Brief summary
- Yes, for the reductions that do not depend on the status of the applicant. A PCT national phase application receives a 70% reduction of the fee for request for examination if the Ministry of Intellectual Property (지식재산처, MOIP) prepared the international search report or the international preliminary examination report. The reduction is 10% if the request for examination is filed with an international search report prepared by the European Patent Office.
- The 70% reduction for individuals applies when the inventor and the applicant are the same person, with no distinction between Korean and foreign nationals. The 70% reduction for small and medium-sized enterprises covers enterprises under the Framework Act on Small and Medium Enterprises (중소기업기본법). A foreign corporation established under foreign law is not assessed under that Act. The Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙) has no reduction based on small entity status recognized in another country.
- After registration, 10% is deducted when annual fees from year 4 are paid for three or more years at once. This does not depend on the status of the applicant.
Reduction rates are taken from the Regulation on the Collection of Patent Fees, etc. (Prime Ministerial Decree No. 2098) in force from 27 February 2026. Last verified on 9 October 2026.
Last verified
Fee reductions at a glance
As of October 2026.
| Reduction | Requirement | Amount | Basis |
|---|---|---|---|
| Fee for request for examination, PCT national phase | MOIP prepared the international search report or the international preliminary examination report | 70% of the fee for request for examination | Fee Regulation, Art. 10(5), subparagraph 1 |
| Fee for request for examination, PCT national phase | The request for examination is filed with an international search report prepared by the European Patent Office | 10% of the fee for request for examination | Fee Regulation, Art. 10(5), subparagraph 3 |
| Lump-sum payment of annual fees | Annual fees from year 4 whose payment period has not passed are paid for three or more years at once | 10% of the total | Fee Regulation, Art. 8(11) |
| Electronic patent certificate | The patent certificate is issued as an electronic document (until 31 December 2029) | KRW 10,000 off the annual fees for the first three years | Fee Regulation, Art. 8(5) |
| Individual | An individual who is both the inventor and the applicant | 70% of the application fee, the fee for request for examination and the annual fees for the first three years; 50% of the annual fees from year 4 | Fee Regulation, attached Table 5, subparagraph 1 |
| Individual aged 19 to 29, or 65 or older | An individual who is both the inventor and the applicant | 85% of the application fee, the fee for request for examination and the annual fees for the first three years; 50% of the annual fees from year 4 | Fee Regulation, attached Table 5, subparagraph 1 |
| Small and medium-sized enterprise | A small and medium-sized enterprise under Art. 2(1) of the Framework Act on Small and Medium Enterprises | 70% of the application fee, the fee for request for examination and the annual fees for the first three years; 50% of the annual fees from year 4 | Fee Regulation, attached Table 5, subparagraph 2 |
| Mid-sized enterprise | A mid-sized enterprise (middle-standing enterprise) under the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises (중견기업 성장촉진 및 경쟁력 강화에 관한 특별법) | 30% of the application fee, the fee for request for examination and the annual fees for the first three years; 30% of the annual fees for years 4 to 9 | Fee Regulation, attached Table 5, subparagraph 8 |
| Joint research with a small and medium-sized enterprise | A small and medium-sized enterprise and a party that is not one carry out joint research under a contract and file the result jointly | 50% of the application fee, the fee for request for examination and the annual fees for the first three years | Fee Regulation, attached Table 5, subparagraph 7 |
The first four rows do not ask who the applicant is. The last five rows require a particular status of the applicant. [1]
Status-based reductions are defined by categories of Korean law
The status-based reductions in the Fee Regulation cover applicants who fall within categories defined by Korean law. The basis is Article 83(2) of the Patent Act (특허법). This provision allows annual fees and official fees to be reduced for three groups. The first group is recipients of medical benefits. The second group is persons who reside or have their main office in an area for which a state of disaster or a special disaster area has been declared, and who meet the requirements. The third group is other persons prescribed by Prime Ministerial Decree. [2] Article 7(1) of the Fee Regulation divides these into exemptions (attached Table 4), reductions (attached Table 5) and temporary reductions (attached Table 6). [1]
Among the articles and attached Tables of the Fee Regulation, only Article 10(4) states the nationality of the applicant as a requirement. [1] Article 10(4) concerns the search fee in the PCT international phase and is explained separately below. The Fee Regulation has no reduction based on small entity status recognized in another country. [1]
The reductions in attached Table 4 and attached Table 5 apply to patents, utility models and designs. [1] Trademarks are not covered. [5]
Individuals
Subparagraph 1 of attached Table 5 reduces the application fee, the fee for request for examination and the annual fees for the first three years by 70% for an individual. For a person aged 19 to 29 and for a person aged 65 or older, the rate is 85%. [1] Annual fees from year 4 to the end of the term of the patent are reduced by 50%. [1][4]
An individual receives the reduction only when the inventor is the same person as the applicant or the patentee (attached Table 5, Note 2). [1] The application fee reduction is limited to 20 applications per year for each type of right. Above 20 applications, the application fee is reduced by only 30% (attached Table 5, Note 3). [1]
An individual of foreign nationality also receives the 70% reduction. Subparagraph 1 of attached Table 5 states no nationality or address requirement for an “individual”. [1] The 2024 Patent Customer Counselling Casebook of MOIP gives the same answer. It states that an individual application in which the inventor and the applicant are the same person receives the 70% reduction with no distinction between Korean and foreign nationals. [10] The Republic of Korea chapter of the WIPO PCT Applicant’s Guide also lists the 70% reduction where the applicant is a natural person and the inventor, with no nationality condition. [12] The MOIP guidance lists the supporting document for the individual reduction as “none”. [5]
Small and medium-sized enterprises and mid-sized enterprises
Subparagraph 2 of attached Table 5 covers small and medium-sized enterprises under Article 2(1) of the Framework Act on Small and Medium Enterprises. The application fee, the fee for request for examination and the annual fees for the first three years are reduced by 70%. [1] Annual fees from year 4 to the end of the term of the patent are reduced by 50%. [1] For a mid-sized enterprise, the application fee, the fee for request for examination and the annual fees for the first three years are reduced by 30%. The annual fees for years 4 to 9 are also reduced by 30% (attached Table 5, subparagraph 8). [1]
A small and medium-sized enterprise under Article 2(1) of the Framework Act on Small and Medium Enterprises is an enterprise that carries on business for profit. It must meet the criteria for sales, total assets and independence. [7] MOIP lists five supporting documents for small and medium-sized enterprises: an income statement, a standard income statement, an SME criteria review form, an SME confirmation certificate, and a venture business confirmation certificate or similar document. A copy of the business registration certificate must be filed with each of the five. [6]
A foreign corporation established under foreign law is not assessed as a small and medium-sized enterprise. The 2026 edition of the SME Scope Guide (중소기업 범위해설) of the Ministry of SMEs and Startups (중소벤처기업부) states this. The reason given is that the Framework Act on Small and Medium Enterprises is domestic law. The guide also states that a branch office or a liaison office of a foreign corporation in Korea is not covered by the Act. [11] A foreign corporation that files in its own name is therefore not eligible for the reduction under subparagraph 2 of attached Table 5. [1][11]
A Korean corporation in which a foreign corporation has invested is in a different position. The same guide states that a Korean corporation in which a foreign person or a foreign corporation has invested can be a small and medium-sized enterprise if it meets the SME scope criteria. [11] However, an enterprise is excluded if its largest shareholder is a corporation with total assets of KRW 500 billion or more that owns 30% or more of its shares, etc. This corporation includes a foreign corporation (Enforcement Decree of the Framework Act on Small and Medium Enterprises, Art. 3(1), subparagraph 2 (b)). [7]
For mid-sized enterprises, MOIP lists as the supporting document the mid-sized enterprise confirmation certificate issued by the Federation of Middle Market Enterprises of Korea (한국중견기업연합회). [5]
Joint filing with a Korean small and medium-sized enterprise
A 50% reduction applies when a small and medium-sized enterprise and a party that is not one carry out joint research under a contract and file the result jointly (attached Table 5, subparagraph 7 and Note 5). [1] It covers the application fee, the fee for request for examination and the annual fees for the first three years of patents and utility models. [1] Annual fees from year 4 are not covered by this subparagraph. [1]
When joint applicants have different reduction rates, the average reduction rate applies. However, the average reduction rate applies only when all joint applicants are eligible for a reduction (Fee Regulation, Art. 7(5)). [1]
Subparagraph 7 and Note 5 of attached Table 5 do not state the nationality or the place of establishment of the “party that is not a small and medium-sized enterprise” as a requirement. [1]
For PCT national phase applications, the fee for request for examination depends on the International Searching Authority
An international application for which MOIP prepared either the international search report or the international preliminary examination report receives a 70% reduction of the fee for request for examination in the Korean national phase (Fee Regulation, Art. 10(5), subparagraph 1). [1][3] The international search report here means one prepared by an MOIP examiner (Enforcement Rules of the Patent Act, Art. 106-11(1)). [8] An international search report prepared by another International Searching Authority is not an international search report under subparagraph 1. [3][8] The Republic of Korea chapter of the WIPO PCT Applicant’s Guide lists the same 70% reduction. [12]
A 10% reduction applies when the request for examination is filed with an international search report prepared by a foreign government patent office designated by public notice of the Minister of Intellectual Property (Fee Regulation, Art. 10(5), subparagraph 3). [1] The MOIP national phase guidance states that the European Patent Office (EPO) is currently the only office that has agreed to this reduction. The version revised on 2 October 2025 writes “European Patent Office”. The version revised on 15 October 2025 writes “European government patent office”. [3]
Neither reduction depends on the nationality or the size of the applicant. [1] The current Article 10(5), subparagraph 1 applies to international applications for which examination is requested on or after 9 July 2019 (Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 341, Art. 7). [1]
To receive the reduction, the applicant states the ground and the scope of the reduction in the document under Article 203 of the Patent Act or in the written request for examination, and attaches the supporting document (Fee Regulation, Art. 10(8) and Art. 7(6)). [1] The document under Article 203 of the Patent Act is the document that the applicant of an international patent application files within the period for submitting domestic documents. [2]
The international phase search fee is reduced by 75% for applicants from 13 countries
For an international application that designates MOIP as the International Searching Authority, the search fee is reduced by 75% for applicants from certain countries (Fee Regulation, Art. 10(4)). [1] The applicant must be a national of a country designated by public notice of the Minister of Intellectual Property and must have an address or place of business in that country. For a joint application, every applicant must qualify. [1]
The designated countries are the Philippines, Indonesia, Vietnam, Mongolia, Sri Lanka, Malaysia, Thailand, Mexico, Peru, Colombia, Cambodia, Laos and Cabo Verde (MOIP Notification No. 2026-12, subparagraph 7). [9] This reduction concerns the search fee in the international phase. It is separate from the official fees in the Korean national phase. [1]
After registration, lump-sum payment reduces annual fees by 10%
A patentee can pay the annual fees from year 4 for several years, or for all remaining years, at once. When annual fees from year 4 whose payment period has not passed are paid for three or more years at once, 10% is deducted from the total (Fee Regulation, Art. 8(11)). [1] This provision does not require any particular status of the patentee. [1]
If the patent certificate is issued as an electronic document, KRW 10,000 is deducted from the annual fees for the first three years. This applies until 31 December 2029 (Fee Regulation, Art. 8(5)). [1]
A reduction that was not claimed can be recovered within five years
An applicant who paid the full amount because the ground for reduction was not stated, or because the supporting document was not attached, can recover the reduced portion. Within five years from the date of payment, the applicant files a request for fee reduction after payment together with a document proving that the reduction applied at the time (Fee Regulation, Art. 7(8)). [1][6] The same procedure applies mutatis mutandis to the reduction of the fee for request for examination under Article 10(5) (Fee Regulation, Art. 10(9)). [1]
There is a sanction for obtaining a reduction under Article 83(2) of the Patent Act by fraud or other improper means. The Minister of Intellectual Property can collect twice the reduced amount (Patent Act, Art. 83(4); Fee Regulation, Art. 13-2(1)). [1][2] For one year from the date on which the notice is served, no reduction provision of the Fee Regulation applies to that applicant or patentee (Fee Regulation, Art. 13-2(3)). [1]
Example
Assumptions: a PCT national phase application, international filing date 1 March 2024, 20 claims at the request for examination, no status-based reduction.
The fee for request for examination is KRW 166,000 plus KRW 51,000 per claim (Fee Regulation, Art. 2(1), subparagraph 7). [1] This amount applies to applications filed on or after 1 August 2023 (Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 517, Art. 3(2)). [1] Applications filed before that date pay the previous amount of KRW 143,000 plus KRW 44,000 per claim. [1] An international application is deemed a patent application filed on its international filing date (Patent Act, Art. 199(1)). [2]
| Office that prepared the international search report | Reduction rate | Reduction | Fee for request for examination payable |
|---|---|---|---|
| MOIP | 70% | KRW 830,200 | KRW 355,800 |
| European Patent Office | 10% | KRW 118,600 | KRW 1,067,400 |
| Any other office | None | KRW 0 | KRW 1,186,000 |
What applicants should do
- In general, when choosing the International Searching Authority for a PCT application, we suggest including the reduction of the Korean fee for request for examination in the cost comparison. The more claims there are, the larger the amount of the 70% reduction.
- At entry into the Korean national phase, we suggest checking that the ground for reduction is stated in the document under Article 203 of the Patent Act and in the written request for examination.
- Where the full amount has already been paid, it is worth reviewing whether a request for fee reduction after payment is possible before five years pass from the date of payment.
- We suggest that a foreign corporation does not budget on the assumption of a Korean status-based reduction.
- For a patent that will be maintained for a long time after registration, it is worth reviewing lump-sum payment of the annual fees from year 4 for three or more years.
- Please confirm with a Korean agent whether a reduction applies in an individual case.
FAQ
Can small entity status recognized in the home country be used to obtain a reduction in Korea?
The Regulation on the Collection of Patent Fees, etc. has no reduction based on status recognized in another country. [1] The reduction for small and medium-sized enterprises covers small and medium-sized enterprises under Article 2(1) of the Framework Act on Small and Medium Enterprises. [1] The guide of the Ministry of SMEs and Startups states that a foreign corporation established under foreign law cannot be assessed as a small and medium-sized enterprise. [11]
Is the fee for request for examination also reduced for a PCT application whose international search report was prepared by the US, Japanese or Chinese patent office?
According to the MOIP national phase guidance, the European Patent Office is currently the only foreign office that has agreed to the 10% reduction. [3] On that guidance, an international search report prepared by the US, Japanese or Chinese patent office does not qualify for the 10% reduction. [3] The 70% reduction applies when MOIP prepared the international search report or the international preliminary examination report. [1]
The fee for request for examination was paid in full without stating a ground for reduction. Can the difference be recovered?
Yes. Within five years from the date of payment, the applicant files a request for fee reduction after payment and the supporting document (Fee Regulation, Art. 7(8) and Art. 10(9)). [1]
Are there reductions for individuals or small and medium-sized enterprises in trademark applications?
No. The reductions in attached Table 4 and attached Table 5 apply to patents, utility models and designs, and trademarks are not covered. [1][5]
Does a foreign corporation also receive the 10% deduction for lump-sum payment of annual fees?
Article 8(11) of the Fee Regulation does not require any particular status of the patentee. [1] The requirement is that annual fees from year 4 whose payment period has not passed are paid for three or more years at once. [1]
How DEFINE IP Law Firm handles this
DEFINE IP Law Firm checks whether a ground for reduction exists when preparing the documents for entry into the Korean national phase. The criteria we check are the office that prepared the international search report and the type of applicant. For questions about fee reductions for Korean applications, 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(1), subparagraph 7, Article 7, Article 8(5) and (11), Article 10(4), (5), (8) and (9), Article 13-2, attached Table 4, attached Table 5, Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 341 (9 July 2019) Art. 7, Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 517 (1 August 2023) Art. 3. The previous fee for request for examination, which applies to applications filed before 1 August 2023, is from Article 2(1), subparagraph 7 of the version in force from 4 February 2023 (Ordinance of the Ministry of Trade, Industry and Energy No. 499). https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
- Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Articles 83, 199 and 203. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), PCT international application procedure > National phase (PCT국제출원 절차 > 국내단계), last updated 15 October 2025. https://www.kipo.go.kr/ko/kpoContentView.do?menuCd=SCD0200129 (verified 9 October 2026). The version revised on 2 October 2025 is a web archive copy. https://web.archive.org/web/20251011125715/https://www.kipo.go.kr/ko/kpoContentView.do?menuCd=SCD0200129 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Fee reduction system (수수료 감면제도), last updated 3 February 2026. https://www.kipo.go.kr/ko/kpoContentView.do?menuCd=SCD0200378 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), PatentRo (특허로), Fee guide: reductions of patent fees, registration fees and official fees (수수료정보안내: 특허료, 등록료 및 수수료의 감면 안내), updated 16 July 2026. https://www.patent.go.kr/smart/jsp/ka/menu/fee/main/FeeMain01.do (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), MOIP Customer Service Center (특허고객상담센터), frequently asked questions “수수료를 감면 받을 수 있나요?” and “수수료 사후감면신청은 어떻게 해야 하나요?”, no posting date shown. https://www.kipo.go.kr/kcall/faqRead.do?curMenuCd=SCD0300093&pgmSeq=65&pgmId=PGM0000014&sysCd=SCD03&urlDo=cFaqChargeList.do and pgmSeq=67 at the same address (verified 9 October 2026)
- Framework Act on Small and Medium Enterprises (중소기업기본법), Act No. 21290, in force from 1 July 2026. Article 2. Enforcement Decree of the same Act (중소기업기본법 시행령), Presidential Decree No. 35947, in force from 2 January 2026. Article 3(1). https://www.law.go.kr/법령/중소기업기본법 (verified 9 October 2026)
- Enforcement Rules of the Patent Act (특허법 시행규칙), Prime Ministerial Decree No. 2115, in force from 14 May 2026. Article 106-11. https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Amounts of Fees for International Applications under the Patent Cooperation Treaty and Payment Procedure (특허협력조약에 의한 국제출원수수료의 금액 및 납부요령), MOIP Notification No. 2026-12, in force from 1 June 2026. https://www.law.go.kr/admRulInfoP.do?admRulSeq=2100000279894 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), ministry interpretation “수수료를 감면·면제 받을 수 있는 조건은 어떻게 됩니까?” (from the 2024 Patent Customer Counselling Casebook), collected by the Korean Law Information Center on 24 November 2025. https://www.law.go.kr/LSW/cgmExpcInfoP.do?cgmExpcDatSeq=6507750&ofiClsCd=350137 (verified 9 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)
- WIPO, PCT Applicant’s Guide, Republic of Korea, updated 24 July 2026. https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=KR&doc-lang=en (verified 9 October 2026)