 2018. [8] The same guide states that the expiration date of the normal payment period is the anniversary of the registration date for the year concerned. [8]
The expiration date of the normal payment period for each patent can be checked in the annual fee column of the patent register (등록원부) or in the Patent Storage (특허보관함) menu of PatentRo (특허로, the e-filing portal of MOIP). [8]
If the payment date is a public holiday, the fee can be paid by the first working day after that date (Fee Regulation, Art. 8(2)). [1] Public holidays in this provision include Saturdays. [1] Article 14, subparagraph 4 of the Patent Act also provides that a period whose last day is a public holiday or a Saturday expires on the next day. [2]
Annual fees are paid by filing a payment form (Enforcement Rules of the Decree on Registration of Patent Rights (특허권 등의 등록령 시행규칙), Form 25). [5] The payment form is not needed if the fee is paid within the normal payment period with the designated payer number (지정납부자번호) notified by the Minister of Intellectual Property (Art. 13(4) of the same Rules). [5]
An interested party who is not the patentee can also pay the annual fees (Patent Act, Art. 80(1)). [2]
Several years can be paid in advance, with a 10% deduction for 3 years or more
The patentee can pay the annual fees from year 4 for several years, or for all remaining years, in one payment, in the order of the years. [1][2] The basis is Article 79(2) of the Patent Act and Article 8(11) of the Fee Regulation. [1][2]
If annual fees from year 4 whose payment period has not yet ended are paid for 3 years or more in one payment, 10% of the total is deducted (Fee Regulation, Art. 8(11)). [1] For a patent with 10 claims, the fees for years 4 to 6 are KRW 708,000. Paid in one payment, they are KRW 637,200.
If the annual fee amounts change after such a payment, the changed amounts are deemed to have been paid (latter part of the same paragraph). [1]
If the patent right is abandoned after advance payment, the annual fees for the years after the year of abandonment can be refunded (Patent Act, Art. 84(1), subparagraph 6). [2]
After the due date, late payment with an additional fee is possible for 6 months
After the normal payment period ends, the annual fee can still be paid within 6 months (Patent Act, Art. 81(1)). [2] An additional fee of 3% to 18% of the annual fee is added, depending on the time elapsed (Fee Regulation, proviso to Art. 8(8)). [1] In the example above, the period for late payment for the year 4 fee runs until 15 September 2027.
| Time after the last day of the normal payment period | Additional fee |
|---|---|
| Before 1 month has passed | 3% |
| Before 2 months have passed | 6% |
| Before 3 months have passed | 9% |
| Before 4 months have passed | 12% |
| Before 5 months have passed | 15% |
| Before 6 months have passed | 18% |
If the fee is not paid in the period for late payment either, the patent right is deemed to have lapsed (deemed to have expired). The lapse takes effect retroactively from the day after the end of the period covered by the annual fees already paid (Patent Act, Art. 81(3)). [2]
The requirements for reinstatement of a patent after a lapse change on 16 March 2027. The current Article 81-3 of the Patent Act has two routes to reinstatement. Under paragraph (3), the patentee pays twice the annual fee and requests reinstatement within 3 months from the expiration date of the period for late payment. [2] Under paragraph (1), if there is good cause, the fee can be paid within 2 months from the date on which that cause ceased to exist. [2] Payment under paragraph (1) is no longer possible once 1 year has passed from the expiration date of the period for late payment. [2]
The amending Act promulgated on 15 September 2026 merges the two routes into one. Under the amended Article 81-3(1), the patentee pays an amount set by Prime Ministerial Decree and requests reinstatement within 1 year from the expiration date of the period for late payment. [4] Cases in which the fee was intentionally not paid are excluded. [4] The amended provision applies to cases in which the period for late payment ends on or after 16 March 2027. [4]
The amounts were reduced on 1 August 2023
The current annual fees are the amounts reduced by the amendment in force from 1 August 2023. [1][3]
| Year | Before the amendment (per year) | After the amendment in force from 1 August 2023 (per year) |
|---|---|---|
| Years 1 to 3 | KRW 15,000 + KRW 13,000 per claim | KRW 13,000 + KRW 12,000 per claim |
| Years 4 to 6 | KRW 40,000 + KRW 22,000 per claim | KRW 36,000 + KRW 20,000 per claim |
| Years 7 to 9 | KRW 100,000 + KRW 38,000 per claim | KRW 90,000 + KRW 34,000 per claim |
| Years 10 to 12 | KRW 240,000 + KRW 55,000 per claim | KRW 216,000 + KRW 49,000 per claim |
| Years 13 to 25 | KRW 360,000 + KRW 55,000 per claim | KRW 324,000 + KRW 49,000 per claim |
The previous amounts remain in two cases. If the decision to grant was sent before 1 August 2023, the fees for the first 3 years are charged at the previous amounts (Fee Regulation, Addenda to No. 517 (in force from 1 August 2023), Art. 6(2)). [1] The previous amounts also apply to annual fees that should have been paid within a payment period before that date and were not paid (Art. 6(3) of the same Addenda). [1]
These are the only two cases in which Article 6 of the Addenda to No. 517 keeps the previous amounts. [1] Annual fees from year 4 whose normal payment period ends in 2026 are therefore paid at the current amounts in attached Table 1. [1] The filing date and the registration date do not affect these amounts. [1]
Individuals and small and medium-sized enterprises receive a 50% reduction from year 4
Attached Table 5 of the Fee Regulation reduces the annual fees from year 4 by 50% for individuals, small and medium-sized enterprises under the Framework Act on Small and Medium Enterprises (중소기업기본법) and certain other patentees. [1] For mid-sized enterprises (middle-standing enterprise), the reduction is 30% for years 4 to 9. [1] An individual qualifies only when the inventor and the patentee are the same person (attached Table 5, Note 2). [1]
The persons who qualify for a reduction are defined by Korean statutes. [1] Subparagraph 1 of attached Table 5 states no nationality or address requirement for an individual. [1] The 2026 edition of the SME Scope Guide (중소기업 범위해설) of the Ministry of SMEs and Startups (중소벤처기업부) states that a foreign corporation established under foreign law cannot be assessed as a small and medium-sized enterprise. [9] The amounts in this article are without any reduction.
Example: 1, 10 and 20 claims
The figures assume a patentee with no fee reduction. Agent fees are not included.
| Item | 1 claim | 10 claims | 20 claims |
|---|---|---|---|
| Years 1 to 3, paid at registration (3 years) | KRW 75,000 | KRW 399,000 | KRW 759,000 |
| Years 4 to 6 (per year) | KRW 56,000 | KRW 236,000 | KRW 436,000 |
| Years 7 to 9 (per year) | KRW 124,000 | KRW 430,000 | KRW 770,000 |
| Years 10 to 12 (per year) | KRW 265,000 | KRW 706,000 | KRW 1,196,000 |
| From year 13 (per year) | KRW 373,000 | KRW 814,000 | KRW 1,304,000 |
| Total for years 1 to 10 | KRW 880,000 | KRW 3,103,000 | KRW 5,573,000 |
If the year 4 fee for a patent with 10 claims is paid within 1 month after the due date, the additional fee is KRW 7,080. If it is paid in the sixth month, the additional fee is KRW 42,480.
How Korea differs
Korea charges annual fees only after registration, every year, and in proportion to the number of claims.
| Office | Reference date | Payment schedule | Advance payment | Date of the source |
|---|---|---|---|---|
| Korea | Registration date | Years 1 to 3 in one payment at registration, then every year from year 4 | Possible for several years or for all remaining years | In force from 27 February 2026 [1] |
| United States | Date of issue of the patent | Three payments, at 3.5, 7.5 and 11.5 years | Not possible (only in the 6 months before each due date) | Page updated 2 September 2025 [6] |
| EPO | Filing date | Every year from the third year from filing, also while the application is pending | From 6 months before the due date for the third year, and from 3 months before for later years | EPC 2020 [7] |
In the United States, maintenance fees are paid without a surcharge between 3 and 3.5 years, 7 and 7.5 years, and 11 and 11.5 years from the date of issue. [6] The USPTO states that they cannot be paid earlier. [6] In Korea, by contrast, the fees for all remaining years can be paid in advance. [1]
Renewal fees for a European patent application are due from the third year counted from the filing date, and are paid to the EPO while the application is pending (EPC, Art. 86(1)). [7] The due date is the last day of the month that contains the anniversary of the filing date (EPC, Rule 51(1)). [7] Korea has no annual fee during the pendency of the application, and the reference date is the registration date. [2]
US maintenance fees are flat amounts that do not depend on the number of claims. In the fee schedule updated on 14 August 2026, the undiscounted fee due at 3.5 years is USD 2,150. [6] Korean annual fees are proportional to the number of claims. [1]
What applicants should do
- In general, we suggest managing annual fee due dates by the registration date, not by the filing date. If Korean patents are entered as they are into a docket built on US or European rules, the due dates will be wrong.
- We suggest completing payment a few days before the expiration date of the normal payment period, which is the anniversary of the registration date. It is better to check the expiration date for each patent in the patent register first.
- We suggest reviewing which claims to keep before paying the fees for years 4, 7, 10 and 13, when the rate steps up.
- For patents that will clearly be kept, the 10% deduction for paying 3 years or more in one payment is worth considering. It does not suit patents that may be abandoned along the way.
- Some online calculators and guides still give the amounts from before the amendment in force from 1 August 2023. We suggest checking the amounts against the amendment date of attached Table 1 of the Fee Regulation.
Please confirm the due dates and amounts for an individual patent with your agent.
FAQ
Are annual fees paid in Korea while the application is pending?
No. Korean annual fees arise from the time of registration (Patent Act, Art. 79(1)). [2]
Are the annual fees for years 1, 2 and 3 paid separately?
No. The fees for years 1 to 3 are paid as one payment for all 3 years, within 3 months from receipt of the decision to grant. [1]
Some guides give KRW 40,000 plus KRW 22,000 per claim per year for years 4 to 6. Is that wrong?
Those are the amounts from before the amendment in force from 1 August 2023. [3] For years 4 to 6 whose payment period falls due now, the fee is KRW 36,000 plus KRW 20,000 per claim, per year. [1]
Does the patent lapse immediately if an annual fee due date is missed?
No. For 6 months after the normal payment period, the fee can be paid with an additional fee of 3% to 18%. [1][2] If the fee is not paid in that period either, the patent right is deemed to have lapsed. [2]
Are there reductions for annual fees?
Yes. Individuals, small and medium-sized enterprises under the Framework Act on Small and Medium Enterprises and certain other patentees receive a 50% reduction of the annual fees from year 4. [1] For mid-sized enterprises, the reduction is 30% for years 4 to 9. [1]
How DEFINE IP Law Firm handles this
DEFINE IP Law Firm manages annual fee due dates for Korean patents by the registration date. Before payment for a year in which the rate changes, we confirm with the applicant which claims to keep. For questions about annual fees for Korean patents and about whether to keep them, please write to contact@defineip.kr.
Sources
- Ministry of Intellectual Property (지식재산처), Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2098, in force from 27 February 2026. Article 2(2), subparagraph 1, Article 8(2), 8(5), 8(6), 8(8) and 8(11), attached Tables 1 and 5, Addenda to No. 517 (1 August 2023) Art. 6. https://www.law.go.kr/법령/특허료등의징수규칙 (verified 8 October 2026)
- Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Articles 14, 79, 80, 81, 81-3, 84 and 88. https://www.law.go.kr/법령/특허법 (verified 8 October 2026)
- Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Ordinance of the Ministry of Trade, Industry and Energy (산업통상자원부령) No. 499, in force from 4 February 2023 (amounts before the amendment). Attached Table 1. Version history at https://www.law.go.kr/법령/특허료등의징수규칙 (verified 8 October 2026)
- Patent Act (특허법), Act No. 21955, promulgated on 15 September 2026, to enter into force on 16 March 2027. Article 81-3, Addenda Arts. 1 and 2. Version history at https://www.law.go.kr/법령/특허법 (verified 8 October 2026)
- Enforcement Rules of the Decree on Registration of Patent Rights (특허권 등의 등록령 시행규칙), Prime Ministerial Decree No. 2062, in force from 28 November 2025. Article 13(4), Form 25. https://www.law.go.kr/법령/특허권등의등록령시행규칙 (verified 8 October 2026)
- USPTO, Maintain your patent, page updated 2 September 2025. https://www.uspto.gov/patents/maintain and USPTO Fee Schedule, updated 14 August 2026. https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule (verified 8 October 2026)
- EPO, European Patent Convention, Article 86 and Rule 51. https://www.epo.org/en/legal/epc/2020/a86.html , https://www.epo.org/en/legal/epc/2020/r51.html (verified 8 October 2026)
- Ministry of Intellectual Property (지식재산처), Industrial Property Registration System > Registration Procedure > [Maintenance registration (patents, utility models, design rights)] Annual registration (산업재산권 등록제도 > 등록신청 절차 > [유지등록 (특허·실용신안·디자인권)] 연차등록). https://www.kipo.go.kr/ko/kpoContentView.do?menuCd=SCD0200208 (verified 8 October 2026)
- Ministry of SMEs and Startups (중소벤처기업부), 알기 쉽게 풀어 쓴 중소기업 범위해설 (SME Scope Guide), 2026 edition, published December 2025. Case 15. https://www.mss.go.kr/site/smba/ex/bbs/List.do?cbIdx=147 (verified 9 October 2026)