IP Newsletter | Summer 2015
	PATENT
	Time for Refund of KIPO Examination Fees Extended
	Under a recent amendment to the Korean Patent Act ("KPA"), examination fees paid to the Korean Intellectual Property Office ("KIPO") for a patent application are refundable if the application is withdrawn or abandoned in writing before undergoing substantive examination. The amendment (effective May 18, 2015) thus provides more time for applicants to request a refund of examination fees beyond one (1) month period from filing an application under the previous KPA. According to Korean patent practice, a patent application is substantively examined only after a request for examination is filed with the payment for the examination fees (which can be a significant amount depending on the number of claims to be examined). Before the amendment to the KPA, an applicant had limited time to seek a refund of the examination fees because a refund of the official fees (application fees, examination fees, and priority claim fees) was only available if the patent application was withdrawn or abandoned within one (1) month from the filing of the application (except divisional applications, converted applications, and patent applications with a request for expedited examination). Accordingly, after one (1) month from the filing date, examination fees were no longer refundable, even if substantive examination of the application had not yet started. The revised KPA expands the timeframe to seek a refund of examination fees beyond the one (1) month period from the filing date of the patent application until the Examiner is expected to undertake an examination of the application. Specifically, an applicant may request a refund of examination fees upon officially withdrawing or abandoning a patent application before one of the following events occurs: (i) issuance of an order by KIPO for consultation to resolve double patenting issues; (ii) receipt of prior art search results by KIPO from KIPO-designated agencies; (iii) issuance of a first preliminary rejection; or (iv) issuance of a Notice of Allowance. Procedurally, an applicant may receive a refund of examination fees by: (i) filing a notice of withdrawal or abandonment before issuance of substantive examination results (including issuance of a first office action, such as a preliminary rejection or notice of allowance, or receipt of prior art search results by KIPO from KIPO-designated agencies), and (ii) filing a request for a refund for examination fees after receiving a written notice from KIPO indicating that the applicant is eligible to request a refund of examination fees. Under the revised KPA, applicants will have more time and flexibility in making strategic decisions on voluntarily withdrawing or abandoning patent applications according to changes in their business or IP strategies.
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