How many claims should I keep when entering Korea?

Chanjoong Kim, Partner · Published 26 October 2026

Last verified 9 October 2026

Key rules at a glance

As of October 2026.

The fee for request for examination of KRW 166,000 plus KRW 51,000 per claim applies to applications filed on or after 1 August 2023. The amount of KRW 51,000 for each added claim applies to applications filed on or after 1 May 2024. For a PCT application, the filing date is the international filing date. For earlier applications, see “The number of claims becomes a fixed cost at the request for examination” below.

Korean law sets no upper limit on the number of claims

Korean patent law has no provision that limits how many claims can be stated. Article 42(4) of the Patent Act (특허법) provides only that the claims must contain one or more claims. [1] The manner of stating the claims is left to a Presidential Decree (Patent Act, Art. 42(8)). [1]

Article 5(2) of the Enforcement Decree of the Patent Act requires claims to be stated in a reasonable number according to the nature of the invention. [2] This provision contains no number.

The Patent Examination Guidelines (특허·실용신안 심사기준) give four examples of claims that are not in “a reasonable number”. The first is one claim that states two or more inventions in different categories. The second is one claim that has two or more claimed subjects. The third is claims with identical wording stated more than once. The fourth is one claim that refers to many claims in multiple layers within that claim. [5]

All four examples concern the way a claim is written. A large number of claims in itself is not among the examples. [5]

Failure to comply with Article 5 of the Enforcement Decree is a ground for rejection. Article 62, subparagraph 4 of the Patent Act makes failure to meet the requirements of Article 42(8) a ground for rejection. [1]

The amended Patent Act that is scheduled to enter into force on 16 March 2027 (Act No. 21955) does not change the provisions cited in this article. [8]

The number of claims becomes a fixed cost at the request for examination

The fee for request for examination is KRW 166,000 plus KRW 51,000 for each claim (Fee Regulation, Art. 2(1), subparagraph 7). [3] No claims are free.

Under the Examination Guidelines, the number of claims for the fee for request for examination is counted per claim, with no distinction between independent and dependent claims. A claim that refers to two or more claims is also counted as one claim. [5]

The claims used to calculate the fee for request for examination are the claims at the time of the request. Under the Examination Guidelines, if claims were added or removed by amendment before the request, the claims as last amended are used. If an amendment is filed together with the request, the claims at that time are used. [5]

Deleting claims after the request for examination does not bring the fee for request for examination back. Article 84(1) of the Patent Act lists the grounds for refund and provides for a refund only in those cases. [1] Deletion of claims is not among them. The Examination Guidelines also state that the fee for request for examination for deleted claims is not refunded. [5]

Apart from payment by mistake, the fee for request for examination is refunded when the patent application is withdrawn or abandoned. If the application is withdrawn or abandoned before a notice of grounds for rejection or the like is issued, the full amount is refunded (Patent Act, Art. 84(1), subparagraph 5). [1] If this happens after a notice of non-final rejection and before the period for submission of a written argument ends, one third is refunded (Art. 84(1), subparagraph 5-2). [1]

A request for examination cannot be withdrawn (Patent Act, Art. 59(4)). [1]

If claims are added by amendment after the request for examination, KRW 51,000 is paid for each added claim (Fee Regulation, Art. 2(1), subparagraph 9). [3] The Examination Guidelines count the newly added claims regardless of the deleted claims. If one claim is deleted and five claims are newly added, the fee for five claims is paid. [5] If several amendments are filed within the period for submission of a written argument set in a notice of grounds for rejection, only the claims added by the last amendment are counted. [3]

An amendment filed with a request for re-examination is not subject to this additional fee (parenthetical in Fee Regulation, Art. 2(1), subparagraph 9). [3] The fee for request for re-examination is KRW 100,000 plus KRW 10,000 for each claim (Art. 2(1), subparagraph 7-2). [3]

The number of claims also counts in the trial request fee for an appeal against the examiner’s decision to reject a patent application (trial on rulings rejecting patent applications). If the petition is filed electronically, the fee is KRW 150,000 plus KRW 15,000 for each claim (Fee Regulation, Art. 2(3), subparagraph 1). [3] The details of how claims are counted for this appeal are set by the President of the Intellectual Property Trial and Appeal Board in a Public Notice (Notification). [3]

The amounts depend on the filing date.

The fee for request for examination increased with the amendment in force from 1 August 2023 (Ordinance of the Ministry of Trade, Industry and Energy No. 517). Article 3(2) of its Addenda provides that the previous provisions apply where the patent application was filed before the amendment took effect. [3][4] Article 3 of the Addenda to the amendment in force from 1 May 2024 (Ordinance of the Ministry of Trade, Industry and Energy No. 556) works in the same way. An application filed before that amendment took effect pays the previous amount when claims are added after it took effect. [3][4]

For a PCT application, the filing date in the table above is the international filing date. It is not the date of entry into the Korean national phase. Under Article 199(1) of the Patent Act, an international application designating Korea is deemed a patent application filed on its international filing date. [1] The Examination Guidelines also state that, for an international patent application, the law is applied by reference to the international filing date and not to the date on which the document under Article 203(1) of the Patent Act was submitted. [5]

A PCT application can be amended in Korea only after the reference date

The claims of a PCT application can be amended in Korea only after the reference date. Article 208(1) of the Patent Act provides that no amendment can be made unless three requirements are all met. The official fees are paid, the Korean translation is filed, and the reference date has passed. [1] The Korean translation requirement does not apply to an international patent application filed in Korean (Art. 208(1), subparagraph 2, proviso). [1]

The reference date is the expiration date of the period for submitting domestic documents (국내서면제출기간). If the applicant requests examination within that period, the date of the request is the reference date (Patent Act, Art. 201(5)). [1] The period for submitting domestic documents is 2 years 7 months from the priority date (Art. 201(1)). [1] If the period for filing the Korean translation was extended, the expiration date of the extended period is the reference date (Art. 201(1), proviso, and Art. 201(3)). [1]

An applicant who filed in a foreign language files a Korean translation of the claims submitted by the international filing date (Patent Act, Art. 201(1), subparagraph 1). [1] An applicant who made an amendment under PCT Article 19 can instead file a Korean translation of the claims as amended (Art. 201(2)). [1] There are three ways to reduce the claims.

The translation of an amendment under PCT Article 19 or PCT Article 34 must be filed by the reference date. If the applicant requests examination within the period for submitting domestic documents, it must be filed by the time of the request (parenthetical in Patent Act, Art. 204(1)). [1] The amendment is then deemed to be an amendment made under Article 47(1) of the Patent Act (Arts. 204(2) and 205(2)). [1] If the translation is not filed by the reference date, the amendment is deemed not to have been filed (Arts. 204(4) and 205(3)). [1]

An amendment under PCT Article 19 or PCT Article 34 that is filed as a translation is reflected in the number of claims for the fee for request for examination. Under the Examination Guidelines, if this translation is filed by the reference date, the application is examined as if a voluntary amendment under Article 47 of the Patent Act had been made. [5] The fee for request for examination is calculated on the claims as last amended up to the request for examination. [5]

If examination is requested first, within the period for submitting domestic documents, an amendment in Korea can be made only after the request. Where the reference date is the date of the request, Article 208(1), subparagraph 3 requires that “the time when examination of the application was requested” has passed. [1] If claims are deleted by an amendment after the request, the fee for request for examination already paid is not refunded. [5]

If examination is not requested within the period for submitting domestic documents, the application can be amended after that period ends. The applicant can reduce the claims by amendment and then request examination. The period for requesting examination of a PCT application is 3 years from the international filing date. The Examination Guidelines state that it is not 3 years from the date on which the translation was filed. [1][5] The applicant can request examination only after filing the translation and paying the official fees (Patent Act, Art. 210, subparagraph 1). [1]

A ground for rejection in one claim affects the whole application

Grounds for rejection are notified claim by claim, but a decision of rejection is made for the application as a whole. Article 62 of the Patent Act provides that a decision of rejection is made if the patent application falls under a ground for rejection. [1] In the notice of grounds for rejection, the examiner must state specifically the claims that are rejected and the grounds (Patent Act, Art. 63(2)). [1]

The Examination Guidelines state that a decision of rejection can be made for the patent application if even one claim can be rejected. [5] One claim with a remaining ground for rejection can therefore decide the result of the whole application.

With several independent claims, unity of invention must also be considered. One patent application covers one invention or a group of inventions that form a single general inventive concept (Patent Act, Art. 45(1)). [1] Article 6 of the Enforcement Decree requires a technical relationship between the claimed inventions, and the same or corresponding technical features. [2]

The Examination Guidelines assess unity of invention starting from the independent claims. If there is no unity, the inventions in the same technical group as the first invention are given priority as the inventions to be examined. The remaining patentability requirements are examined for those inventions. [5] The fee for request for examination has already been charged for the claims that are left out of examination, because the fee is added for each claim. [3]

Lack of unity of invention is a ground for rejection but not a ground for invalidation. [5]

Removed claims can be claimed again by amendment or a divisional application

The periods in which removed claims can be put back are fixed. The applicant can amend the specification or drawings until a certified copy of the decision to grant is served. After receiving a notice of grounds for rejection, the applicant can amend only within the period for submission of a written argument and when requesting re-examination (Patent Act, Art. 47(1)). [1]

An amendment must stay within the matters described in the original specification or drawings (Patent Act, Art. 47(2)). [1] For a PCT application filed in a foreign language, the basis is the description of the invention, the claims or the drawings submitted by the international filing date (Art. 208(3)). [1] The amendment must also stay within the final Korean translation (Art. 208(4)). [1]

The room for amendment becomes narrower after a notice of grounds for rejection that addresses grounds caused by an amendment. An amendment of the claims within the period for submission of a written argument set in that notice, or when requesting re-examination, must fall under one of the subparagraphs of Article 47(3) of the Patent Act. These include narrowing the claims, correction of clerical errors and clarification of an ambiguous description. [1]

A divisional application can be filed in three periods (Patent Act, Art. 52(1)). [1]

• The period in which an amendment can be made under Article 47(1) of the Patent Act
• The period of 3 months from the date on which the certified copy of the decision of rejection is served. If the period for filing a petition for trial is extended, the extended period applies
• The period of 3 months from the date on which the certified copy of the decision to grant is served. The same applies to a certified copy of a trial decision revoking a decision of rejection, where it is a trial decision made to register a patent. If the date when the applicant intends to have the grant of the patent registered is earlier, the period ends on that date

The scope of a divisional application is also the matters described in the specification or drawings originally attached to the written patent application (Patent Act, Art. 52(1)). [1] For a PCT application, the description of the invention, the claims and the drawings submitted by the international filing date are the original specification and drawings (Patent Act, Art. 200-2(2)). [1] Subject matter removed from the claims can be the subject of a divisional application if it is described within this scope.

Claims can be reduced once more at registration

An applicant who has received a decision to grant can relinquish claims individually when paying the annual fees (Patent Act, Art. 215-2(1)). [1] The provision applies to a patent application with two or more claims. [1] An applicant who wishes to relinquish claims individually states this in the payment form (Enforcement Rules of the Patent Act (특허법 시행규칙), Art. 19-2). [9]

To obtain registration of the grant of a patent (registration of establishment of a patent right), the applicant must pay the annual fees for the first three years (Patent Act, Art. 79(1)). [1] The annual fee for each of years 1 to 3 is KRW 13,000 plus KRW 12,000 for each claim (Fee Regulation, attached Table 1). [3] For three years, this is KRW 39,000 plus KRW 36,000 per claim. The fees for the first three years are paid at once, within 3 months from receipt of the certified copy of the decision to grant (Fee Regulation, Art. 8(5)). [3]

From year 4, the amount added for each claim rises. It is KRW 20,000 per year for years 4 to 6 and KRW 34,000 per year for years 7 to 9. From year 10, it is KRW 49,000 per year (Fee Regulation, attached Table 1). [3]

The amounts in attached Table 1 were amended on 1 August 2023. If the certified copy of the decision to grant was sent before that date, the previous amounts apply to the first three years (Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 517, Art. 6(2)). [3]

Example: reducing 30 claims to 20

The figures are official fees for an application filed on or after 1 May 2024 with no fee reduction. For a PCT application, this means an international filing date on or after 1 May 2024. Agent’s fees and translation costs are not included. The deduction of KRW 10,000 for a patent certificate issued electronically is also not included (Fee Regulation, Art. 8(5)). [3]

Reducing 30 claims to 20 before the request for examination saves KRW 870,000 up to registration. This is KRW 510,000 of the fee for request for examination plus KRW 360,000 of the annual fees for the first three years.

If the same 10 claims are deleted after the request for examination, the KRW 510,000 of the fee for request for examination stays paid. Only the KRW 360,000 at registration and the later annual fees fall.

A calculation that includes the annual fees for later years is in the article “How much does each claim cost in a Korean patent application?“.

How Korea differs

Korea has no free allowance, so every claim in a claim set prepared for another country’s rules is charged.

The US amounts are those for an applicant with no small entity or micro entity reduction. [6]

A 20-claim set filed in the United States with no additional fee adds KRW 1,020,000 to the Korean fee for request for examination as the per-claim part. A 15-claim European set adds KRW 765,000. In the other direction, Korea has no additional fee charged because there are many independent claims. [3][5]

At the EPO, if amended claims are filed within the period under Rule 161, the claims fees are calculated on those claims (Rule 162(2) EPC). [7] For a Korean PCT application, as shown above, the way to reduce claims differs before and after the reference date.

The United States charges a separate USD 925 per application if it contains a multiple dependent claim (37 CFR 1.16(j)). [6] Korea counts a claim that refers to two or more claims as one claim. [5] However, a claim that refers to two or more claims must not refer to another such claim (Enforcement Decree of the Patent Act, Art. 5(6)). [2]

What applicants should do

• In general, we suggest deciding the claim set for Korea separately, before entry. If a set prepared for another country’s free allowance is carried over as it is, every claim is charged.
• We suggest finishing the reduction of claims before the request for examination. The fee for request for examination for claims deleted after the request does not come back.
• For a PCT application, we suggest first considering whether to use amendments under PCT Article 19 or PCT Article 34 in the international phase for the entry into Korea.
• We suggest choosing independent claims within the range in which unity of invention is kept. Independent claims that lack unity are better moved to the list of candidates for a divisional application.
• We suggest keeping dependent claims on the basis of whether they are candidates to be combined into an independent claim when a notice of grounds for rejection is issued. Subject matter described in the original specification and drawings can be claimed again by amendment or a divisional application within the fixed periods.
• After a decision to grant, we suggest reviewing once more whether to relinquish claims individually before paying the annual fees.
• Please confirm the claim structure of an individual case with your Korean agent.

FAQ

Is there a limit on the number of claims in Korea?

There is no numerical limit. Article 5(2) of the Enforcement Decree of the Patent Act only requires claims to be stated in a reasonable number according to the nature of the invention. [2]

Can a 20-claim US set or a 15-claim European set be used as it is?

Yes. However, Korea has no free allowance. The per-claim part of the fee for request for examination is KRW 1,020,000 for 20 claims and KRW 765,000 for 15 claims. [3] A structure in which a claim that refers to two or more claims refers to another such claim must be changed (Enforcement Decree of the Patent Act, Art. 5(6)). [2]

Is the fee for request for examination refunded if claims are deleted after the request for examination?

No. Deletion of claims is not among the refund grounds in Article 84(1) of the Patent Act. [1] The Examination Guidelines also state that the fee for request for examination for deleted claims is not refunded. [5]

Does the number of claims fall if dependent claims are combined into a claim that refers to several claims?

Yes. The Examination Guidelines count a claim that refers to two or more claims as one claim. [5] The numbers of the claims referred to must be stated in the alternative (Enforcement Decree of the Patent Act, Art. 5(5)). [2]

When can claims that were not reduced at entry be reduced?

This answer covers the case where examination was not requested within the period for submitting domestic documents. The claims can be reduced by amendment after that period ends and before the request for examination (Patent Act, Arts. 208(1) and 47(1)). [1] At the registration stage, claims can be relinquished individually when the annual fees are paid (Patent Act, Art. 215-2(1)). [1]

How DEFINE IP Law Firm handles this

DEFINE IP Law Firm manages the number of claims as a cost item during prosecution. We confirm with the applicant which claims to keep at two points: before the request for examination and before payment of the registration fee. Subject matter of claims that are removed is recorded separately as a candidate for a divisional application. For questions about claim structure when entering Korea, please write to contact@defineip.kr.

Sources

1. Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Articles 42, 45, 47, 52, 59, 62, 63, 79, 84, 199, 200-2, 201, 204, 205, 208, 210 and 215-2. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
2. Enforcement Decree of the Patent Act (특허법 시행령), Presidential Decree No. 35809, in force from 1 October 2025. Articles 5 and 6. https://www.law.go.kr/법령/특허법시행령 (verified 9 October 2026)
3. Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2098, in force from 27 February 2026. Article 2(1), subparagraphs 7, 7-2 and 9, Article 2(3), subparagraph 1, Article 8(5), attached Table 1, Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 517 (1 August 2023) Arts. 3 and 6, Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 556 (1 May 2024) Art. 3. https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
4. Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), previous versions: Ordinance of the Ministry of Trade, Industry and Energy No. 499 (in force from 4 February 2023), No. 517 (in force from 1 August 2023) and No. 556 (in force from 1 May 2024). Article 2(1), subparagraphs 7 and 9. Version history at https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
5. Ministry of Intellectual Property (지식재산처), Patent Examination Guidelines (특허·실용신안 심사기준), MOIP Established Rule No. 7, in force from 13 March 2026. Part 1, Chapter 7; Part 2, Chapter 4, 6.3; Part 2, Chapter 5, 4 and 8; Part 5, Chapter 1, 8; Part 5, Chapter 3, 4.6. https://www.law.go.kr/행정규칙/특허·실용신안심사기준 (verified 9 October 2026)
6. United States, 37 CFR 1.16(h), (i) and (j), eCFR as of 6 October 2026. https://www.ecfr.gov/current/title-37/section-1.16 (verified 9 October 2026)
7. EPO, Rule 45 EPC, Rule 162 EPC, Rules relating to Fees, Article 2(1), item 15, in force from 1 April 2026. https://www.epo.org/en/legal/epc/2020/r45.html , https://www.epo.org/en/legal/epc/2020/r162.html , https://www.epo.org/en/legal/epc/2020/f2.html (verified 9 October 2026)
8. Patent Act (특허법), Act No. 21955, promulgated on 15 September 2026, scheduled to enter into force on 16 March 2027. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
9. Enforcement Rules of the Patent Act (특허법 시행규칙), Prime Ministerial Decree No. 2115, in force from 14 May 2026. Article 19-2. https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)