Korea Intellectual Property Office announces bill easing patent restoration

The Korea Intellectual Property Office said the National Assembly passed a bill making patents lost after missed fee payments easier to restore.

The amendment would let patent holders recover rights extinguished by unpaid fees after an unintentional lapse by paying an additional charge set under a prime ministerial ordinance. The National Assembly also passed amendments to the Utility Model Act and the Design Protection Act, which pursue the same objective.

Previously, only applicants who proved a justifiable reason, such as COVID-19 isolation or a system malfunction, could recover patent rights lost to unpaid fees.

The office said it prepared the change because individuals and small businesses with limited funding and staff can struggle to manage patents. From April 2022 through December 2025, individuals and small businesses accounted for 85 percent of patent-restoration applications, while only 15.6 percent of all applications ended with rights restored after justifiable reasons were accepted. The office expects most cases to qualify for restoration under the new standard for unintentional lapses.

"This bill is a measure to more strongly protect individuals and small businesses at risk of losing valuable patents through minor mistakes," Kim Yong-seon, commissioner of the office, said.

The bill also reflects provisions needed for Korea to join the Patent Law Treaty, which sets a common standard for patent procedures. The office plans to submit further deregulation bills required for the treaty in the second half of the year, including a system for restoring priority claims after holders miss the 12-month deadline. It plans to complete the necessary legislation, subordinate-rule revisions and information-system changes to join by 2029.