Source: KIPO
The Korean Intellectual Property Office (KIPO) has recently amended the Official Fees Collection Rule that decreases a patent registration fee and a utility model registration fee in order to lighten the patent and utility model owner’s financial burden; that increases fees for a request for examination, a demand for a trial, prior art search and international preliminary examination according to the Patent Cooperation Treaty (PCT) in consideration of the cost of examination, a trial and search; and that expands the rate of a fee reduction and exemption for medium sized enterprises in order to improve the official fee reduction and exemption system. The amended Rule will be enforced as of January 1, 2009 and the major points of amendments are as follows:
1. A patent registration fee and a utility model registration fee up to the 9th year are decreased (about 5 to 30% decrease), and if a notice of decision to grant a patent or a trial decision to grant a patent is issued before January 1, 2009, a previous Rule shall be paid, and the amended Rule is applied from the payment of the first registration fee on or after January 1, 2009.
2. A fee for a request for examination for a patent or a utility model is increased (about 20% to 30% increase), a fee for a demand for a trial will be increased (about 100% increase), an international application fee under the PCT is increased (about 100% to 300% increase).
3. The reduction rate for a medium sized enterprise is increased from 50% to 70% and the number of cases enjoying such reduction is limited to 10 per year.
Accordingly, since higher request for examination fees should be paid if the request for examinations for pending applications are made on or after January 1, 2009, the request for examination for pending cases should be made on or before December 31, 2008 as much as possible.