KIM&CHANG
IP Newsletter | Spring/Summer 2019
PATENT
KIPO Announces Reductions to Some Official Fees
KIPO (the Korean Intellectual Property Office) has promulgated a new Enforcement Rule of Payment of Patent Fees (effective July 9, 2019) that provides for discounts to certain official fees relating to patent, design, utility model, and trademark applications in Korea.
Registration fees for allowed applications can now be reduced by KRW 10,000 (about USD 10) if the applicant requests that the official registration certificate (e.g., Letters Patent) be issued as an electronic PDF rather than a paper document. Applicants have been able to request the issuance of registration certificates in PDF form since 2018, but the discount applies only to applications allowed after July 9, 2019. At present, it is not possible to request both electronic and paper copies when paying the registration fee, but if an electronic copy is requested, the applicant may later request a paper copy for a small fee (KRW 5,000 (about USD 5)). An electronic copy may be requested for free, if a paper registration was initially issued.
Increased discounts also may now be requested in connection with the official fees to file a request for substantive examination of a patent application, where the International Search Report or International Preliminary Report on Patentability (Chapter II) for the corresponding PCT application has been issued by KIPO. In the past, the request for examination fees could be discounted 30% if either the International Search Report or International Preliminary Report on Patentability (Chapter II) for the corresponding PCT application was issued by KIPO, and 70% if KIPO issued both reports. Effective July 9, 2019, a 70% discount is available if KIPO issued either report (in addition, certain Korean-national phase patent and utility model applications may also now be eligible for expedited examination if KIPO conducted the international search for the corresponding PCT application).
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Tae Hyun KIM
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