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Patent Act — Article 81 (Late Payment of Patent Fees)

특허법 제81조

This English translation is based on the Korean text effective 2024-08-21. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

(1) A person who intends to obtain grant of a patent registered or a patentee may make late payment of a patent fee within six months upon expiration of the period for payment specified in Article 79 (3) (hereinafter referred to as "period for late payment").

(2) In cases of late payment of a patent fee under paragraph (1), an amount specified by Ordinance of the Ministry of Trade, Industry and Energy shall be paid, which shall not exceed double the amount of the patent fee originally due.

(3) If a person who intends to obtain grant of a patent registered fails to pay a patent fee (referring to where a person fails to pay an under-paid patent fee during the period for payment, if the period for late payment has expired, but the period for payment of an under-paid patent fee under Article 81-2 (2) has not expired), the person shall be deemed to abandon the patent application, and the patent granted to the patentee shall be deemed to have expired retroactively on the day immediately following the expiration of the period for which patent fees were paid under Article 79 (1) or (2).[This Article Wholly Amended on Jun. 11, 2014]

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