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What are the Korean Patent Act amendments of the last five years (2021–2026)?

Brief summary

  • From 9 October 2021 to 9 October 2026, the Korean Patent Act (특허법) changed on 12 enforcement dates. 11 Acts made the changes, and 8 of them are partial amendments to the Patent Act.
  • Four major changes reach applicants. The periods after a decision of rejection were extended from 30 days to 3 months (20 April 2022). The limit on damages for intentional infringement rose from 3 times to 5 times (21 August 2024). Exporting was added to the acts of working (practice), and a 14-year cap was introduced for patent term extension for approval, etc. (extension of patent terms by permission) (both on 22 July 2025).
  • One amendment has been promulgated but is not yet in force. It is Act No. 21955, which enters into force on 16 March 2027.

This article counts the five years by enforcement date. For each amendment, the Addenda to that Act determine to whom it applies. Verified on 9 October 2026 by comparing, in order, the versions by enforcement date on the Korean Law Information Center (국가법령정보센터) of the Ministry of Government Legislation (법제처). The next verification date is 16 March 2027.

Last verified

At a glance

The table below is in order of enforcement date. “Provisions revised” are the provisions that appear in the text of the amendment. The cases covered differ from row to row, so they are listed separately in the table under “Cases that straddle the enforcement date”.

Enforcement date Act (date of promulgation) Provisions revised What changed
21 October 2021 Act No. 18098 (20 April 2021) [2] Art. 154-2 (newly inserted); Art. 226(2) (newly inserted); Art. 226-2(1) and (2) Professional examiners (전문심리위원) can participate in trials. Offence of divulging confidential information by professional examiners, and professional examiners deemed public officials
18 November 2021 Act No. 18409 (17 August 2021) [3] Art. 66-2(1), latter part, and (6) (newly inserted); Art. 84(1), subparagraphs 5 and 5-2; Art. 109; Art. 158-2 (newly inserted); Art. 164-2 (newly inserted); Art. 217(1), subparagraph 1-2 (newly inserted) Scope of the examiner’s ex officio amendment, and when it is deemed never to have existed. Wider refund of the fee for request for examination. Principle of timely presentation in trials, and referral to the mediation committee
18 February 2022 The same Act No. 18409 [3] Art. 83(2) and (4); Art. 132-16(3) and (4) Basis for exemption or reduction for disaster regions. Collection of double the amount for improper exemption or reduction. Investigation and research personnel of the Intellectual Property Trial and Appeal Board (IPTAB) (특허심판원)
20 April 2022 Act No. 18505 (19 October 2021) [4] Art. 16(2); Art. 52(1), subparagraph 2, and (4) to (8); Art. 52-2 (newly inserted); Art. 53(1), subparagraph 1; Art. 55(1), subparagraphs 2 and 4, and (8); Art. 56(1), subparagraph 2; Art. 59(3); Art. 62, subparagraph 6; Art. 67-2(1) and (3); Art. 67-3(1); Art. 81-3(1); Art. 84(1), subparagraph 4; Art. 92-2(4); Art. 122; Art. 132-17; Art. 133(1), subparagraph 7 The periods after a decision of rejection change from 30 days to 3 months. Separational application (splitting-off) (분리출원) newly introduced. Re-examination after a decision to grant. Requirement for reinstatement changed to “good cause”. Deemed priority claim of a divisional application. Scope of earlier applications for domestic priority. Request for division of a jointly owned patent and the non-exclusive license
18 October 2022 Act No. 19007 (18 October 2022) [5] Art. 84(3) Period for claiming a refund of patent fees and official fees changes from 3 years to 5 years
15 March 2024 Act No. 19714 (14 September 2023) [6] Art. 141(1), proviso, (2) and (4) to (7); Art. 154-3 (newly inserted) Ex officio amendment by the presiding administrative patent judge. Written opinions of expert witnesses in trials
7 August 2024 Act No. 20200 (6 February 2024), Addenda, Art. 5(3) [7] Art. 217(1), subparagraph 2; Art. 217-2 (deleted); Art. 226-2(1) The basis for the digitization of patent documents is moved to another Act
21 August 2024 Act No. 20322 (20 February 2024) [8] Art. 128(8) Limit on damages for intentional infringement changes from 3 times to 5 times
27 May 2025 Act No. 20975 (27 May 2025) [9] Title and paragraphs (1) to (4) of Art. 126-2 “Type of behavior” (행위태양) changes to “content, manner and form of the act” (행위의 내용·방식·형태)
22 July 2025 Act No. 20700 (21 January 2025) [10] Art. 2, subparagraph 3 (a) and (c); Art. 89(1); Art. 90(7) and (8) (newly inserted); Art. 91, subparagraphs 3 and 6; Art. 93; Art. 127, subparagraphs 1 and 2; Art. 134(1), subparagraphs 3 and 6; Art. 134(4), subparagraph 1, and (5); Art. 181(1) and (2), subparagraphs 2 and 3; Art. 229-3 (newly inserted); Art. 230 Exporting added to the acts of working. 14-year cap on patent term extension for approval, etc., and “one patent for one approval, etc.”. Offence of violating the prohibition against filing a patent application in a foreign country or the order to keep an invention confidential
1 October 2025 Act No. 21065 (1 October 2025), Addenda, Art. 7(580) [11] Names of the agency and of the ordinance in 95 Articles “Commissioner of the Korean Intellectual Property Office” (특허청장) changes to “Minister of Intellectual Property” (지식재산처장), and “Ordinance of the Ministry of Trade, Industry and Energy” (산업통상자원부령) changes to “Prime Ministerial Decree” (총리령)
11 November 2025 Act No. 21134 (11 November 2025), Addenda, Art. 2(9) [12] Art. 14, subparagraph 4 “Workers’ Day (근로자의 날)” changes to “Workers’ Day (노동절)”
16 March 2027 (not yet in force) Act No. 21955 (15 September 2026) [13] Art. 81-3; Art. 87(2), subparagraph 4 Requirement and period for reinstatement of cases abandoned or lapsed because the patent fee was not paid

Act No. 20200 is the Act that enacted the Act on Facilitation of Management and Utilization of Industrial Property Information (산업재산 정보의 관리 및 활용 촉진에 관한 법률). [7] Act No. 21065 is a partial amendment to the Government Organization Act (정부조직법). [11] Act No. 21134 wholly amended the Designation of Workers’ Day Act (근로자의 날 제정에 관한 법률), and by this amendment the title of that Act became the Act on the Designation of Workers’ Day (노동절 제정에 관한 법률). [12] These three revised the Patent Act through the Addenda to another Act. [7][11][12]

As of 9 October 2026, the Patent Act in force is Act No. 21134. [1] Act No. 21955 is the only version listed as scheduled to enter into force. [1]

The periods after a decision of rejection were extended from 30 days to 3 months

Act No. 18505, which entered into force on 20 April 2022, changed four periods after a decision of rejection from 30 days to 3 months. [4]

Procedure Provision Previous Amended
Petition for the appeal against the examiner’s decision to reject a patent application (trial on rulings rejecting patent applications) Art. 132-17 Within 30 days from the date on which the certified copy of the decision is served Within 3 months from the date on which the certified copy of the decision is served
Request for re-examination Art. 67-2(1) Within 30 days from the date on which the certified copy of the decision of rejection is served Within 3 months from the date on which the certified copy of the decision of rejection is served
Divisional application Art. 52(1), subparagraph 2 Within 30 days from the date on which the certified copy of the decision of rejection is served Within 3 months from the date on which the certified copy of the decision of rejection is served
Conversion of a utility model application into a patent application Art. 53(1), subparagraph 1 Not possible after 30 days from the date on which the certified copy of the first decision of rejection is served Not possible after 3 months from the date on which the certified copy of the first decision of rejection is served

The trial under Article 132-17 covers a decision of rejection and a decision to reject the application for registration of an extension of the term of a patent. [4] Where the period of Article 132-17 is extended under Article 15(1), the 3 months for re-examination and for a divisional application become that extended period (parentheticals in Art. 67-2(1) and Art. 52(1), subparagraph 2). [4] The 3 months for a converted application have a parenthetical to the same effect (Art. 53(1), subparagraph 1). [4]

Re-examination can now also be requested after a decision to grant. The amended Article 67-2(1) added the period from the date on which the certified copy of the decision to grant is served until before the registration of the grant of a patent (registration of establishment of a patent right) under Article 79. [4] Where re-examination is requested, the earlier decision to grant or decision of rejection is deemed revoked (main clause of paragraph (3) of the same Article). [4] The exception is where the procedure for requesting re-examination is invalidated under Article 16(1) (proviso to the same paragraph). [4]

The cases in which re-examination cannot be requested were arranged into three subparagraphs (Art. 67-2(1), proviso). [4]

  • Where, at the time re-examination is requested, a decision to grant or reject has already been made as a result of re-examination
  • Where a petition for trial under Article 132-17 has been filed. However, this excludes the case where the decision of rejection is revoked under Article 176(1).
  • Where the patent application is a separational application

Details are in “How do I appeal a decision of rejection in Korea?“, “What is re-examination in Korea, and when should it be requested?” and “When can I file a divisional application in Korea?“.

The separational application was introduced, and divisional applications and domestic priority changed

Act No. 18505 newly inserted Article 52-2 and introduced the separational application. [4] A person who received a decision of rejection can file a separational application where the petition for trial under Article 132-17 is dismissed. [4] The period is within 30 days from the date on which the certified copy of that trial decision is served. [4] Where the presiding administrative patent judge has set an additional period under Article 186(5), it is that period. [4]

The claims of a separational application can contain only the claims in the subparagraphs of Article 52-2(1). [4]

  • Claims that were not rejected in the decision of rejection that is the subject of the petition for trial (subparagraph 1)
  • Claims obtained by deleting, from the rejected claims, the extra descriptions on which the decision of rejection was based (subparagraph 2)
  • Claims of subparagraph 1 or 2 written so as to fall under any of the subparagraphs of Article 47(3) (except subparagraph 4) (subparagraph 3)
  • Claims of subparagraphs 1 to 3 from which the part beyond the scope of the original specification or drawings is deleted (subparagraph 4)

A separational application is subject to limits. A separational application cannot be the basis of a new separational application, a divisional application or a converted application under Article 10 of the Utility Model Act (실용신안법) (Art. 52-2(4)). [4] Re-examination cannot be requested for a separational application (Art. 67-2(1), subparagraph 3). [4] The original specification of a separational application must state the claims (Art. 52-2(3)). [4] Nor can its specification and drawings (limited to the captions in the drawings) be written in a language other than Korean (the same paragraph). [4] A request for examination can be filed within 30 days from the date the separational application is filed, even after the period of Article 59(2) has passed (Art. 59(3)). [4]

Article 52(2) to (5), on divisional applications, apply mutatis mutandis to a separational application (Art. 52-2(2)). [4] As a result, a separational application is deemed filed at the time the original patent application was filed, except in the cases of the proviso to Article 52(2). [1][4]

Act No. 18505 also revised the following four provisions to match the separational application. [4]

  • A separational application beyond the scope under Article 52-2(1) is a ground for rejection (Art. 62, subparagraph 6). [4]
  • A separational application beyond the scope under the former part of the part with the exception of the subparagraphs of Article 52-2(1) is a ground for invalidation of the patent (Art. 133(1), subparagraph 7). [4]
  • A separational application is excluded from the subparagraph under which the application fee is refunded where the application is withdrawn or abandoned within 1 month after filing (Art. 84(1), subparagraph 4). [4]
  • In patent term extension for delay in registration (extension of the term of a patent right following delayed registration), when 4 years are counted from the filing date of the patent application, the date the separational application is filed is deemed the filing date of the patent application (Art. 92-2(4), subparagraph 2-2). [4]

The priority claim of a divisional application also changed. Where the patent application on which the division is based claims priority under Article 54 or 55, the divisional application is also deemed to claim priority at the time the divisional application is filed (Art. 52(4)). [4] Where documents or papers were submitted under Article 54(4) for the application on which the division is based, they are deemed submitted for the divisional application as well. [4] The deemed priority claim can be withdrawn even after the time limit under Article 54(7) or 55(7) has passed (paragraph (5) of the same Article). [4] The period is within 30 days from the date the divisional application is filed, and the priority claim can be withdrawn in whole or in part. [4]

The scope of earlier applications that can be the basis of domestic priority also changed. The previous Article 55(1), subparagraph 4, excluded the case where, at the time the patent application is filed, any of the following had become final and conclusive for the earlier application. [4] These are a decision to grant or reject a patent, a decision to grant or reject utility model registration, or a trial decision to reject. [4] The amended subparagraph 4 excludes the case where, at the time the patent application is filed, the grant of the earlier application has been registered, or a decision of rejection, a decision to reject utility model registration or a trial decision to reject has become final and conclusive. [4] Article 56(1), subparagraph 2, which sets out a case in which the earlier application is not deemed withdrawn when 1 year and 3 months have passed from its filing date, was changed to the same wording. [4] An earlier application on which a priority claim is based cannot obtain registration of the grant under Article 79 (Art. 55(8)). [4] However, the exception is where the priority claim based on that earlier application is withdrawn. [4] The separational application was added, together with the divisional application and the converted application, to the applications that cannot be an earlier application (Art. 55(1), subparagraph 2). [4]

Details are in “What is a separational application in Korea?” and “What is domestic priority in Korea, and when is it useful?”.

The requirement for reinstatement after a missed period changes twice

The first change was on 20 April 2022. Act No. 18505 changed “a cause not attributable to the person” in three provisions to “good cause”. [4]

Provision What is reinstated
Art. 16(2) A procedure invalidated because the designated period (specified period) in an order to amend was not met
Art. 67-3(1) A request for examination or request for re-examination of a patent application that is recognized as withdrawn, or for which the decision of rejection is recognized as final and conclusive, because a period was not met
Art. 81-3(1) A case in which the patent fee was not paid within the period for late payment (추가납부기간), or the under-paid patent fee was not paid within the period for payment of under-paid patent fees (보전기간)

The periods in the three provisions stayed the same. The period is within 2 months from the date on which the cause ceases to exist, and the request is not possible after 1 year from the expiration date set in each provision. [4]

The second change is on 16 March 2027. Act No. 21955 revises only Article 81-3. [13] The amended Article 81-3(1) removes “good cause” and excludes only the case where the patent fee or the under-paid patent fee was intentionally not paid. [13] It covers the cases in which, under Article 81(3), the patent application is abandoned or the patent right for the patented invention has lapsed. [13] The period for the request becomes 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. [13] The requester pays an amount set by Prime Ministerial Decree and requests reinstatement. [13]

The same Act deletes Article 81-3(3). [13] The current paragraph (3) is another route by which the patentee requests reinstatement where the patent right has lapsed. [1] The patentee pays twice the patent fee under Article 79 within 3 months from the expiration date of the period for late payment or the period for payment of under-paid patent fees. [1] In Article 87(2), subparagraph 4, “when the patent fee or the under-paid patent fee is paid” changes to “when the set amount is paid”. [13] Article 16(2) and Article 67-3(1) are not in the text of the amendment of Act No. 21955. [13]

Details are in “What changes in the Korean Patent Act on 16 March 2027?” and “Can a lapsed Korean patent be reinstated?”.

Refunds and the exemption or reduction of fees changed

The refund of the fee for request for examination became wider on 18 November 2021. Article 84(1), subparagraph 5, is the subparagraph under which the fee for request for examination is refunded where the patent application is withdrawn or abandoned after the request for examination and before certain events occur. [1] The previous subparagraph 5 (b) listed, as one of those events, the notification of the result of a prior art search commissioned under Article 58(1). [3] Act No. 18409 deleted item (b). [3] The current subparagraph 5 sets three events as the end of the refund. [1]

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

The same Act newly inserted subparagraph 5-2. [3] Where the patent application is withdrawn or abandoned in the periods below, one third of the fee for request for examination already paid is refunded. [3]

  • After the order to report consultation results and before the reporting period expires
  • After the notice of grounds for rejection (limited to the case falling under Article 47(1), subparagraph 1) and before the period for submission of a written argument expires

The period for claiming a refund became longer on 18 October 2022. A refund of patent fees and official fees cannot be claimed after 5 years from the date on which the notice under Article 84(2) is received (Art. 84(3)). [5] Previously it was 3 years. [5]

Two things were added to the exemption or reduction on 18 February 2022. A subparagraph was added to Article 83(2) for persons who reside in, or have their main office in, a region for which a state of disaster or a special disaster area is declared. [3] This subparagraph is limited to persons who meet the requirements set by ordinance. [3] At the time of the amendment this ordinance was an Ordinance of the Ministry of Trade, Industry and Energy, and from 1 October 2025 it is a Prime Ministerial Decree. [3][11] Article 83(4) made it possible to collect double the amount of the exempted or reduced patent fees and official fees from a person who obtained the exemption or reduction by fraud or other improper means. [3] In that case, the exemption or reduction of Article 83(2) is not applied for the period set by ordinance. [3]

This article covers only the Patent Act. Amendments to the Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), which sets the amounts, are in “How have Korean patent fees changed since 2023?“. Refunds are in “Which Korean patent fees are refundable?“.

The provisions on infringement changed three times

The limit on damages for intentional infringement rose on 21 August 2024. Where the infringement is found to be intentional, the court can set damages within a range not exceeding 5 times the amount recognized as loss (Art. 128(8)). [8] The previous limit was 3 times. [8] The eight matters of Article 128(9), which are considered when the damages are determined, were not changed by this amendment. [1][8]

Exporting was added to the acts of working on 22 July 2025. Act No. 20700 added “exporting” to Article 2, subparagraph 3 (a) and (c). [10] Item (a) is an invention of a product, and item (c) is an invention of a process for manufacturing a product. [10] Item (b), on an invention of a process, is not in the text of the amendment. [10] “Exporting” was also added to Article 127, subparagraphs 1 and 2, which set out the acts deemed infringement. [10] “Exporting” was also added to Article 181(1) and to paragraph (2), subparagraphs 2 and 3, of the same Article. [10] Article 181 is the provision on the cases in which the effect of a patent does not extend to acts done in good faith after a decision to revoke the patent or a trial decision becomes final and conclusive and before the petition for retrial is registered. [10]

The amendment of 27 May 2025 changed only a term. “Type of behavior” (행위태양) in Article 126-2 became “content, manner and form of the act” (행위의 내용·방식·형태). [9] The statement of reasons for the amendment published by the Ministry of Government Legislation says that the terms are revised so that the public can understand the Act easily. [9]

Details are in “When are enhanced damages available in Korea?” and “Is exporting an infringing act in Korea?”.

A cap was introduced for patent term extension for approval, etc.

Act No. 20700, which entered into force on 22 July 2025, revised the patent term extension for approval, etc. in three places. [10]

  • Cap on the extension. The term cannot be extended beyond 14 years from the date on which the approval, etc. was obtained (Art. 89(1), proviso). [10] The main clause, under which the term is extended only once, by up to 5 years, for the period during which the invention could not be worked, is unchanged. [10]
  • One patent for one approval, etc. Where there are two or more patents for one approval, etc., the application for registration of an extension of a patent must be filed for only one of those patents (Art. 90(7)). [10] Where applications for registration of an extension are filed for two or more patents for one approval, etc., the term of none of the patents can be extended. [10]
  • Applications deemed never to have been filed. Where an application for registration of an extension is abandoned, invalidated or withdrawn, or a decision of rejection or a trial decision to reject becomes final and conclusive, that application is deemed never to have been filed when Article 90(7) is applied (Art. 90(8)). [10]

A violation of Article 90(7) became a ground for rejection and a ground for invalidation of the registration of an extension (Art. 91, subparagraph 6; Art. 134(1), subparagraph 6). [10] Where a trial decision for invalidation under Article 134(1), subparagraph 6, becomes final and conclusive, that application for registration of an extension is deemed never to have been filed (Art. 134(5)). [10]

A parenthetical was added to “term” in Article 89(1). Where an extension of the term is registered under Article 92-5(2), the term means the term up to the extended date. [10] The wording of the grounds for rejection and the grounds for invalidation was also aligned. The period “during which the patented invention could not be worked” in Article 91, subparagraph 3, was changed to the period “of extension”. [10] The same phrase in Article 134(1), subparagraph 3, and in paragraph (4), subparagraph 1, of the same Article was changed to the period “of extension recognized under Article 89”. [10] Article 78(1) and (3) were added to the provisions that apply mutatis mutandis to the examination of an application for registration of an extension (Art. 93). [10] Article 78(1) provides for suspension of the examination procedure, and paragraph (3) provides that no appeal can be filed against that suspension. [1]

Details are in “How does patent term extension work in Korea?”.

Six things were added to trial proceedings

The proceedings of the IPTAB changed through three Acts. [2][3][6]

Enforcement date Provision Content
21 October 2021 Art. 154-2 The presiding administrative patent judge can, by a decision made ex officio, designate professional examiners and have them participate in the trial proceedings. At least 1 is designated for each case after hearing the opinions of the parties [2]
18 November 2021 Art. 158-2 Articles 146, 147 and 149 of the Civil Procedure Act (민사소송법) apply mutatis mutandis to the submission of arguments or evidence in trial proceedings (principle of timely presentation) [3]
18 November 2021 Art. 164-2 Where the presiding administrative patent judge finds it necessary for the reasonable resolution of a trial case, he or she can, with the consent of the parties, suspend the trial proceedings and refer the case to the Committee for Mediation of Disputes over Industrial Property Rights (산업재산권분쟁조정위원회). Where mediation succeeds, the petition for trial is deemed withdrawn [3]
18 February 2022 Art. 132-16(3) The IPTAB can have personnel in charge of investigation and research and other affairs [3]
15 March 2024 Art. 141(1), proviso Where the matters to be amended in a petition for trial are minor and clear, the presiding administrative patent judge can amend them ex officio [6]
15 March 2024 Art. 154-3 Where the presiding administrative patent judge finds it necessary for the hearing of a case, taking into account the impact on industry and other factors, he or she can have public organizations and other expert witnesses submit written opinions. State agencies and local governments can submit written opinions on matters of public interest [6]

The ex officio amendment by the presiding administrative patent judge has a procedure. The presiding administrative patent judge must notify the petitioner of the matters amended ex officio (Art. 141(4)). [6] If the petitioner cannot accept them, the petitioner must submit a written opinion within 7 days from the date the notification is received (paragraph (5) of the same Article). [6] Where the petitioner submits a written opinion, the matters amended ex officio are deemed never to have existed (paragraph (6) of the same Article). [6] Where the ex officio amendment is clearly wrong, it is also deemed never to have existed (paragraph (7) of the same Article). [6]

Where an expert witness submits a written opinion, the presiding administrative patent judge must give the parties an opportunity to state their opinions orally or in writing (Art. 154-3(3)). [6]

Where the mediation procedure ends without success, the presiding administrative patent judge revokes the decision to suspend and resumes the trial (Art. 164-2(3)). [3] When referring a case, the presiding administrative patent judge must send the records of that trial case to the mediation committee (paragraph (2) of the same Article). [3] Removal of documents from the office premises for this mediation was permitted by Article 217(1), subparagraph 1-2. [3] The short name “mediation committee” (조정위원회) was inserted in Article 109. [3]

Penal provisions for professional examiners were introduced together. A current or former professional examiner who divulges another person’s confidential information learned in the course of performing his or her duties is punished (Art. 226(2)). [2] The penalty is imprisonment with or without labor for not more than 2 years, or a fine not exceeding KRW 10 million. [2] Professional examiners are deemed public officials when Articles 129 to 132 of the Criminal Act (형법) are applied (Art. 226-2(2)). [2] In Article 226-2(1), the cited provision changed from “Article 226” to “Article 226(1)”. [2]

In Article 141(2), “paragraph (1)” changed to “the main clause of paragraph (1)”. [6] It is the paragraph on dismissal by decision where an order to amend is not complied with. [6]

Other amendments

  • Ex officio amendment by the examiner (18 November 2021). An ex officio amendment must be made within the scope under Article 47(2) (Art. 66-2(1), latter part). [3] Where an ex officio amendment exceeds that scope, or amends a matter that is not clearly wrong, the ex officio amendment is deemed never to have existed (paragraph (6) of the same Article). [3]
  • Request for division of a jointly owned patent (20 April 2022). The remaining co-owners (joint owners) who were working the patented invention before the request for division of a jointly owned patent have a non-exclusive license even if the patent is transferred by auction or similar means (Art. 122). [4] The holder of the non-exclusive license must pay equitable remuneration (reasonable consideration) to the person to whom the patent is transferred. [4]
  • Offence of violating the prohibition against filing a patent application in a foreign country or the order to keep an invention confidential (22 July 2025). A person who violates the prohibition against filing a patent application in a foreign country, or the order to keep an invention confidential, under Article 41(1) is punished by imprisonment with labor for not more than 5 years or a fine not exceeding KRW 50 million (Art. 229-3). [10] Under the joint penalty provisions, a corporation is punished by a fine not exceeding KRW 100 million, and an individual by the fine of Article 229-3 (Art. 230, main clause and subparagraph 3). [10] The exception is where the corporation or individual was not negligent in giving due attention and supervision to prevent the violation (Art. 230, proviso). [10] Article 41(1) is the provision on the prohibition and the order that the Government issues where necessary for national defense. [1]
  • Digitization of patent documents (7 August 2024). Article 217-2 was deleted. [7] Article 217(1), subparagraph 2, now refers to the digitization of industrial property documents under Article 12(1) of the Act on Facilitation of Management and Utilization of Industrial Property Information. [7] “Patent document digitization agency” (특허문서 전자화기관) was removed from Article 226-2(1). [7]
  • Names of the agency and of the ordinance (1 October 2025). By the amendment to the Government Organization Act, “Commissioner of the Korean Intellectual Property Office” (특허청장) became “Minister of Intellectual Property” (지식재산처장), “Korean Intellectual Property Office” (특허청) became “Ministry of Intellectual Property” (지식재산처), and “Ordinance of the Ministry of Trade, Industry and Energy” (산업통상자원부령) became “Prime Ministerial Decree” (총리령). [11] “Foreign intellectual property office” (외국 특허청) in Article 217(1), subparagraph 4, became “foreign patent authority” (외국 특허담당 정부기관). [11] Compared with the preceding version in force, the text differs in 95 Articles, and all of those differences are these name changes. [11] Details are in “What changed when KIPO became the Ministry of Intellectual Property (MOIP) on 1 October 2025?“.
  • Last day of a period (11 November 2025). The name of the day included in official holidays under Article 14, subparagraph 4, changed to “Workers’ Day (노동절) under the Act on the Designation of Workers’ Day”. [12] The wording under which Saturdays are included in official holidays is unchanged. [12]

Cases that straddle the enforcement date

For each Act, the Addenda separately set out the cases to which the amended provisions apply. In the table below, two rows use the filing date or the submission date as the reference point: the deemed priority claim of a divisional application and the exemption or reduction of official fees.

Amendment Cases to which the amended provisions apply Addenda
3-month period for filing a petition for trial (Art. 132-17) Beginning with patent applications for which the certified copy of the decision of rejection, or of the decision to reject the application for registration of an extension, is served on or after 20 April 2022 Act No. 18505, Art. 11 [4]
Re-examination (Art. 67-2(1) and (3)) Beginning with patent applications for which the certified copy of a decision of rejection, a decision to grant, or a trial decision to revoke a decision of rejection (limited to a trial decision made to register a patent; including a trial decision on retrial) is served on or after 20 April 2022 Act No. 18505, Art. 7 [4]
Period for a divisional application (Art. 52(1)) Beginning with 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 Act No. 18505, Art. 3(1) [4]
Deemed priority claim of a divisional application (Art. 52(4) and (5)) Beginning with divisional applications filed on or after 20 April 2022 Act No. 18505, Art. 3(2) [4]
Separational application (Art. 52-2) Beginning with separational applications that separate part of a patent application for which a petition for trial against the decision of rejection is filed on or after 20 April 2022 Act No. 18505, Art. 4 [4]
Period for a converted application (Art. 53(1)) Beginning with converted applications based on a utility model application for which the certified copy of the decision to reject utility model registration is served on or after 20 April 2022 Act No. 18505, Art. 5 [4]
Domestic priority (Art. 55(1), subparagraph 4, and (8); Art. 56(1), subparagraph 2) Beginning with priority claims based on an earlier application for which the certified copy of a decision to grant, a decision to grant utility model registration, or a revoking trial decision that decides registration (including a trial decision on retrial) is served on or after 20 April 2022 Act No. 18505, Art. 6 [4]
Requirement for reinstatement (Art. 16(2); Art. 81-3(1)) Also to cases in which a period was not met due to good cause before the enforcement date and, as of 20 April 2022, 2 months have not passed from the date on which the cause ceased to exist Act No. 18505, Arts. 2 and 9 [4]
Requirement for restoration of a patent application (Art. 67-3(1)) Also to cases in which a period was not met due to good cause before the enforcement date and 2 months have not passed from the date on which the cause ceased to exist Act No. 18505, Art. 8 [4]
Request for division of a jointly owned patent (Art. 122) Beginning with cases in which division of a jointly owned patent is requested on or after 20 April 2022 Act No. 18505, Art. 10 [4]
Examiner’s ex officio amendment deemed never to have existed (Art. 66-2(6)) Beginning with patents for which the grant is registered on or after 18 November 2021 Act No. 18409, Art. 2 [3]
Refund of the fee for request for examination (Art. 84(1)) Beginning with patent applications withdrawn or abandoned on or after 18 November 2021 Act No. 18409, Art. 4 [3]
Exemption or reduction (Art. 83): patent fees Beginning with patent applications for which the certified copy of a decision to grant, or of a revoking trial decision made to register a patent (including a trial decision on retrial), is served on or after 18 February 2022 Act No. 18409, Art. 3(1) [3]
Exemption or reduction (Art. 83): official fees Beginning with patent applications submitted on or after 18 February 2022 Act No. 18409, Art. 3(2) [3]
Collection of double the amount for improper exemption or reduction (Art. 83(4)) A person who obtained the exemption or reduction by improper means before 18 February 2022 is governed by the previous provisions Act No. 18409, Art. 6 [3]
5-year period for claiming a refund (Art. 84(3)) Also to patent fees and official fees for which the previous period for claiming a refund has not passed as of 18 October 2022 Act No. 19007, Art. 2 [5]
5-times limit on damages (Art. 128(8)) Beginning with violations that occur on or after 21 August 2024 Act No. 20322, Art. 2 [8]
Patent term extension (Art. 89(1); Art. 90(7) and (8); Art. 91; Art. 93; Art. 134(1), (4) and (5)) Beginning with applications for registration of an extension for patented inventions for which the approval, etc. is obtained on or after 22 July 2025 Act No. 20700, Art. 2 [10]
Professional examiners (Art. 154-2; Art. 226; Art. 226-2) Also to trial cases pending before the IPTAB as of 21 October 2021 Act No. 18098, Art. 2 [2]
Referral to the mediation committee (Art. 164-2) Also to cases in which the trial is in progress as of 18 November 2021 Act No. 18409, Art. 5 [3]
Written opinions of expert witnesses (Art. 154-3) Also to trial cases pending before the IPTAB as of 15 March 2024 Act No. 19714, Art. 2 [6]

Some amendments have no applicability provision or transitional measure in the Addenda. For the amendments below, the Addenda to that Act state nothing other than the enforcement date.

  • The amendment that added exporting to the acts of working (Art. 2, subparagraph 3; Art. 127; Art. 181). Article 2 of the Addenda to Act No. 20700 names only the provisions on patent term extension. [10] The Addenda contain no provision stating how exporting done before 22 July 2025 is treated. [10]
  • The offence of violating the prohibition against filing a patent application in a foreign country or the order to keep an invention confidential (Art. 229-3; Art. 230). [10]
  • The principle of timely presentation in trials (Art. 158-2) and the scope of the examiner’s ex officio amendment (Art. 66-2(1), latter part). [3]
  • The investigation and research personnel of the IPTAB (Art. 132-16), the short name in Article 109, and the removal of documents for mediation (Art. 217(1), subparagraph 1-2). [3]
  • The provisions that Act No. 18505 revised to match the separational application (Art. 55(1), subparagraph 2; Art. 59(3); Art. 62, subparagraph 6; Art. 84(1), subparagraph 4; Art. 92-2(4); Art. 133(1), subparagraph 7). [4] The applicability provision for the separational application itself is Article 4 of the Addenda in the table above. [4]
  • The ex officio amendment by the presiding administrative patent judge (Art. 141). [6]
  • The digitization of patent documents (Art. 217(1), subparagraph 2; Art. 217-2; Art. 226-2(1)). The transitional measures in Articles 2 to 4 of the Addenda to Act No. 20200 concern the designation and establishment of agencies. [7]
  • The revision of the term “type of behavior” (Art. 126-2). The Addenda to Act No. 20975 are one sentence stating that the Act enters into force on the date of its promulgation. [9]

This article does not state a conclusion for the cases that the Addenda do not address.

What is not yet settled

The amended Article 81-3(1), which enters into force on 16 March 2027, leaves to Prime Ministerial Decree the amount to pay when requesting reinstatement. [13] It also leaves to Prime Ministerial Decree the matters necessary for the request for reinstatement (amended Art. 81-3(7)). [13]

As of 9 October 2026, the Regulation on the Collection of Patent Fees, etc., the Enforcement Rules of the Patent Act (특허법 시행규칙) and the Enforcement Decree of the Patent Act (특허법 시행령) have no version listed by the Ministry of Government Legislation as scheduled to enter into force. [1]

The amended provisions apply beginning with 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 (Act No. 21955, Addenda, Art. 2). [13]

What applicants should do

  • In general, if a table of deadlines for Korean procedures was made before 20 April 2022, we suggest checking it again, starting with the periods after a decision of rejection. The periods for the trial, re-examination and a divisional application changed from 30 days to 3 months.
  • For pending cases, we suggest reading the Addenda before the current provisions. The reference event differs for each amendment: the date of service of the certified copy, the date of withdrawal, the date on which the approval, etc. was obtained, or the date on which the violation occurred.
  • Where a product is manufactured in Korea and exported, we suggest reviewing exports made on or after 22 July 2025 separately.
  • When planning a patent term extension for approval, etc., we suggest first deciding which of the patents tied to one approval, etc. the application will be filed for. If applications are filed for two or more, none of them can be extended.
  • For a case in which an annual fee was missed, we suggest first checking whether the expiration dates of the period for late payment and the period for payment of under-paid patent fees are before 16 March 2027 or on or after it.

Please confirm with your agent which provisions apply to an individual case.

FAQ

Must a petition for trial against a decision of rejection be filed within 30 days in Korea?

No. It is within 3 months from the date on which the certified copy of the decision is served (Art. 132-17). [4] The 3 months apply beginning with patent applications for which the certified copy of the decision of rejection, or of the decision to reject the application for registration of an extension, is served on or after 20 April 2022 (Act No. 18505, Addenda, Art. 11). [4]

From which infringements do the 5-times damages apply?

Beginning with violations that occur on or after 21 August 2024 (Act No. 20322, Addenda, Art. 2). [8]

Since when has exporting been an act of working under the Patent Act?

The amended Article 2, subparagraph 3, which added exporting, entered into force on 22 July 2025. [10] The Addenda to Act No. 20700 contain no applicability provision for this provision. [10]

What is the next Patent Act amendment to enter into force?

It is Act No. 21955, which enters into force on 16 March 2027. [13] It revises Article 81-3 and Article 87(2), subparagraph 4. [13] As of 9 October 2026, this is the only version of the Patent Act listed as scheduled to enter into force. [1]

How DEFINE IP Law Firm handles this

When the law changes, DEFINE IP Law Firm reads the applicability provisions in the Addenda and determines which provisions apply to each case. We check deadlines not only against the current provisions but also against the date of service in that case and the enforcement date. For an amendment that has been promulgated but is not yet in force, we separately check the enforcement date and the promulgation of subordinate statutes. For questions about amendments to the Korean Patent Act and the cases they apply to, please write to contact@defineip.kr.

Sources

  1. Patent Act (특허법), Act No. 21134, in force from 11 November 2025. List of versions by enforcement date, Articles 14, 41, 52, 78, 81-3, 84 and 128. Lists of versions by enforcement date of the Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙), the Enforcement Rules of the Patent Act (특허법 시행규칙) and the Enforcement Decree of the Patent Act (특허법 시행령). https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  2. Patent Act (특허법), Act No. 18098, promulgated 20 April 2021, in force from 21 October 2021. Text of the amendment, statement of reasons for the amendment (provided by the Ministry of Government Legislation (법제처)), Addenda. Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  3. Patent Act (특허법), Act No. 18409, promulgated 17 August 2021, in force from 18 November 2021 (Articles 83 and 132-16 in force from 18 February 2022). Text of the amendment, statement of reasons for the amendment, Addenda Arts. 1 to 6. Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  4. Patent Act (특허법), Act No. 18505, promulgated 19 October 2021, in force from 20 April 2022. Text of the amendment, statement of reasons for the amendment, Addenda Arts. 1 to 11. Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  5. Patent Act (특허법), Act No. 19007, promulgated and in force 18 October 2022. Text of the amendment, statement of reasons for the amendment, Addenda. Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  6. Patent Act (특허법), Act No. 19714, promulgated 14 September 2023, in force from 15 March 2024. Text of the amendment, statement of reasons for the amendment, Addenda. Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  7. Act on Facilitation of Management and Utilization of Industrial Property Information (산업재산 정보의 관리 및 활용 촉진에 관한 법률), Act No. 20200, promulgated 6 February 2024, in force from 7 August 2024. Addenda Arts. 2 to 6 (Art. 5(3) is the amendment to the Patent Act). Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  8. Patent Act (특허법), Act No. 20322, promulgated 20 February 2024, in force from 21 August 2024. Text of the amendment, statement of reasons for the amendment, Addenda. Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  9. Patent Act (특허법), Act No. 20975, promulgated and in force 27 May 2025. Text of the amendment, statement of reasons for the amendment, Addenda. Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  10. Patent Act (특허법), Act No. 20700, promulgated 21 January 2025, in force from 22 July 2025. Text of the amendment, statement of reasons for the amendment, Addenda Arts. 1 and 2. Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  11. Government Organization Act (정부조직법), Act No. 21065, promulgated and in force 1 October 2025. Addenda Art. 7(580) (the amendment to the Patent Act). Version history at https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  12. Act on the Designation of Workers’ Day (노동절 제정에 관한 법률), Act No. 21134, which wholly amended the Designation of Workers’ Day Act (근로자의 날 제정에 관한 법률), promulgated and in force 11 November 2025. Addenda Art. 2(9) (the amendment to the Patent Act). https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
  13. Patent Act (특허법), Act No. 21955, promulgated 15 September 2026, in force from 16 March 2027. Text of the amendment, statement of reasons for the amendment, Addenda Arts. 1 and 2. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)