[Law Amendment] Introduction of Surcharges for Divisional Applications (Effective 2023.08.01)

The amended Rules on the Collection of Patent Fees, etc. take effect on August 1, 2023.

Under the amended rules, the filing fee for divisional applications increases progressively from the second divisional application onward, to two, three, four and five times the standard fee. Because the count starts from 2023.08.01. regardless of how many divisional applications were filed earlier, the surcharge appears to apply to divisional applications filed on or after 2023.08.01.

KIPO explains that it introduced the progressive surcharge, with reference to the practice of the European Patent Office, to curb abuse of divisional applications beyond the purpose of the system, such as merely keeping an application pending or delaying examination.

However, imposing progressive surcharges in this way is expected to have the side effect of discouraging legitimate use of divisional applications for their original purpose: protecting an invention from multiple angles.

LNB IP Law Firm