Which Korean patent fees are refundable?

Sangwook Je, Partner · Published 28 October 2026

Last verified 9 October 2026

Refund grounds at a glance

As of October 2026. Every “subparagraph” in the Basis column is a subparagraph of Article 84(1) of the Patent Act.

The grounds in the table come with excluded applications and dates of application of their own. The sections below set these out ground by ground.

Fees are refunded only in the cases the Act lists

Annual fees and official fees that have been paid are refunded only in the cases that fall under a subparagraph of Article 84(1) of the Patent Act. The provision states that the fees are refunded, at the request of the person who paid, only in a case that falls under one of its subparagraphs. [1]

A ground that is not in a subparagraph therefore does not bring a refund. For example, an amendment that deletes claims after the request for examination is not in any subparagraph of Article 84(1). [1] The Patent Examination Guidelines (특허·실용신안 심사기준) also state that the fee for request for examination already paid is not refunded when claims are deleted by amendment. [10]

No subparagraph separately covers the fee for request for re-examination, the amendment fee or the fee for a request for extension of the period. [1][2] These fees are refunded only when they are fees paid in error under subparagraph 1. The Patent Examination Guidelines give as examples a request for extension of the period that was not approved and a request that was returned. In these cases the fee paid for the request for extension of the period is refunded. [10]

Article 84 is not changed by the Patent Act that is scheduled to enter into force on 16 March 2027 (Act No. 21955). [5]

The application fee is refunded if the application is withdrawn within one month of filing

If a patent application is withdrawn or abandoned within one month after filing, the application fee is refunded. The priority claim fee is refunded with it (Patent Act, Art. 84(1), subparagraph 4). [1]

The following applications are excluded from subparagraph 4. [1]

• A divisional application
• A separational application (splitting-off)
• A converted application
• A patent application for which accelerated examination (expedited examination) under Article 61 of the Patent Act has been requested

The separational application was added to the exclusions by the amendment in force from 20 April 2022 (Act No. 18505). [1][6]

The period in subparagraph 4 is “within one month after the filing of the patent application”. [1] Under Article 199(1) of the Patent Act, a PCT international application designating Korea is deemed a patent application filed on its international filing date. [1] Article 84 has no separate provision on the one month for an international patent application that has entered the Korean national phase. [1] For an international patent application, the one month in subparagraph 4 therefore runs from the international filing date.

The fee for request for examination is refunded in full or by one third, depending on timing

If the application is withdrawn or abandoned after the request for examination, the fee for request for examination is refunded in full. However, this must happen before any one of the following three events (Art. 84(1), subparagraph 5). [1]

• An order to report consultation results under Article 36(6) of the Patent Act (limited to patent applications filed by the same person)
• A notice of grounds for rejection under Article 63 of the Patent Act
• Service of the certified copy of the decision to grant under Article 67(2) of the Patent Act

There is also a period after a notice of grounds for rejection in which one third can be refunded. It runs until the period for submission of a written argument expires after a notice of grounds for rejection under Article 47(1), subparagraph 1 (Art. 84(1), subparagraph 5-2 (b)). [1] The same applies after an order to report consultation results, until the reporting period expires (subparagraph 5-2 (a)). [1]

A notice of grounds for rejection under Article 47(1), subparagraph 1 is the notice received for the first time, or a notice that is not a notice under subparagraph 2 of the same paragraph. [1] A notice under subparagraph 2 is a notice of grounds for rejection that addresses grounds caused by an amendment. [1] Withdrawal or abandonment during the period for submission of a written argument after a notice under subparagraph 2 is not covered by subparagraph 5-2 (b). [1]

“Withdrawal” in subparagraphs 5 and 5-2 includes the cases where the application is deemed withdrawn under Article 53(4) or the main clause of Article 56(1). [1] The main clause of Article 56(1) concerns the earlier application on which a domestic priority claim is based. That earlier application is deemed withdrawn when one year and three months have passed from its filing date. [1] Article 53(4) provides that, when a converted application is filed, the utility model application is deemed withdrawn. [1]

The one-third refund was introduced by the amendment that entered into force on 18 November 2021 (Act No. 18409). The amendment applies to patent applications withdrawn or abandoned on or after that date (Addenda, Art. 4). [1][6] Before the amendment, notification of the result of a prior art search was also an event that ended the full refund. That event was deleted by the same amendment. [6]

The trial request fee is refunded in full or by half

If a decision of rejection (decision to reject a patent application) is revoked by a trial decision, the trial request fee already paid is refunded (Art. 84(1), subparagraph 7, and Art. 176(1)). [1] The same applies when a decision to reject an application for patent term extension is revoked. [1] However, the case where an amendment under Article 47(1), subparagraph 1 or 2 was made during the trial is excluded. [1]

In the following cases, one half of the trial request fee is refunded. [1]

• The petition for trial is withdrawn before the notice of the closing of the trial review is received (subparagraph 11)
• The petition for trial is dismissed by decision under Article 141(2) and that decision becomes final (subparagraph 8)

One half of the intervention request fee is also refunded in some cases. These are the case where the request to intervene is withdrawn before the notice of the closing of the trial review (subparagraph 9) and the case where the request to intervene is rejected by decision (subparagraph 10). [1]

Subparagraphs 7 to 11 include the cases where they apply mutatis mutandis to retrial proceedings. [1] These five subparagraphs were introduced by the amendment that entered into force on 30 June 2016 (Act No. 14112). [1]

After registration, annual fees for the remaining years are refunded

If the patent right is abandoned, the portion of the annual fees for the years from the year after the year of abandonment is refunded (Art. 84(1), subparagraph 6). [1] If a decision to revoke the patent or a trial decision of invalidation becomes final, the portion for the years from the year after the year in which it became final is refunded (subparagraph 2). [1] The same applies when a trial decision invalidating the registration of patent term extension becomes final (subparagraph 3). [1]

Subparagraphs 2 and 6 apply claim by claim. This is because, under Article 215 of the Patent Act, when these two subparagraphs are applied to a patent right with two or more claims, a patent right is deemed to exist for each claim. [1]

At registration of the grant of a patent (registration of establishment of a patent right), the annual fees for three years are paid, and later annual fees can be paid for several years together (Art. 79). [1] The provision matters when years paid in advance remain. Annual fees up to the year of abandonment are not covered by subparagraph 6. [1]

Refunds and reductions outside Article 84

The Fee Regulation and public notices (Notifications) of the Ministry of Intellectual Property (지식재산처) also contain provisions on refunds. The Guidelines for the Refund of Patent Fees, Registration Fees, Official Fees and Registration Tax (특허료·등록료와 수수료 및 등록세 반환요령) are called the “Refund Guidelines” below.

The Fee Regulation also sets the fee for request for accelerated examination at KRW 40,000 where the request for accelerated examination is abandoned or withdrawn before the decision (proviso to Art. 2(1), subparagraph 8). [2] What Article 2, subparagraph 4 of the Refund Guidelines lists as subject to refund is the case where accelerated examination is dismissed. [3] The Patent Examination Guidelines do not allow withdrawal of a request for accelerated examination after the decision to conduct accelerated examination has been notified. [10]

Refund of the international filing fee, the search fee and the preliminary examination fee paid in the PCT international phase is governed separately by the Enforcement Rules of the Patent Act. The relevant provisions are Articles 106-8, 106-22 and 106-45. [9] This article covers only the fees of the Korean national procedure.

The refund is requested after a notice is received

When a refund ground arises, the Minister of Intellectual Property or the President of the Intellectual Property Trial and Appeal Board (특허심판원) must notify the person who paid (Patent Act, Art. 84(2)). [1] A refund can no longer be requested once five years have passed from the date of receiving that notice (Art. 84(3)). [1]

The period for the request was extended from three years to five years by the amendment in force from 18 October 2022 (Act No. 19007). [1][6] The five years also apply to annual fees and official fees for which the previous period had not expired on that date (Addenda, Art. 2). [1]

The procedure is set by the Refund Guidelines, a public notice of the Ministry of Intellectual Property. [3]

• The refund is requested by the addressee of the notice on the refund, or by a person duly authorized by the addressee (Art. 5).
• A refund request form (Form 2) is filed. A copy of the bank account is attached when the request is made on paper for the first time or when the account number is changed (Art. 6(2)).
• An authorized person who files the request attaches a power of attorney and a copy of a certificate that identifies the requester (Art. 6(2), subparagraph 3).
• Online, a person who has passed the authentication procedure makes the request by selecting what is to be refunded and entering the account information (proviso to Art. 6(2)).
• Interest is paid when a fee subject to refund is refunded (Art. 2-2).

Instead of receiving a refund, the payment details can be corrected. A person who can request a refund can request correction of the payment details within one year from the date of payment (Fee Regulation, Art. 9(1)). [2] Article 2(1), subparagraph 6 of the Guidelines for Requesting Correction of Payment Details of Patent Fees, Registration Fees and Official Fees (특허료·등록료와 수수료납부사항 정정신청요령), a public notice, describes the case. It is the case where a fee subject to refund is to be corrected into a fee paid on the date of the request for correction. [4]

Example: an application with 20 claims

The example assumes an application filed on or after 1 August 2023 with no fee reduction. The amounts are those of the Fee Regulation in force from 27 February 2026. [2] The filing date here is the international filing date for an international patent application, and the filing date of the original application (parent application) for a divisional application (Patent Act, Art. 199(1) and the main clause of Art. 52(2)). [1]

The fee for request for examination is KRW 166,000 plus KRW 51,000 per claim, which is KRW 1,186,000. [2]

For an appeal against the examiner’s decision to reject a patent application (trial on rulings rejecting patent applications), the trial request fee (electronic) is KRW 150,000 plus KRW 15,000 per claim. [2] The number of claims here is the number of claims that the examiner finally rejected. The basis is Article 3(1), subparagraph 1 of the Standards for Calculating Fees for Appeals against Decisions of Rejection (거절결정불복심판청구관련 수수료 산정기준), an established rule of the Intellectual Property Trial and Appeal Board. [11] The table below assumes that all 20 claims were rejected, so the trial request fee is KRW 450,000.

For an application filed before 1 August 2023, the fee for request for examination itself is different. It is KRW 143,000 plus KRW 44,000 per claim (amendment to the Fee Regulation in force from 1 August 2023, Ordinance of the Ministry of Trade, Industry and Energy No. 517, Addenda, Art. 3(2)). [2]

How Korea differs

The US rule states that a change of purpose after a fee is paid does not by itself entitle the payer to a refund (37 CFR 1.26(a)). [7] In the United States, a refund must be requested within two years from the date the fee was paid (37 CFR 1.26(b)). [7] The five years in Korea are counted from the date of receiving the notice, not from the date of payment. [1]

The 50% refund in Europe is available until the period for reply to the first communication from the examining division (Article 94(3) EPC) ends. If no such communication was issued, it is available until the date of the communication under Rule 71(3). [8] The partial refund in Korea is one third, and the notice that sets the period is the notice of grounds for rejection under Article 47(1), subparagraph 1. [1]

What applicants should do

• In general, we suggest deciding whether to withdraw an application that will not be prosecuted further before the period for submission of a written argument expires. After that period, not even one third of the fee for request for examination is refunded.
• For an application in which examination has already been requested and no notice of grounds for rejection has been received, we suggest reviewing first whether to keep it. A withdrawal at this point qualifies for a full refund of the fee for request for examination.
• We consider it better to file a written withdrawal than to leave the application unattended until a decision of rejection is issued. Article 84(1) lists withdrawal and abandonment as refund grounds. It does not list a decision of rejection.
• After receiving a refund notice, the refund must be requested within five years. We suggest agreeing in advance with the agent on the account that will receive the refund and on who will file the request.
• Please confirm with an agent in Korea whether a refund is available in an individual case.

FAQ

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

No. Article 84(1) of the Patent Act lists the refund grounds in its subparagraphs, and an amendment that deletes claims is not among them. [1] The Patent Examination Guidelines also state that the fee for request for examination already paid is not refunded in this case. [10]

Is the fee for request for examination refunded if the application is abandoned after a decision of rejection?

No. The full refund is available until a notice of grounds for rejection is issued. The one-third refund is available until the period for submission of a written argument expires after a notice of grounds for rejection under Article 47(1), subparagraph 1. [1]

Is the application fee refunded if a divisional application is withdrawn within one month?

No. A divisional application, a separational application, a converted application and an application for which accelerated examination has been requested are excluded from Article 84(1), subparagraph 4. [1]

Is the refund automatic?

No. The refund is made at the request of the person who paid. [1] However, a payer who has registered a refund account in advance may be paid without a request. The Minister of Intellectual Property may pay the refund into that account after one year has passed from the date of the notice (Refund Guidelines, Art. 6(3)). [3]

How long is the period for requesting a refund?

Five years from the date of receiving the notice of the refund ground (Patent Act, Art. 84(3)). [1]

How DEFINE IP Law Firm handles this

When an applicant has decided to stop prosecution of a case, DEFINE IP Law Firm first checks the points in time that decide the refund. The points we check are the time before a notice of grounds for rejection and the time before the period for submission of a written argument expires. For questions about refunds of official fees for Korean applications, please write to contact@defineip.kr.

Sources

1. Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Articles 36, 47, 52, 53, 56, 61, 63, 67, 79, 84, 141, 176, 199 and 215; Addenda (Act No. 18409) Art. 4; Addenda (Act No. 19007) Art. 2. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
2. 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. Articles 2, 7(8), 8(15), 8(19) and 9; Addenda (Ordinance of the Ministry of Trade, Industry and Energy No. 517, in force from 1 August 2023) Art. 3. https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
3. 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, in force from 30 October 2025. Articles 2, 2-2, 5 and 6. https://www.law.go.kr/행정규칙/특허료·등록료와수수료및등록세반환요령 (verified 9 October 2026)
4. Ministry of Intellectual Property (지식재산처), Guidelines for Requesting Correction of Payment Details of Patent Fees, Registration Fees and Official Fees (특허료·등록료와 수수료납부사항 정정신청요령), MOIP Notification No. 2025-4, in force from 30 October 2025. Article 2. https://www.law.go.kr/행정규칙/특허료·등록료와수수료납부사항정정신청요령 (verified 9 October 2026)
5. Patent Act (특허법), Act No. 21955, scheduled to enter into force on 16 March 2027. Article 84. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
6. Article 84 in earlier versions of the Patent Act (특허법): Act No. 18098 (in force from 21 October 2021), Act No. 18409 (in force from 18 November 2021), Act No. 18505 (in force from 20 April 2022), Act No. 19007 (in force from 18 October 2022). Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
7. eCFR, 37 CFR 1.26 Refunds, 37 CFR 1.138 Express abandonment, current as of 6 October 2026. https://www.ecfr.gov/current/title-37/section-1.26 (verified 9 October 2026)
8. EPO, Rules relating to Fees, Article 11 Refund of examination fee, text in force from 1 July 2016. https://www.epo.org/en/legal/epc/2020/f11.html (verified 9 October 2026)
9. Enforcement Rules of the Patent Act (특허법 시행규칙), Prime Ministerial Decree No. 2115, in force from 14 May 2026. Articles 11, 106-8, 106-22 and 106-45. https://www.law.go.kr/법령/특허법시행규칙 (verified 9 October 2026)
10. 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 3, 4.2 and 4.3; Part 1, Chapter 7; Part 7, Chapter 4. https://www.law.go.kr/행정규칙/특허·실용신안심사기준 (verified 9 October 2026)
11. Intellectual Property Trial and Appeal Board (특허심판원), Standards for Calculating Fees for Appeals against Decisions of Rejection (거절결정불복심판청구관련 수수료 산정기준), IPTAB Established Rule No. 95, in force from 1 July 2023. Article 3. https://www.law.go.kr/행정규칙/거절결정불복심판청구관련수수료산정기준 (verified 9 October 2026)