How does Korean patent practice differ from US practice?

Chanjoong Kim, Partner · Published 26 October 2026

Last verified 9 October 2026

The differences between Korea and the United States at a glance

Amounts are not included in this table. In the table, “Act” means the Korean Patent Act, “Enforcement Rules” means the Enforcement Rules of the Patent Act, and “Fee Regulation” means the Regulation on the Collection of Patent Fees, etc. The US column states only what was read in the US statute (35 U.S.C.), the regulations (37 CFR) and the Manual of Patent Examining Procedure (MPEP). [1][3][4][5][6][7]

In Korea, examination starts only when a request for examination is filed

In Korea, a patent application is examined only when a request for examination has been filed (Patent Act, Art. 59(1)). [1] Any person may file a request for examination within 3 years from the filing date of the patent application (paragraph (2) of the same Article, main clause). [1] If no request for examination is filed in this period, the patent application is deemed withdrawn (paragraph (5) of the same Article). [1] A request for examination cannot be withdrawn (paragraph (4) of the same Article). [1]

There is a restoration provision for an applicant who failed to observe this period due to good cause. The request for examination can be filed within 2 months from the date on which the cause ceases to exist. However, it cannot be filed after 1 year from the expiration date of the period (Art. 67-3(1)). [1]

There are two cases in which the applicant cannot file a request for examination. They are the case in which the claims are not stated in the specification and the case in which the Korean translation of a patent application in a foreign language has not been filed (Art. 59(2), proviso). [1] For a divisional application, a separational application (splitting-off), a converted application and an application filed by the legitimate right holder, a request for examination can be filed within 30 days from the date on which that application is filed, even after the 3 years have passed (paragraph (3) of the same Article). [1]

The 3 years apply to patent applications filed on or after 1 March 2017. The previous provision applies to patent applications filed before that date (Addenda to Act No. 14035, Art. 19). [1] The previous Article 59(2) set this period at 5 years. [8]

35 U.S.C. 131 provides that the Director causes an examination to be made of the application and the invention. [5] This provision does not state a procedure in which the applicant separately requests examination. [5] However, 35 U.S.C. 131 does not apply to a US provisional application (35 U.S.C. 111(b)(8)). [5]

For details, see “When must examination be requested in Korea?“.

An application without claims and the disclosure exception follow different procedures

In Korea, a patent application can be filed without stating the claims in the specification. However, the description of the invention must be stated (Patent Act, Art. 42-2(1)). [1] In that case, a provisional specification (임시 명세서) that does not follow the prescribed description method can be filed (Enforcement Rules of the Patent Act, Art. 21(5)). [3] The applicant must make an amendment that states the claims by the date 1 year and 2 months from the date under the applicable subparagraph of Article 64(1) (Art. 42-2(2), main clause). [1] If there is a priority claim, the date under the subparagraphs of Article 64(1) is the filing date of the application on which the priority claim is based, and if there are two or more, it is the earliest priority date among them. If there is no priority claim, it is the filing date of the patent application. [1] The time limit changes if, before that time limit, the applicant is notified that a person other than the applicant has filed a request for examination. It is then the earlier of the date 3 months from the date of receipt of the notice and the date 1 year and 2 months mentioned above (proviso to the same paragraph). [1] If the amendment is not made, the patent application is deemed withdrawn on the day after the time limit (paragraph (3) of the same Article). [1] Article 42-2 does not apply to an international patent application (Art. 199(2)). [1]

A US provisional application is an application that does not need claims (35 U.S.C. 111(b)(2)). [5] Unless a request is made to treat it as a nonprovisional application, a US provisional application is regarded as abandoned 12 months after its filing date (35 U.S.C. 111(b)(5)). [5] To receive the benefit of a US provisional application, the nonprovisional application must be filed within 12 months from the filing date of the US provisional application (35 U.S.C. 119(e)(1)). [5] The same paragraph allows the Director to prescribe regulations that extend these 12 months by a further 2 months where the delay was unintentional. [5]

To make a priority claim under the Treaty in Korea, the patent application must be filed within 1 year from the filing date of the first application on which the claim is based (Patent Act, Art. 54(2)). [1] A patent application that claims priority based on an earlier patent application or utility model application filed in Korea must be filed within 1 year from the filing date of the earlier application (Patent Act, Art. 55(1), subparagraph 1). [1]

The disclosure exception differs in procedure, not in the length of the period. In Korea, the patent application must be filed within 12 months from the date on which the invention was disclosed (Patent Act, Art. 30(1)). [1] There are two steps for applying this provision to a disclosure made by the person with the right to obtain a patent (subparagraph 1 of the same paragraph). The applicant must state the disclosure exception claim in the written patent application at filing, and must file the supporting documents within 30 days from the filing date of the patent application (paragraph (2) of the same Article). [1] The case in which the application was laid open or the registration was published, in Korea or abroad, under a treaty or an Act is excluded from subparagraph 1. [1]

If the disclosure exception claim was not stated at filing, it can be supplemented. The applicant pays the supplementary fee and files a document stating the disclosure exception claim, or the supporting documents, in the period in which an amendment can be made under Article 47(1). They can also be filed within 3 months from the date on which the certified copy of a decision such as the decision to grant is served, or until the date when the applicant intends to have the grant of the patent registered if that date is earlier (Art. 30(3)). [1] In an international patent application, the document stating the disclosure exception claim and the supporting documents can be filed until 30 days after the reference date (Patent Act, Art. 200; Enforcement Rules, Art. 111). [1][3] The reference date is the expiration date of the period for submitting domestic documents. If the applicant filed a request for examination within that period, it is the date of that request (Patent Act, Art. 201(5)). [1] If the period for submitting the Korean translation was extended, the period for submitting domestic documents here means the extended period (proviso to paragraph (1), and paragraph (3), of the same Article). [1]

35 U.S.C. 102(b)(1) excludes from prior art a disclosure made 1 year or less before the effective filing date by the inventor or a joint inventor. The same applies to a disclosure made by a person who obtained the subject matter directly or indirectly from the inventor. [5] This provision does not state a requirement to state a claim to that effect at filing. [5] This provision applies to the applications set out in Pub. L. 112-29 §3(n)(1), such as an application that has contained, at any time, a claim with an effective filing date on or after 16 March 2013, and to the patents on those applications. [5][7]

The end point for counting the period also differs. The US effective filing date is the filing date of the earliest application for which a right of priority or the benefit of an earlier filing date is recognized. If there is no such application, it is the actual filing date (35 U.S.C. 100(i)(1)). [5] For an application with a priority claim under the Treaty, Article 54(1) of the Korean Patent Act deems the filing date in the country party to the treaty to be the filing date of the patent application in the Republic of Korea. That deeming applies when Articles 29 and 36 are applied. [1] Article 30 is not stated in that scope. [1]

Therefore, even if a priority claim under the Treaty is made based on a US application, the 12 months are counted to the date of filing in Korea. The Examination Guidelines state the same. An application with a priority claim under the Treaty must be filed in Korea within 12 months from the date of the act such as the disclosure for Article 30 to apply (Patent Examination Guidelines (특허·실용신안 심사기준), Part 3, Chapter 2, 5.5.3(5)). [9] A priority claim based on a Korean application is different. Article 55(3) includes Article 30(1) among the provisions for which the patent application is deemed filed at the time the earlier application was filed. [1] An international patent application is deemed a patent application filed on its international filing date (Art. 199(1)). [1]

For details, see “Does Korea have a provisional patent application?” and “What is the grace period under the disclosure exception in Korea?”.

The Korean Patent Act has no provision equivalent to the US duty of disclosure

37 CFR 1.56 imposes a duty on each individual associated with the filing and prosecution of an application. It is a duty to disclose to the USPTO all information known to that individual to be material to patentability. [6] The individuals are the inventors, the attorneys or agents who prepare or prosecute the application, and other persons who are substantively involved in the application (37 CFR 1.56(c)). [6] This duty continues until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned. [6] The same section provides that no patent is granted on an application in which this duty was violated through bad faith or intentional misconduct. [6]

The Patent Act in force from 11 November 2025 has no provision that requires an applicant or an agent to submit, on their own initiative, the prior art known to them. [1] There are three provisions in the Patent Act under which an applicant states matters about prior art or submits materials. First, the description of the invention must state the background art of the invention (Patent Act, Art. 42(3), subparagraph 2). [1] Failure to meet this requirement is a ground for rejection (Art. 62, subparagraph 4). [1] Of Article 42(3), only subparagraph 1 is included in the grounds for a trial for invalidation (Art. 133(1), subparagraph 1). [1] Second, the examiner may order the submission of materials where this is necessary for the examination of a patent application with a priority claim under the Treaty. The materials are those on the results of examination in the country where the application on which the priority claim is based was filed. If there are no results of examination, the applicant files a written argument stating that fact (Art. 63-3). [1] Third, the Minister of Intellectual Property (지식재산처장) may set a period and require the applicant of an international patent application to submit copies of documents. The documents are those cited in the international search report or the international preliminary examination report (Art. 211). [1]

For details, see “What does Article 42 of the Korean Patent Act require of the description and claims?”.

The period for responding to a notice of grounds for rejection and the routes after a decision of rejection differ

When notifying a ground for rejection, the Korean examiner sets a period and gives an opportunity to file a written argument (Patent Act, Art. 63(1)). [1] This period for submission of a written argument is set within 4 months (Enforcement Rules of the Patent Act, Art. 16(1), subparagraph 2). [3] However, where time is needed for tests and the measurement of results, the period is set at the time needed for them (proviso to the same paragraph). [3] The examiner may shorten or extend the period that the examiner has set upon request, and may extend it ex officio (Patent Act, Art. 15(2)). [1] The range of within 4 months was set by the amendment that entered into force on 11 July 2025. Before that, Article 16(1) of the Enforcement Rules set this range at within 2 months. [8] The Addenda to that amending rule (Ordinance of the Ministry of Trade, Industry and Energy No. 609) contain only the enforcement date. [8]

In the United States, the statute sets the upper limit. If the applicant fails to prosecute the application within 6 months after the notice, the application is regarded as abandoned. If the Director has fixed a shorter time of not less than 30 days, that time applies (35 U.S.C. 133). [5] MPEP 710.02(b) states the shortened statutory period for reply to an action on the merits as 3 months. [7] The applicant can extend this period by filing a petition and paying the fee. The extension runs until the earlier of 5 months after the set period and the statutory maximum (37 CFR 1.136(a)(1)). [6] This does not apply in the cases listed in the same paragraph, such as where the notice states otherwise. [6]

An applicant who has received a decision of rejection in Korea has two routes. One is to amend the specification or the drawings and request re-examination (Patent Act, Art. 67-2(1)). [1] The other is to file an appeal against the examiner’s decision to reject a patent application (trial on rulings rejecting patent applications) (Art. 132-17). [1] The period for both is within 3 months from the date on which the certified copy of the decision of rejection is served. [1] The Minister of Intellectual Property may extend the period for filing a petition for trial only once, by not more than 30 days (Art. 15(1), main clause), and in that case the period for requesting re-examination is also the extended period. [1] There is an additional extension for a person in a remote area or an area with poor access to transport. The number of extensions is 1, and the period is not more than 30 days (Art. 15(1), proviso; Enforcement Rules, Art. 16(4)). [1][3] The 3 months apply to patent applications for which the certified copy of the decision of rejection is served on or after 20 April 2022 (Addenda to Act No. 18505, Arts. 7 and 11). [1] Before that, Article 67-2(1) set this period at 30 days. [8]

There are three cases in which re-examination cannot be requested. They are the case in which a decision to grant or reject has already been made upon re-examination, the case in which a petition for trial under Article 132-17 has been filed, and the case in which the patent application is a separational application (Art. 67-2(1), proviso). [1] Even where a petition for trial has been filed, the case in which the decision of rejection has been revoked under Article 176(1) is excluded from the second case. [1] A request for re-examination cannot be withdrawn (paragraph (4) of the same Article). [1] An applicant on whom the certified copy of a decision to grant has been served can also request re-examination until the grant of the patent is registered (paragraph (1) of the same Article). [1] This provision applies to patent applications for which the certified copy of the decision to grant is served on or after 20 April 2022 (Addenda to Act No. 18505, Art. 7). [1] Before that, Article 67-2(1) provided only for re-examination of a decision of rejection. [8]

A US request for continued examination is made in an application in which prosecution is closed, by filing a submission and paying the fee (37 CFR 1.114(a)). [6] Prosecution is closed where the application is under appeal or the last Office action is a final rejection, a notice of allowance or the like (37 CFR 1.114(b)). [6] The request must be made before the earliest of the times set in paragraph (a) of the same section, such as payment of the issue fee and abandonment of the application. [6] This provision does not apply to the applications listed in paragraph (e) of the same section, such as a US provisional application and an application for a design patent. [6] An appeal to the Patent Trial and Appeal Board can be made by an applicant whose claims have been twice rejected (35 U.S.C. 134(a)). [5] The notice of appeal is filed within the time period for reply under 37 CFR 1.134 (37 CFR 41.31(a)(1)). [6]

For details, see “How long do I have to respond to a Korean office action? Period for submission of a written argument, extensions and fees“, “What is re-examination in Korea, and when should it be requested?” and “How do I appeal a decision of rejection in Korea?“.

A divisional application can be filed only in set periods

For an applicant who has kept applications continuing in the United States, the first thing to check in Korea is the period for a divisional application. 35 U.S.C. 120 sets when a later application receives the benefit of the earlier filing date. This is where the later application is filed before the patenting or abandonment of, or termination of proceedings on, the earlier application. [5] The later application must contain a specific reference to the earlier application, and must name an inventor or joint inventor of the earlier application as an inventor. [5] 37 CFR 1.78(d)(2) requires the later application to identify whether it is a continuation, divisional or continuation-in-part of the earlier application. [6]

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

The period under Article 47(1) differs before and after a notice of grounds for rejection is received. An amendment can be made until the certified copy of the decision to grant is served, but after a notice of grounds for rejection has been received, an amendment can be made only in the period for submission of a written argument under that notice and when re-examination is requested (Art. 47(1)). [1] A patent application in a foreign language can be divided only if the Korean translation has been filed (Art. 52(1), proviso). [1]

A divisional application must be made within the scope of the matters stated in the specification or drawings initially attached to the written patent application of the original application (Art. 52(1)). [1] A divisional application that goes beyond this scope is a ground for rejection and a ground for a trial for invalidation (Art. 62, subparagraph 6; Art. 133(1), subparagraph 7). [1]

The 3 months under Article 52(1), subparagraph 2 apply to divisional applications based on a patent application for which the certified copy of the decision of rejection is served on or after 20 April 2022 (Addenda to Act No. 18505, Art. 3(1)). [1]

After an appeal against the decision to reject is dismissed, there is the separational application. It can be filed within 30 days from the date on which the certified copy of that trial decision is served. If the presiding administrative patent judge has set an additional period under Article 186(5), that period applies (Art. 52-2(1)). [1] The claims of a separational application can state only the claims under the subparagraphs of the same paragraph, such as claims that were not rejected. [1] A separational application cannot be the basis of a new separational application, a divisional application or a converted application (paragraph (4) of the same Article). [1] The separational application applies to patent applications for which an appeal against the decision to reject is filed on or after 20 April 2022 (Addenda to Act No. 18505, Art. 4). [1]

For details, see “When can I file a divisional application in Korea?” and “Can an application be kept pending in Korea like a US continuation?”.

Official fees are charged for each claim, and the patent fees are paid every year

The Korean fee for request for examination of a patent is the amount per case plus an amount added for each claim (Regulation on the Collection of Patent Fees, etc., Art. 2(1), subparagraph 7). [4] If claims are added by amendment after the request for examination, an official fee is paid for each added claim (subparagraph 9 of the same paragraph). [4] For an amendment made in the period for submission of a written argument, only the claims added by the last amendment in that period are counted. An amendment made when re-examination is requested (Patent Act, Art. 47(1), subparagraph 3) is excluded from subparagraph 9. [4] The patent fees are also the amount for each year plus an amount added for each claim (Fee Regulation, attached Table 1). [4] These provisions contain no wording that distinguishes independent claims from dependent claims. [4]

The United States charges fees for claims in excess of a base number. The fee is charged for each independent claim in excess of 3, and for each claim in excess of 20 in total (37 CFR 1.16(h), (i)). [6]

In Korea, a person who intends to have the grant of a patent registered must pay the patent fees for 3 years from the registration date. The patentee pays the patent fees for the following years one year at a time, each year, based on the anniversary of the registration date (Patent Act, Art. 79(1)). [1] The patent fees from year 4 are paid in the preceding year (Fee Regulation, Art. 8(8)). [4] The patent fees for several years or for all years can also be paid together (Patent Act, Art. 79(2)). [1] Even after the payment period has passed, the patent fees can be paid late within 6 months (Art. 81(1)). [1] If they are not paid in the period for late payment either, the patent right is deemed to have been extinguished retroactively. The time of extinguishment is the day after the end of the period covered by the patent fees that were paid (Art. 81(3)). [1] If the period for late payment has ended but the period for payment of under-paid patent fees has not ended, this is when the under-paid patent fees are not paid in that period. [1]

The reinstatement provision after extinguishment is in Article 81-3. Where, due to good cause, the patent fees were not paid in the period for late payment or the under-paid patent fees were not paid in the period for payment of under-paid patent fees, they can be paid within 2 months from the date on which the cause ceases to exist. However, this is not possible after 1 year from the later of the expiration date of the period for late payment and the expiration date of the period for payment of under-paid patent fees (paragraph (1) of the same Article). [1] A patentee whose patent right has been extinguished can also pay 2 times the patent fees and request reinstatement within 3 months from the expiration date of the period for late payment or of the period for payment of under-paid patent fees (paragraph (3) of the same Article). [1] Article 81-3 changes on 16 March 2027. The changes are stated in the section below.

US maintenance fees are paid three times. They are paid 3 years and 6 months, 7 years and 6 months, and 11 years and 6 months after grant (35 U.S.C. 41(b)(1)). [5] If the fee is not paid within the grace period of 6 months after the due date either, the patent expires at the end of that grace period (35 U.S.C. 41(b)(2)). [5] The Director may accept a maintenance fee after the grace period if the Director finds that the delay was unintentional (35 U.S.C. 41(c)(1)). [5] The periods in which the fee can be paid without a surcharge run from 3 years, 7 years and 11 years after grant, respectively, to 6 months after that (37 CFR 1.362(d)). [6] Design patents and plant patents have no maintenance fees (35 U.S.C. 41(b)(3)). [5]

For details, see “How much does each claim cost in a Korean patent application?” and “How much are Korean patent annual fees, and when are they due?“.

The procedures for challenging a patent after registration and the cap on damages differ

Any person may file a Korean request for revocation of a granted patent. The period runs from the registration date of the patent right until the date 6 months after the date of publication of registration (Patent Act, Art. 132-2(1)). [1] There are two grounds. They are a violation of Article 29 and a violation of Article 36(1) to (3). Of Article 29, the case that falls under paragraph (1), subparagraph 1 of that Article and the case in which the invention could easily be made from such an invention are excluded. [1] A request for revocation of a granted patent cannot be filed on a ground based on the prior art under Article 87(3), subparagraph 7 that was published in the Patent Gazette (Art. 132-2(2)). [1] The prior art under Article 87(3), subparagraph 7 is the information about prior art that was included in the grounds for rejection notified by the examiner. [1] The request for revocation of a granted patent applies to patent rights for which the grant is registered on or after 1 March 2017 (Addenda to Act No. 14035, Art. 10). [1]

A Korean trial for invalidation is requested by an interested party or an examiner (Art. 133(1)). [1] On the ground in the main clause of subparagraph 2 of the same paragraph, only the person with the right to obtain a patent can request it. [1] It can be requested even after the patent right has been extinguished (paragraph (2) of the same Article). [1] The provision of Article 133(1) before amendment applies to patent rights for which the grant was registered before 1 March 2017 (Addenda to Act No. 14035, Art. 21). [1]

A petition for US post-grant review is filed by a person who is not the owner of the patent. The petition can be filed only until the date 9 months after the date of the grant of the patent. For a reissue patent, it is until the date 9 months after the date of its issuance (35 U.S.C. 321(a), (c)). [5] Post-grant review applies only to patents from the applications set out in Pub. L. 112-29 §3(n)(1). The exception listed in §6(f)(2)(A) of the same Act is separate. [5] The applications under §3(n)(1) include an application that has contained, at any time, a claim with an effective filing date on or after 16 March 2013. [5][7] A petition for inter partes review is filed after the later of the date 9 months after the date of grant and, if a post-grant review is instituted, the date of its termination (35 U.S.C. 311(c)). [5] In inter partes review, only a ground under 35 U.S.C. 102 or 103 can be raised. The basis must be prior art consisting of patents or printed publications (35 U.S.C. 311(b)). [5] The time limit in 35 U.S.C. 311(c) does not apply to a petition against a patent that is not a patent under §3(n)(1) (Pub. L. 112-274 §1(d)(1)). [5]

The cap on the enhancement of damages also differs. If the act of infringement is found to be intentional, a Korean court may set the damages at not more than 5 times the amount recognized as damages (Patent Act, Art. 128(8)). [1] In determining the damages, the court must consider the eight factors in paragraph (9) of the same Article, such as whether the infringer has a superior position. [1] The 5 times apply to violations that occur on or after 21 August 2024 (Addenda to Act No. 20322, Art. 2). [1] Before that, Article 128(8) set the cap at 3 times. [8] The 3-times provision entered into force on 9 July 2019 and applied from the first case in which a violation occurred after its entry into force (Addenda to Act No. 16208, Arts. 1 and 3). [1] A US court may increase the damages up to 3 times the amount found or assessed (35 U.S.C. 284). [5] The wording of 35 U.S.C. 284 does not state a requirement of intent. [5]

For details, see “What is a request for revocation of a granted patent in Korea, and what is its deadline?”, “How does a trial for invalidation work in Korea?” and “When are enhanced damages available in Korea?”.

How this relates to the amendment that enters into force on 16 March 2027

There is an amended Patent Act (Act No. 21955) that was promulgated on 15 September 2026 and enters into force on 16 March 2027. Of the Articles of the Patent Act cited in this article, those whose wording changes in the amended Patent Act are Article 81-3 and Article 87(2), subparagraph 4. The wording of the other Articles is the same as the current wording. [2]

The amended Article 81-3(1) does not contain the requirement of good cause. It covers the case in which the patent application is abandoned or the patent right is extinguished because the patent fees were not paid in the period for late payment or the under-paid patent fees were not paid in the period for payment of under-paid patent fees. The case in which they were intentionally not paid is excluded. [2] Reinstatement can be requested by paying an amount set by Prime Ministerial Decree within 1 year from the later of the expiration date of the period for late payment and the expiration date of the period for payment of under-paid patent fees. [2] The current Article 81-3(3) is deleted. [2] Article 87(2), subparagraph 4 changes to match the wording of the amended Article 81-3(1). [2]

The amended provisions of Article 81-3 and Article 87(2) apply to cases in which the period for late payment or the period for payment of under-paid patent fees expires on or after 16 March 2027 (Addenda to Act No. 21955, Art. 2). [2] The Addenda contain only the enforcement date and this applicability provision. [2] As of 9 October 2026, the Regulation on the Collection of Patent Fees, etc. and the Enforcement Rules of the Patent Act have no promulgated version scheduled to enter into force. [3][4]

FAQ

Does examination start automatically when a Korean application is filed based on a US application?

No. In Korea, a patent application is examined only when a request for examination has been filed (Patent Act, Art. 59(1)). [1] If no request for examination is filed within 3 years from the filing date of the patent application, the patent application is deemed withdrawn (paragraphs (2) and (5) of the same Article). [1]

Does Korea also have the US continuation application?

What the Korean Patent Act provides is the divisional application. A divisional application can be filed only in the three periods set by Article 52(1). [1] After a decision to grant, the period is within 3 months from the date on which the certified copy is served, or until the date when the applicant intends to have the grant of the patent registered if the period up to that date is shorter than 3 months (subparagraph 3 of the same paragraph). [1] In the United States, an application filed before the patenting or abandonment of, or termination of proceedings on, the earlier application receives the benefit of the earlier filing date (35 U.S.C. 120). [5]

Can a disclosure before filing that caused no problem in the United States be a problem in Korea?

Yes, it can. In Korea, the patent application must be filed within 12 months from the date of the disclosure (Patent Act, Art. 30(1)). [1] For a disclosure made by the person with the right to obtain a patent, the disclosure exception claim must be stated in the written patent application, and the supporting documents must be filed within 30 days from the filing date of the patent application (paragraph (2) of the same Article). [1] Even if a priority claim under the Treaty is made based on a US application, the 12 months are counted to the date of filing in Korea (Patent Examination Guidelines, Part 3, Chapter 2, 5.5.3(5)). [9] If the supplementary fee is paid, the document stating the disclosure exception claim and the supporting documents can be filed in the periods set by Article 30(3). [1]

How many times are maintenance fees paid for a Korean patent?

The Korean patent fees are paid for 3 years at registration of the grant of the patent, and from the following year for 1 year each year (Patent Act, Art. 79(1)). [1] The patent fees for several years or for all years can also be paid together (paragraph (2) of the same Article). [1] US maintenance fees are paid three times, 3 years and 6 months, 7 years and 6 months, and 11 years and 6 months after grant (35 U.S.C. 41(b)(1)). [5]

How DEFINE IP Law Firm handles this

When DEFINE IP Law Firm handles a Korean application based on a US application, we first check the points where the time limits differ from the United States. They are the period for the request for examination, the statement of the disclosure exception claim, and the periods in which a divisional application can be filed. When a decision to grant is received, we ask the applicant whether a divisional application is needed before the patent fees are paid. For questions about the differences between Korean and US patent procedure, please write to contact@defineip.kr.

Sources

1. Patent Act (특허법) (Act No. 21134), in force from 11 November 2025. Articles 15, 30, 42, 42-2, 47, 52, 52-2, 54, 55, 59, 62, 63, 63-3, 64, 67-2, 67-3, 79, 81, 81-3, 87, 128, 132-2, 132-17, 133, 199, 200, 201 and 211; Addenda (Act No. 14035) Arts. 1, 10, 19 and 21; Addenda (Act No. 16208) Arts. 1 and 3; Addenda (Act No. 18505) Arts. 1, 3, 4, 7 and 11; Addenda (Act No. 20322) Arts. 1 and 2. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
2. Patent Act (특허법) (Act No. 21955), promulgated on 15 September 2026, scheduled to enter into force on 16 March 2027. Art. 81-3, Art. 87, the Articles compared with the current version, Addenda Arts. 1 and 2. History of https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
3. Enforcement Rules of the Patent Act (특허법 시행규칙) (Prime Ministerial Decree No. 2115), in force from 14 May 2026. Arts. 16, 21 and 111; the list of versions in the history. https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)
4. Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙) (Prime Ministerial Decree No. 2098), in force from 27 February 2026. Art. 2(1), subparagraphs 7 and 9; Art. 2(2), subparagraph 1; Art. 8(8); attached Table 1; the list of versions in the history. https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
5. United States Code, 2024 Edition, Title 35 (as of 6 January 2025). 35 U.S.C. 41(b) and (c), 100(i), 102(b), 111(b), 119(e), 120, 121, 131, 133, 134, 284, 311 and 321, and the notes to those sections (Pub. L. 112-29 §3(n) and §6(f)(2), Pub. L. 112-274 §1(d)(1)). U.S. Government Publishing Office. https://www.govinfo.gov/app/collection/uscode (verified 9 October 2026). Whether there were amendments after 6 January 2025 was checked in the text of Public Law 119-1 to 119-118 (30 September 2026). https://www.govinfo.gov/app/collection/plaw (verified 10 October 2026)
6. Code of Federal Regulations, Title 37 (eCFR, as of 7 October 2026). 37 CFR 1.16(h) and (i), 1.56, 1.78(d), 1.114, 1.134, 1.136(a), 1.362 and 41.31. https://www.ecfr.gov/current/title-37 (verified 9 October 2026)
7. United States Patent and Trademark Office, Manual of Patent Examining Procedure § 710.02(b) [R-07.2015], § 2159 [R-11.2013], pages last modified 9 March 2026. https://www.uspto.gov/web/offices/pac/mpep/s710.html , https://www.uspto.gov/web/offices/pac/mpep/s2159.html (verified 9 October 2026)
8. Previous versions. Patent Act (특허법) (Act No. 14112, in force from 30 June 2016) Art. 59(2); Patent Act (특허법) (Act No. 18409, in force from 18 February 2022) Art. 67-2(1); Patent Act (특허법) (Act No. 20200, in force from 7 August 2024) Art. 128(8); Enforcement Rules of the Patent Act (특허법 시행규칙) (Ordinance of the Ministry of Trade, Industry and Energy No. 579, in force from 1 November 2024) Art. 16(1), and the Addenda to the amending rule (Ordinance of the Ministry of Trade, Industry and Energy No. 609, in force from 11 July 2025). History of https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
9. Patent Examination Guidelines (특허·실용신안 심사기준) (MOIP Established Rule No. 7), in force from 13 March 2026. Part 3, Chapter 2, 5.5.3(5). https://www.law.go.kr/행정규칙/특허·실용신안심사기준 (verified 9 October 2026)