Six months' grace, with a surcharge
An annuity, or the registration fee due on allowance, can still be paid within six months after the due date. A surcharge is added for each month started:
| Paid within | Surcharge |
|---|---|
| 1st month after the due date | 3% |
| 2nd month | 6% |
| 3rd month | 9% |
| 4th month | 12% |
| 5th month | 15% |
| 6th month | 18% |
After the grace period
If the fee is still unpaid, a patent lapses with effect from the end of the last year paid. If it was the registration fee on allowance, the application is deemed abandoned.
Restoration
- Any reason: within 3 months. Within three months after the grace period, the owner of a lapsed patent can apply to restore it by paying twice the annuity. No reason has to be shown.
- Justifiable reason: within 2 months of its removal. If the fee was not paid for a justifiable reason, it can be paid within two months after the reason ceased, but no later than one year after the grace period ended. This route also restores an application deemed abandoned for a missed registration fee.
Third parties during the lapse
A restored patent has no effect against acts done while it had lapsed, and anyone who began working the invention in Korea in good faith during that time keeps a non-exclusive licence, for reasonable compensation.
Designs
Korean designs follow the same structure: six months' grace, restoration within three months by paying twice the fee, and restoration for a justifiable reason.
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Questions
Is there a grace period for Korean patent annuities?
Yes, six months after the due date, with a surcharge of 3% for each month started, up to 18%.
Can a lapsed Korean patent be restored?
Yes. Within three months after the grace period, by paying twice the annuity, without showing a reason; or, for a justifiable reason, within two months after the reason ceased and no later than one year after the grace period.
What if the registration fee on allowance was not paid?
The application is deemed abandoned after the six-month grace period. It can be restored only for a justifiable reason, within two months after the reason ceased and no later than one year after the grace period.
Does the same apply to Korean designs?
Yes. The Design Protection Act has the same grace period and restoration routes.
Legal basis
- Patent Act, Art. 81 — six-month late payment period and lapse
- Patent Act, Art. 81-3 — restoration (justifiable reason; within 3 months at twice the fee) and third parties
- Rules on the Collection of Patent Fees, Art. 8 — surcharge of 3% to 18% (para. 6)
- Design Protection Act, Art. 82, Design Protection Act, Art. 84 — designs