Search
Professionals
21-07-30
A bill revising the Korean Patent Act was passed on July 23, 2021, expanding the scope of refund of examination fees.
In Korea, when filing a request for examination of a patent application, an applicant pays official fees, which are calculated based on the number of claims. Under the current Patent Act, the official examination fees are limitedly refunded if the applicant files a request for withdrawal/abandonment of the application prior to the initiation of substantive examination.
Under the revised Patent Act, however, the applicable time frame and the scope of refund have been expanded as shown below in order to strengthen the rights and interests of the applicants.
|
Time for Withdrawal/Abandonment |
Current Act |
Revised Act |
Scope of Refund |
|
After KIPO receives results of prior art search outsourced to a prior art search institute by KIPO but before a first action is issued |
Not Refundable |
Refundable |
Examination Fees in Full |
|
After a non-final Office Action (including a Notice Requesting Consultation between two or more applicants under first-to-file rule) is issued but before the deadline for responding to the Office Action |
Not Refundable |
Refundable |
1/3 of Examination Fees |
The revised Patent Act will take effect three (3) months after promulgation. Once the exact enforcement date is set, we will notify you.
We would be pleased to answer any questions you may have.
IPTAB’s Favorable Decision on Inventive Step of PCG and ECG Analysis Technology using Portable Sensor Device | 2021-08-05
LEE INTERNATIONAL successfully argued an inventive step of an invention relating to a memory cell and a memory array by arguing the differences in the technical feature and effect of the inventive arrangements of a magnetic moment from the prior art. | 2021-05-28
SHARE
Go to List page