How are Korean official fees paid from abroad?

Sangwook Je, Partner · Published 29 October 2026

Last verified 9 October 2026

At a glance

As of October 2026.

An applicant abroad pays through an agent in Korea

A person with no domicile or place of business in Korea can take patent-related procedures only through a patent administrator (특허관리인) (Patent Act, Art. 5(1)). [2] The Patent Act calls this person an “overseas resident” (재외자). [2] A patent administrator is an agent who has a domicile or place of business in Korea. [2]

The Patent Act provides two exceptions.

• An overseas resident can take procedures in person while staying in Korea. For a corporation, this applies when its representative is staying in Korea (Patent Act, Art. 5(1)). [2]
• An overseas resident who enters Korea through a PCT international application can take procedures without a patent administrator until the reference date (Patent Act, Art. 206(1)). [2]

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)). [2] The period for submitting domestic documents is 31 months from the priority date (Patent Act, Art. 201(1)). [2]

An overseas resident who has filed the Korean translation must appoint a patent administrator and notify the appointment within 2 months from the reference date (Patent Act, Art. 206(2); Enforcement Rules of the Patent Act (특허법 시행규칙), Art. 116). [2] [12] If the appointment is not notified, the international patent application is deemed withdrawn (Patent Act, Art. 206(3)). [2]

The MOIP English guidance tells an applicant with no domicile or place of business in Korea to appoint an agent. According to the guidance, that agent takes the procedures, including the payment of official fees. [3] The same guidance states that the agent does not have to be a patent attorney and that a power of attorney must be submitted. [3] The authority of an agent must be proved in writing (Patent Act, Art. 7). [2]

However, Article 21 of the Patent Attorney Act (변리사법) provides that a person who is not a patent attorney must not act as an agent under Article 2 of that Act. [11] Article 2 of the Patent Attorney Act defines acting as an agent before MOIP in patent matters as the business of a patent attorney. [11]

There are four payment methods, and all of them run on payment networks inside Korea

Article 8(12) of the Fee Regulation sets four payment methods. [1]

When a document is filed by post, a postal money order is enclosed (Art. 8(14)). [1]

The list of four methods in Art. 8(12) was introduced on 27 February 2026. The earlier provision allowed “electronic means using an information and communications network, such as internet giro” or cash. [8] The statement of reasons for the amendment says that it names credit cards, debit cards, telecommunications billing services and similar methods as additional electronic payment methods. [1] The amendment entered into force on the date of promulgation, and it has no applicability provision or transitional measure. [1]

The MOIP English guidance states that all official fees are paid either by direct deposit to a bank in Korea or by giro. [3] The same guidance gives the reason why payment from abroad is difficult. Online payment and internet giro cannot be used from abroad because of the certificate system used in Korea. [3] The same guidance states that official fees for domestic procedures are not paid directly to MOIP or to an MOIP account. [3] This English guidance was last updated on 10 February 2026, which is before the amendment of Art. 8(12). [3]

According to the guidance on PatentRo (특허로, the e-filing portal of the Ministry of Intellectual Property), a corporation pays official fees on PatentRo by account transfer. A small and medium enterprise can also use a credit card. [5] The same guidance lists credit card, mobile phone and account transfer as the methods for official fees paid by an individual. [5] The FAQ description quoted in the table above does not distinguish between individuals and corporations. [6] Account transfer requires a joint certificate. [5]

The time limit is the day after the receipt number is issued

An official fee must be paid by the day after the receipt number is issued (Fee Regulation, Art. 8(1), main clause). [1] The receipt number becomes the payer number. [1] An official fee paid after that next day is refunded (Art. 8(15)). [1]

If the payment date is a public holiday, the official fee is paid by the first working day after it. Saturdays and Workers’ Day (근로자의 날) are included in public holidays (Art. 8(2)). [1]

For a procedure whose official fee has not been paid, the Minister of Intellectual Property must set a period and order an amendment (Patent Act, Art. 46, subparagraph 3). [2] If a payer number was given together with the order to amend, the official fee is paid with that payer number within that period (Fee Regulation, Art. 8(1), subparagraph 4). [1] If the amendment is not made within the designated period (specified period), the Minister of Intellectual Property may invalidate the procedure (Patent Act, Art. 16(1)). [2]

The proviso to Art. 8(1) sets separate time limits for certain cases. [1] Three of them concern applicants abroad.

• For a PCT national phase application for which a translation must be filed, the receipt number is issued when the translation is filed, and the official fee is paid by the next day (Art. 8(1), subparagraph 5). [1]
• The patent fees for the first three years are paid at once within 3 months from receipt of the certified copy of the decision to grant (Art. 8(1), subparagraph 2; Art. 8(5)). [1]
• Patent fees from year 4 are paid one year at a time, each in the preceding year, counted from the registration date (Art. 8(1), subparagraph 2; Art. 8(8)). [1]

A patent fee can still be paid within 6 months after the payment period has expired (Patent Act, Art. 81(1)). [2] In that case, an additional fee of 3% to 18% of the patent fee is added, depending on the time elapsed (Fee Regulation, Art. 8(6) and the proviso to Art. 8(8)). [1] If the patent fee is not paid within the period for late payment either, a patent application not yet registered is deemed abandoned, and a patent right is deemed to have lapsed (deemed to have expired) (Patent Act, Art. 81(3)). [2]

A person who intends to pay by electronic means may be unable to pay in time because of a failure of the information and communications network or of MOIP equipment. In that case, the time limit is deemed to fall on the day after the failure is removed (Art. 8(13)). [1] An interruption for maintenance that the Minister of Intellectual Property announced in advance is excluded. [1]

Example: filing on a Friday

Assume that the patent administrator in Korea files the application and receives the receipt number on Friday, 16 October 2026.

In this example, the time limit is three days after the filing date. If the next day is a working day, it is one day after the filing date (Fee Regulation, Art. 8(1) and (2)). [1]

An interested party can also pay annual fees

An interested party can pay a patent fee regardless of the intention of the person who is liable to pay it (Patent Act, Art. 80(1)). [2] The MOIP guidance on annual registration states that an interested party is not required to show authorization or to explain its interest. [7]

According to the same guidance, an annual fee can be paid without filing a payment form, through the deposit-only account, a bank or post office, PatentRo, or internet giro. [7] However, a payment form must be filed if an exemption or reduction applies, or if the amount has changed. [7]

Automatic payment can also be requested for patent fees (Fee Regulation, Art. 8(16)). [1] Automatic payment is a system in which the amount is transferred automatically to the Treasury from a deposit account at a financial institution, as requested in advance (Guidelines on Automatic Payment of Patent Fees, etc. (특허료 등의 자동납부요령), Art. 3). [4] The request can be made only electronically through PatentRo (Art. 5(2) of the Guidelines). [4] The account must be a deposit account at a financial institution designated by MOIP (Art. 5(3)). [4]

An overseas resident cannot request automatic payment except through a patent administrator (Guidelines on Automatic Payment, Art. 5(6)). [4] The case in the proviso to Art. 8(16) of the Fee Regulation is excluded from this rule. [4] That proviso concerns an overseas resident who intends to pay automatically some of the PCT international application fees under Art. 10(1) of the Fee Regulation. In that case, the overseas resident may omit filing the request form. [1]

PCT international phase fees can be paid directly from abroad

According to the MOIP English guidance, an applicant in the PCT international phase can pay the fees directly to MOIP. The methods are wire transfer and credit card. [3] The same guidance gives the receiving bank and account. [3] This account is also used for other PCT fees that MOIP receives as an International Searching Authority or International Preliminary Examining Authority. [3]

The PCT international application number must be indicated on a wire transfer. The guidance also tells the applicant to take bank transfer charges into account so that the exact amount arrives. [3]

Credit card payment is made on the English screen “PCT Fees Payment” of PatentRo. The applicant enters the international application number and a password, retrieves the item to be paid, and then pays. [10] The screen states that Visa and Master Card are accepted and that there is no service charge for the payment. [10]

The scope for which the English guidance describes direct payment is the international phase. [3] Official fees in the Korean national phase are governed by Art. 8 of the Fee Regulation. For an application for which a translation must be filed, the time limit is set by Art. 8(1), subparagraph 5. [1]

A refund is requested by the person who received the notice or by an authorized person

Patent fees and official fees that have been paid are refunded only in the cases listed in the subparagraphs of Article 84(1) of the Patent Act. The refund is made at the request of the person who paid. [2] The refund request is filed by the addressee of the notice concerning the refund or by a person duly authorized (Guidelines for the Refund of Patent Fees, Registration Fees, Official Fees and Registration Tax (특허료·등록료와 수수료 및 등록세 반환요령), Art. 5). [9] A refund cannot be requested once 5 years have passed from the date of receipt of the notice from the Minister of Intellectual Property or the President of the Intellectual Property Trial and Appeal Board (특허심판원) (Patent Act, Art. 84(3)). [2]

The account field of the refund request form takes an account in the name of the requester (Refund Guidelines, Form 2). [9] An authorized person attaches a power of attorney when filing the request (Refund Guidelines, Art. 6(2), subparagraph 3). [9] The power of attorney form in the Refund Guidelines (Form 1) states the authorized matters as “filing the refund request and receiving the refunded amount”. [9]

What applicants should do

• In general, we suggest scheduling the remittance so that the official fees reach the agent in Korea before the document is filed. This is because the time limit is the day after the document is received.
• We suggest deciding in advance who will pay the annual fees after registration. Either the patent administrator or another interested party can pay, so each side may assume that the other is paying.
• We suggest confirming with the agent whether the power of attorney covers payment and receipt of refunds.
• When PCT international phase fees are remitted directly, check the remittance terms so that the amount that arrives is not reduced by bank charges.

FAQ

Can the application fee be wired from abroad to an MOIP account?

Official fees for domestic procedures are not paid that way. The MOIP English guidance states that official fees are not paid directly to MOIP or to an MOIP account. [3] What the same guidance says can be wired to MOIP is the PCT international phase fees. [3]

Must the agent be a patent attorney?

Article 5 of the Patent Act defines a patent administrator as an agent who has a domicile or place of business in Korea. [2] The MOIP English guidance states that the agent does not have to be a patent attorney. [3] However, Article 21 of the Patent Attorney Act provides that a person who is not a patent attorney must not act as an agent under Article 2 of that Act. [11]

What happens if the payment time limit is missed by one day?

An official fee paid after the day following the issue of the receipt number is refunded (Fee Regulation, Art. 8(15)). [1] For a procedure whose official fee has not been paid, the Minister of Intellectual Property sets a period and orders an amendment (Patent Act, Art. 46, subparagraph 3). [2] The steps after that differ from case to case and should be confirmed with the agent.

How DEFINE IP Law Firm handles this

DEFINE IP Law Firm confirms the amount of the official fees and the payment time limit before a document is filed. After registration, we confirm with the applicant who pays the annual fees. For questions about paying official fees for Korean applications, please write to contact@defineip.kr.

Sources

1. 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 8(1), (2), (5), (6), (8) and (12) to (16), Article 10(1), Addenda (Prime Ministerial Decree No. 2098), statement of reasons for the amendment. https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
2. Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Articles 5, 7, 16, 46, 80, 81, 84, 201 and 206. The main text of these articles is the same in Act No. 21955, scheduled to enter into force on 16 March 2027. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
3. Ministry of Intellectual Property (지식재산처), “Fees and Payments” (Patents & Utility Models), marked as last updated 10 February 2026. https://www.kipo.go.kr/en/HtmlApp?c=92004&catmenu=ek03_05_01 (verified 9 October 2026)
4. Ministry of Intellectual Property (지식재산처), Guidelines on Automatic Payment of Patent Fees, etc. (특허료 등의 자동납부요령), MOIP Notification No. 4, issued 30 October 2025. Articles 3 and 5. https://www.law.go.kr/행정규칙/특허료등의자동납부요령 (verified 9 October 2026)
5. Ministry of Intellectual Property (지식재산처), PatentRo (특허로), “수수료납부” (payment of official fees) guidance, no date shown. https://www.patent.go.kr/smart/jsp/ka/menu/fee/main/FeeMain02.do (verified 9 October 2026)
6. Ministry of Intellectual Property (지식재산처), frequently asked question “특허관련 수수료는 어떻게 납부해야 하나요?”, no date shown. https://www.kipo.go.kr/kcall/faqRead.do?curMenuCd=SCD0300093&pgmSeq=64&pgmId=PGM0000014&sysCd=64&urlDo=%2FcFaqChargeList.do (verified 9 October 2026)
7. Ministry of Intellectual Property (지식재산처), “[유지등록 (특허·실용신안·디자인권)] 연차등록” (annual registration), marked as last updated 16 December 2025. https://www.kipo.go.kr/ko/kpoContentView.do?menuCd=SCD0200208 (verified 9 October 2026)
8. Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), Prime Ministerial Decree No. 2054, in force from 1 October 2025 (Article 8(12) before the amendment). Version history at https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
9. Ministry of Intellectual Property (지식재산처), Guidelines for the Refund of Patent Fees, Registration Fees, Official Fees and Registration Tax (특허료·등록료와 수수료 및 등록세 반환요령), MOIP Notification No. 2025-4, issued 30 October 2025. Articles 5 and 6, Form 1, Form 2. https://www.law.go.kr/행정규칙/특허료·등록료와수수료및등록세반환요령 (verified 9 October 2026)
10. Ministry of Intellectual Property (지식재산처), PatentRo (특허로) “PCT Fees Payment” screen, no date shown. https://www.patent.go.kr/smart/jsp/kiponet/fe/feepayment/FEPctChargeList.do (verified 9 October 2026)
11. Patent Attorney Act (변리사법), Act No. 21065, in force from 1 October 2025. Articles 2 and 21. https://www.law.go.kr/법령/변리사법 (verified 9 October 2026)
12. Enforcement Rules of the Patent Act (특허법 시행규칙), Prime Ministerial Decree No. 2115, in force from 14 May 2026. Article 116. https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)