(1) Notwithstanding Articles 79 and 82, the Commissioner of the Korean Intellectual Property Office shall exempt the payment of following patent fees or official fees:
1. Official fees or patent fees for a patent application or patent that belongs to the State;
2. Official fees for a petition for an administrative trial on an examiner's invalidation under Article 133 (1), 134 (1) or (2), or 137 (1).
(2) Notwithstanding Articles 79 and 82, the Commissioner of the Korean Intellectual Property Office may reduce or exempt the patent fees and official fees prescribed by Ordinance of the Ministry of Trade, Industry and Energy imposed on any of the following persons for patent applications or patents granted on patent applications, filed by such persons: <Amended on Mar. 29, 2016; Aug. 17, 2021>
1. Recipients of medical benefits under the National Basic Living Security Act;
2. A person who meets the requirements prescribed by Ordinance of the Ministry of Trade, Industry and Energy, among those who reside in or have a main office in a region for which the state of disaster is declared under Article 36 of the Framework Act on the Management of Disasters and Safety or for which a special disaster area is declared under Article 60 of the same Act;
3. Other persons prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) A person who seeks the benefit of reduction or exemption of patent fees or official fees under paragraph (2) shall submit documents specified by Ordinance of the Ministry of Trade, Industry and Energy to the Commissioner of the Korean Intellectual Property Office.
(4) The Commissioner of the Korean Intellectual Property Office may collect double the amount of a patent fee or official fee reduced or exempted under paragraph (2) from a person who obtains the reduction or exemption of a patent fee or official fee by fraud or other improper means, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. In such cases, paragraph (2) shall not apply to a patent application filed by an applicant or a patentee or to a patent the applicant has obtained after filing the patent application during the period prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted on Aug. 17, 2021>[This Article Wholly Amended on Jun. 11, 2014]