How long do Korean patent trials take, and what do they cost?

Chanjoong Kim, Partner · Published 26 October 2026

Last verified 9 October 2026

Periods and amounts at a glance

As of October 2026.

The amounts in the table are for an electronic application. For a paper-based application, the per-case amount of the trial request fee is KRW 170,000. The per-case amount is KRW 60,000 for a request for revocation of a granted patent, KRW 40,000 for a request for correction and KRW 150,000 for intervention as a party. [2]

The average processing period is 6.3 months, and the Patent Act sets no time limit

The 2025 Intellectual Property Statistics (지식재산 통계연보) of the Ministry of Intellectual Property (지식재산처, MOIP) gives 6.3 months as the trial processing period for patents and utility models in 2025. [7] The values in the same table for 2021 to 2024 are 7.1 months, 6.5 months, 6.6 months and 5.4 months. [7]

This figure combines patents and utility models. The publication does not give processing periods by type of trial. It also does not explain from which date to which date the period is counted. [7]

In the provisions of the Patent Act (특허법) on requests for revocation of a granted patent, trials and retrials (Arts. 132-2 to 185), Article 162(5) is the only provision that sets the timing of a trial decision. [1] No provision in that range sets a period from the date of the trial request to the trial decision. [1] When the case is ready for a trial decision, the presiding administrative patent judge gives notice of closure of the trial examination. The trial decision is made within 20 days from the date of that notice (Patent Act, Art. 162(3) and (5)). [1]

Trials are examined in the order of the request dates, with accelerated trials and fast-track trials as the exceptions

Article 31(1) of the Regulation on the Handling of Trial Affairs (심판사무취급규정) sets the principle that trials are examined in the order of their request dates. [4] The proviso to that paragraph lists the cases eligible for an accelerated trial (우선심판). A case for which an accelerated trial is found necessary can be tried ahead of other cases. [4]

Some of the cases eligible for an accelerated trial are listed below. All of them require a request for an accelerated trial. [4]

• A trial concerning a patent right registered in the patent list under the Pharmaceutical Affairs Act (약사법) (subparagraph 11). A drug for which the expiration date of the data protection period is one year or more after the date of the request for an accelerated trial is excluded.
• A trial for invalidation requested only on the ground that the patent was granted to an unentitled person (subparagraph 17)
• A trial to confirm the scope of a right or a trial for invalidation between a small and medium-sized enterprise and a large enterprise, requested by the small and medium-sized enterprise (subparagraph 18)
• An appeal against the decision to reject an application for which accelerated examination (expedited examination) was decided in an advanced technology field announced by the Minister of Intellectual Property (subparagraph 10)

The exclusion in subparagraph 11 was amended on 29 June 2026. The previous provision applies to a drug that had been given a re-examination period under the former Pharmaceutical Affairs Act as of 21 February 2025 (Addenda to Directive No. 35, Art. 2). [4]

The presiding administrative patent judge decides whether the case qualifies within 10 days from the date on which the request for an accelerated trial is transferred to the judge, and notifies the parties (Art. 31(3)). [4] The text of Article 31 contains no time limit for the trial decision in an accelerated trial case. [4] However, the form of the notice of the decision on the accelerated trial in the same Regulation states an expected schedule. It states that the trial examination of an accelerated trial case is normally expected to be closed within 4 months from the date on which that notice is sent (Forms 5-1 and 5-1-1). [4]

For a fast-track trial (신속심판), the Regulation itself sets a time limit for the trial decision. The eligible cases are in Article 31-2(1), and a party must file a request for a fast-track trial. [4] The presiding administrative patent judge can try an eligible case ahead of other cases. [4]

• A trial to confirm the scope of a right, a trial for invalidation or a trial for correction related to an infringement action pending before a court, including a request for a provisional disposition against infringement (preliminary injunction)
• Any of those trials related to a case that the police or the prosecution have opened and are investigating
• A trial to confirm the scope of a right or a trial for invalidation requested by a party that has received a warning letter or a similar notice from the right holder
• A trial for correction requested by the right holder before the Intellectual Property High Court of Korea (Patent Court of Korea) closes the pleadings in an action requesting revocation of a decision rendered by the IPTAB (legal proceedings against trial rulings) in a trial for invalidation. It must be the first trial for correction requested for that patent, or be requested in response to newly submitted invalidation evidence.
• An appeal against the decision to reject where the later of 3 years and 6 months from the filing date and 2 years and 6 months from the date of the request for examination has passed. A period of delay attributable to the applicant is not counted.

The first three are cases under subparagraph 1. The proviso to subparagraph 1 excludes a trial in which the parties are not the same as the parties to the related case before the court or other authority. [4] An unfair international trade practice investigation case of the Korea Trade Commission is eligible even without a request (subparagraph 1-4). [4]

The presiding administrative patent judge decides whether the case qualifies within 10 days from the date on which the request for a fast-track trial is transferred to the judge, and gives notice of the decision (Art. 31-2(2)). [4] A decision on a fast-track trial can be cancelled. The grounds include the case where the reason for the fast-track trial has ceased to exist, the case where a party requests cancellation with the consent of the other party, and the case where the trial proceedings are stayed (paragraph (6) of the same Article). [4]

The time limit for the trial decision in a fast-track trial depends on whether an oral hearing is held. [4] In an inter partes case, an oral hearing is held in principle. There are three exceptions, such as a case in which no written answer has been filed (Art. 39-2(1)). [4]

In both cases, a case recognized by the President of the Intellectual Property Trial and Appeal Board is an exception. [4] Where a request for correction is filed in a trial for invalidation, the reference date for holding the oral hearing is not the expiration date of the period for filing the written answer. It is the expiration date of the period for submission of a written argument on the request for correction by the petitioner in the trial for invalidation (Art. 31-2(3)). [4]

In a case that qualifies for an accelerated trial or a fast-track trial, extension of a designated period (specified period) is restricted. When approving an extension, the presiding administrative patent judge gives advance notice that a later request for extension will not be approved, and must not approve a later request (Art. 22(2)). [4]

The Regulation on the Handling of Trial Affairs is a Directive of the Ministry of Intellectual Property. The version in force is Directive No. 35, which was issued on 29 June 2026 and took effect on that date. [4] The provisions of Articles 31 and 31-2 as amended on 1 July 2023 apply to trials first requested on or after that date (Addenda to Directive No. 1120, Art. 2). [4]

Designated periods, requests for correction and stays of the proceedings lengthen the period

A designated period set by the President of the Intellectual Property Trial and Appeal Board or by the presiding administrative patent judge is 1 month or less (Regulation on the Handling of Trial Affairs, Art. 22(1)). [4] The first request to extend the period for filing the written answer can be granted for 1 month without a showing that the extension is unavoidable (paragraph (3) of the same Article). [4] Any other extension is approved only where it is shown to be unavoidable (paragraph (2) of the same Article). [4]

The respondent in a trial for invalidation can request correction of the specification or drawings within a designated period (Patent Act, Art. 133-2(1)). [1] Correction can be requested only in a case that falls under one of the subparagraphs of Article 136(1). [1] That period is the period for filing the written answer under Article 147(1) or the period designated under the latter part of Article 159(1). [1] The petitioner may submit evidence or assert a new ground for invalidation after the period under Article 147(1). If the presiding administrative patent judge finds it necessary to allow a request for correction for that reason, the judge can set a period and have the respondent file a request for correction (latter part of Art. 133-2(1)). [1] The presiding administrative patent judge must serve a copy of the written request for correction on the petitioner in the trial for invalidation (Art. 133-2(3)). [1]

After the notice on the progress of the trial examination, one party can request deferral of the closure of the trial examination with the consent of the other party. The deferral period is up to 2 months from the time limit for filing documents set in that notice (Regulation on the Handling of Trial Affairs, Art. 32-2). [4]

The presiding administrative patent judge can stay the trial proceedings where necessary. The stay lasts until the decision on a related request for revocation of a granted patent or the trial decision in another trial becomes final, or until litigation proceedings are completed (Patent Act, Art. 164(1)). [1] The trial proceedings are also stayed where the presiding administrative patent judge refers the case to the mediation committee with the consent of the parties (Art. 164-2(1)). [1]

For a request for revocation of a granted patent, the time at which the examination starts is set separately. In principle, the panel joins the several requests against the same patent and examines them after the period for requesting revocation has passed (Regulation on the Handling of Trial Affairs, Art. 20-4(1)). [4] That period runs from the date of registration of the grant of the patent (registration of establishment of a patent right) to the date 6 months after the date of publication of registration (Patent Act, Art. 132-2(1)). [1] If the patentee files a request, the examination can start before that period has passed (Regulation on the Handling of Trial Affairs, proviso to Art. 20-4(1)). [4]

A revocation action is filed with the IP High Court of Korea within 30 days from the date on which the certified copy of the trial decision is served (Patent Act, Art. 186(1) and (3)). [1] This period is an invariable period, and the presiding administrative patent judge can set an additional period for a person in a distant place (paragraphs (4) and (5) of the same Article). [1] Article 88(2) of the Regulation on the Handling of Trial Affairs sets the additional period within a range of 30 days. [4] The processing period in this article covers only the stage at the IPTAB.

The trial request fee is KRW 150,000 plus KRW 15,000 per claim

An appeal against the decision to reject, a trial for correction and a trial to invalidate corrections have the same fee formula. For an electronic application, the fee is KRW 150,000 per case plus KRW 15,000 for each claim in the claims (Fee Regulation, Art. 2(3), subparagraph 1 (a)). [2] For a paper-based application, the per-case amount is KRW 170,000 (subparagraph 1 (b)). [2]

The number of claims for an appeal against the decision to reject is set by an IPTAB Established Rule. When the petition for trial is first filed, the basis is the number of claims finally rejected by the examiner. [6] If the decision of rejection does not state the rejected claims, the basis is the number of claims at the time of the decision of rejection. The same applies where the decision includes a ground for rejection that is stated without identifying claims. [6]

A trial for invalidation, a trial to invalidate the registration of an extension of a patent, a trial to confirm the scope of a right and a trial for the grant of a non-exclusive license count different claims. The wording of the Fee Regulation is the claims “for which there is directly a ground for the trial request” (Art. 2(3), subparagraph 3). [2] If only 5 claims of a patent with 30 claims are contested in a trial for invalidation, the trial request fee is KRW 225,000.

The official fee for a request for revocation of a granted patent is, for an electronic application, KRW 50,000 per case plus KRW 5,000 for each unit. The Fee Regulation defines the unit as “each claim in the claims of the patent right” (proviso to the same subparagraph). [2] A request for revocation of a granted patent can be filed claim by claim (Patent Act, latter part of Art. 132-2(1)). [1]

The amounts of the trial request fee have been the same since 1 January 2009. [3] The official fee for a request for revocation of a granted patent was introduced by the amendment in force from 1 March 2017. [3] The previous provision of subparagraph 3 applies to patent rights registered before that date (Addenda to Ordinance of the Ministry of Trade, Industry and Energy No. 247, in force from 1 March 2017, Art. 2). [3] The main clause of the previous provision also calculates the fee on the claims for which there is a ground for the trial request. [3] The official fee for a request for revocation of a granted patent was at first KRW 11,000 per case, and the current amounts were set by the amendment in force from 4 February 2023. [3]

The trial request fee is paid by the day after the receipt number is issued (Fee Regulation, Art. 8(1)). [2] If that day is a public holiday, the fee is paid by the first working day after it. Non-working Saturdays and Workers’ Day are included in public holidays (paragraph (2) of the same Article). [2] If the official fee is not paid, the presiding administrative patent judge sets a period and issues an order to amend. If the amendment is not made within that period, the petition for trial is dismissed by decision (Patent Act, Art. 141(1), subparagraph 2 (b), and Art. 141(2)). [1]

Other official fees arise in addition to the trial request fee

The following official fees can arise during a trial. The amounts are for an electronic application. [2]

A case that needs a witness or an expert opinion involves an advance payment. The items subject to advance payment include the travel expenses of witnesses, expert witnesses, interpreters and translators, the fees for expert opinions, interpretation and translation, and the travel expenses for an on-site inspection (Regulation on the Handling of Trial Affairs, Art. 15). [4]

Fee reductions are narrow, and refunds are available in three cases

In attached Table 5 of the Fee Regulation, a reduction of the trial request fee exists only for a trial to confirm the scope of a right. It applies where an individual, a small and medium-sized enterprise under the Framework Act on Small and Medium Enterprises (중소기업기본법) or a dedicated organization requests a trial to confirm the scope of a right for its own patent right (attached Table 5, Note 6). [2] A dedicated organization here is a dedicated organization under Article 11(1) of the Technology Transfer and Commercialization Promotion Act (기술의 이전 및 사업화 촉진에 관한 법률) that is a corporation. [2] The reduction rate is 70% for an individual and a small and medium-sized enterprise, and 50% for a dedicated organization. [2][8] An individual receives the reduction only where the inventor and the patentee are the same person (Note 2 of the same attached Table). [2]

A party for whom a publicly appointed agent has been appointed receives a refund of official fees on request after the certified copy of the trial decision is served. The official fees covered are those in Article 2(3), subparagraphs 1, 3 and 5 of the Fee Regulation (Fee Regulation, Art. 7-3). [2] These are the trial request fee, the official fee for a request for revocation of a granted patent and the fee for a request for correction. [2] Certain cases in which the appointment of the publicly appointed agent is cancelled or the publicly appointed agent resigns are excluded (proviso to the same Article). [2]

Article 84(1) of the Patent Act lists the cases in which official fees are refunded. Three of them concern the trial request fee. [1]

The first case has an exclusion. It is the case where, during the trial, an amendment is made under Article 47(1), subparagraph 1 or 2, as applied mutatis mutandis under Article 170(1) (parenthetical in Art. 84(1), subparagraph 7). [1] 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 closure of the trial examination is received and the case where the request to intervene is refused by decision (subparagraphs 9 and 10 of the same paragraph). [1] A refund can no longer be requested once 5 years have passed from the date of receipt of the notice that the fee is refundable (paragraph (3) of the same Article). [1]

The losing party bears the trial costs, but the recognized patent attorney fee is limited to the trial request fee

In a trial for invalidation, a trial to invalidate the registration of an extension of a patent, a trial to confirm the scope of a right and a trial to invalidate corrections, the bearing of the trial costs is determined in the trial decision (Patent Act, Art. 165(1)). [1] If the trial ends without a trial decision, it is determined by decision. [1] Article 98 of the Civil Procedure Act (민사소송법) applies mutatis mutandis here (paragraph (2) of the same Article). [1] Article 98 of the Civil Procedure Act provides that the losing party bears the litigation costs. [9]

In an appeal against the decision to reject, a trial for correction and a trial for the grant of a non-exclusive license, the petitioner bears the trial costs (Patent Act, Art. 165(3)). [1] Article 165(3) to (6) also applies mutatis mutandis to a request for revocation of a granted patent (Art. 132-15). [1]

The amount of the trial costs is determined by the President of the Intellectual Property Trial and Appeal Board on the request of a party after the trial decision or the decision becomes final (Patent Act, Art. 165(5)). [1] The patent attorney fee is treated as trial costs within the amount set by the Minister of Intellectual Property. Even if there are several patent attorneys, one patent attorney is deemed to have acted (paragraph (7) of the same Article). [1]

That amount is in Article 9, subparagraph 2 of the Public Notice (Notification) on the Determination of the Amount of Trial Costs for Industrial Property Rights (산업재산권 심판비용액 결정에 관한 고시). The patent attorney fee is the amount that the party pays under the fee agreement, within the amount of the trial request fee. [5] If the trial request fee was reduced, the basis is the trial request fee before the reduction. [5]

There are two exceptions. One is the case where a party, intentionally or by gross negligence, did not submit sufficient evidence, then submitted it late before the court and won. The other is the case where a trial decision was obtained with a right acquired by false or fraudulent conduct, or such conduct was discovered during the trial examination. [5] The limit in these cases is the attorney fee in the attached Table to the Rules on the Inclusion of Attorney Fees in Litigation Costs (변호사보수의 소송비용 산입에 관한 규칙) for a value of the subject matter of litigation of KRW 100,000,000. [5]

The same Public Notice also sets the standards for other cost items. The fee for preparing documents and drawings is KRW 300 per page, and it is not recognized where a patent attorney fee is included (proviso to Art. 8; Art. 9, subparagraph 3). [5] The costs of taking evidence, such as expert opinions, interpretation, translation and on-site inspection, are limited to KRW 6,000,000 (Art. 9, subparagraph 5). [5]

The current Article 9, subparagraph 2 was amended on 25 January 2022 and on 1 June 2022. Both amended provisions apply to trials requested on or after the date on which the amending Public Notice took effect (Addenda to No. 2022-1, Art. 2; Addenda to No. 2022-8, Art. 2). [5]

Example: fees by number of claims

The figures assume an electronic application and no fee reduction. Attorney fees and translation costs are not included. The number of claims for the trial request fee is counted on the basis stated above for each type of trial. The number of claims for the official fee for a request for revocation of a granted patent follows the wording of the Fee Regulation, “each claim in the claims of the patent right”. [2]

Assume a petitioner who has won a trial for invalidation in which 10 claims were contested. The case has no travel expenses and no costs of taking evidence, and does not fall under the exceptions for the patent attorney fee. The items recognized under Articles 8 and 9 of the Public Notice are the trial request fee of KRW 300,000 and a patent attorney fee within that amount. [5] On these assumptions, the total does not exceed KRW 600,000.

What applicants should do

• In general, where there is an infringement action or a warning letter, we suggest considering a request for a fast-track trial together with the trial request. The fast-track trial is the procedure for which the Regulation on the Handling of Trial Affairs sets a time limit for the trial decision in its provisions.
• For a trial for invalidation and a trial to confirm the scope of a right, we suggest deciding which claims to contest before filing the request. That number of claims fixes the trial request fee and the limit on the recognized patent attorney fee.
• We suggest putting the evidence and arguments together in the first written submission. If new evidence or new arguments are submitted, the reference date for the trial decision in a fast-track trial is delayed to the expiration date of the period for submission of a written argument on them.
• Parties outside Korea should put into their schedule that a designated period is 1 month or less. It is advisable to secure time in advance for translation and for review at the head office.
• It is safer not to count on a large recovery of trial costs in the budget. Even for the winning party, the recognized patent attorney fee is, in principle, limited to the amount of the trial request fee.
• Please confirm the period and cost of an individual case with your agent.

FAQ

How long does a Korean patent trial take on average?

According to the statistics of the Ministry of Intellectual Property, the average trial processing period for patents and utility models was 6.3 months in 2025. [7] These statistics do not give an average by type of trial. [7]

Is there a way to finish a trial faster?

There are the accelerated trial and the fast-track trial. The cases eligible for a fast-track trial include a case with an infringement action pending before a court and a case requested by a party that has received a warning letter. [4] In a fast-track trial case without an oral hearing, the trial decision is made by the latest of four reference dates, such as 2.5 months from the date of the decision to conduct a fast-track trial. [4]

Is the trial request fee for a trial for invalidation calculated on all the claims of the patent?

No. The Fee Regulation provides that the fee is calculated on the claims for which there is directly a ground for the trial request. [2] For an electronic application, the fee is KRW 150,000 plus KRW 15,000 for each of those claims. [2]

If I win the trial, do I recover my patent attorney fees from the other party?

Only part of them is recognized as trial costs. The patent attorney fee recognized as trial costs is, in principle, within the amount of the trial request fee. [5] In an appeal against the decision to reject and a trial for correction, the petitioner bears the trial costs (Patent Act, Art. 165(3)). [1]

Is the trial request fee refunded if the trial request is withdrawn?

If the trial request is withdrawn before the notice of closure of the trial examination is received, one half of the trial request fee is refunded (Patent Act, Art. 84(1), subparagraph 11). [1]

How DEFINE IP Law Firm handles this

Before requesting a trial, DEFINE IP Law Firm checks whether the case qualifies for an accelerated trial or a fast-track trial. At the stage of deciding which claims to contest, we review the trial request fee and the trial costs together. For questions about the duration and cost of Korean patent trials, please write to contact@defineip.kr.

Sources

1. Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Articles 84, 132-2, 132-15, 133-2, 136, 141, 147, 159, 162, 164, 164-2, 165, 170, 176 and 186. 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. Article 2(3), Article 7-3, Article 8(1) and (2), attached Table 5. https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
3. Earlier versions of the Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙): Ordinance of the Ministry of Knowledge Economy (지식경제부령) No. 46 (in force from 1 January 2009); Ordinance of the Ministry of Trade, Industry and Energy (산업통상자원부령) No. 247 (in force from 1 March 2017) and Article 2 of its Addenda; Ordinance of the Ministry of Trade, Industry and Energy (산업통상자원부령) No. 499 (in force from 4 February 2023). Version history at https://www.law.go.kr/법령/특허료등의징수규칙 (verified 9 October 2026)
4. Ministry of Intellectual Property (지식재산처), Regulation on the Handling of Trial Affairs (심판사무취급규정), MOIP Directive (지식재산처훈령) No. 35, in force from 29 June 2026. Articles 15, 20-4, 22, 31, 31-2, 32-2, 39-2 and 88, Forms 5-1 and 5-1-1, Addenda (Directive No. 1120, 1 July 2023) Art. 2, Addenda (Directive No. 35) Art. 2. https://www.law.go.kr/행정규칙/심판사무취급규정 (verified 9 October 2026)
5. Ministry of Intellectual Property (지식재산처), Public Notice on the Determination of the Amount of Trial Costs for Industrial Property Rights (산업재산권 심판비용액 결정에 관한 고시), MOIP Notification No. 2025-4, in force from 30 October 2025. Articles 8 and 9, Addenda (No. 2022-1, No. 2022-8). https://www.law.go.kr/행정규칙/산업재산권심판비용액결정에관한고시 (verified 9 October 2026)
6. 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)
7. Ministry of Intellectual Property (지식재산처), 2025 Intellectual Property Statistics (2025 지식재산 통계연보), published July 2026. Page 218, “5.2.7. Trial processing period and number of administrative patent judges” (심판처리 기간 및 심판관수). https://www.index.go.kr/unify/idx-info.do?idxCd=2785 (verified 9 October 2026)
8. Intellectual Property Trial and Appeal Board (특허심판원), website page “Trial fees” (심판수수료), no posting date shown. https://www.kipo.go.kr/ipt/iptContentView.do?menuCd=SCD0400083 (verified 9 October 2026)
9. Civil Procedure Act (민사소송법), Act No. 21993, in force from 2 October 2026. Article 98. https://www.law.go.kr/법령/민사소송법 (verified 9 October 2026)