(1) Patent fees or official fees already paid shall be refunded only in any of the following cases at the payer’s request: <Amended on May 18, 2015; Feb. 29, 2016; Mar. 29, 2016; Aug. 17, 2021; Oct. 19, 2021>
1. Patent fees or official fees paid erroneously;
2. Portions of patent fees for the years subsequent to the year in which a decision to revoke a patent under Article 132-13 (1) or a trial ruling invalidating a patent becomes final and conclusive;
3. Portions of patent fees for the years subsequent to the year in which a trial ruling invalidating registration of patent term extension becomes final and conclusive;
4. Official fees for filing a patent application or for filing a priority claim for a patent application, out of the official fees already paid where the patent application is voluntarily withdrawn or abandoned within one month after filing the patent application (excluding a divisional application, splitting-off, converted application, or patent application for which a request for expedited examination has been filed under Article 61);
5. Official fees already paid for a request for the examination of a patent application, where the patent application is voluntarily withdrawn (including cases where a patent application is deemed to be voluntarily withdrawn under Article 53 (4) or under the main clause of Article 56 (1); hereafter in this Article the same shall apply) or abandoned after a request for the examination of the patent application is filed but before any of the following dispositions is made:(a) The order to report the results of agreement under Article 36 (6) (limited to patent applications filed by one and the same person);(b) Deleted; <Aug. 17, 2021>(c) The notice of grounds for rejection under Article 63;(d) Service of the certified copy of a decision to grant a patent under Article 67 (2);5-2. Where a patent application is withdrawn or abandoned within any of the following periods after a request for examination of the application is filed, an amount equivalent to 1/3 of the official fees already paid for a request for the examination of the patent application:(a) From issuance of an order to report under subparagraph 5 (a) until not later than expiration of the reporting period;(b) From issuance of the notice of grounds for rejection under subparagraph 5 (c) (limited to cases falling under Article 47 (1) 1) until not later than expiration of the period of submission of a written statement;
6. Portions of patent fees for the years subsequent to the year in which the patent was abandoned;
7. Official fees for a petition for a trial (referring to official fees for a petition for a retrial in cases of a retrial; hereafter the same shall apply in this Article), among the official fees already paid, where the ruling rejecting the patent application or the ruling refusing to register the extended term of the patent is revoked pursuant to Article 176 (1) (including the cases where it applies mutatis mutandis to the procedure for retrials pursuant to Article 184, but excluding the cases where there is an amendment under Article 47 (1) 1 or 2, which shall apply mutatis mutandis pursuant to Article 170 (1), in trials or retrials);
8. Half the amount of the already paid official fees for a petition for a trial where the petition for a trial is dismissed by decision pursuant to Article 141 (2) and such decision becomes final (including the cases where it applies mutatis mutandis to the procedure for retrials pursuant to Article 184);
9. Half the amount of the official fees for a petition for an intervention, among the official fees already paid, where a petition for an intervention pursuant to Article 155 (1) is withdrawn before the closing of the trial review is notified (including the cases where it applies mutatis mutandis to the procedure for retrials pursuant to Article 184);
10. Half the amount of the official fees for a petition for an intervention, among the official fees already paid, where a petition for an intervention pursuant to Article 155 (1) is rejected by decision (including the cases where it applies mutatis mutandis to the procedure for retrials pursuant to Article 184);
11. Half the amount of the official fees for a petition for a trial, among the official fees already paid, where a petition for a trial is withdrawn before the closing of the trial review is notified (including the cases where it applies mutatis mutandis to the procedure for retrials pursuant to Article 184).
(2) If any subparagraph of paragraph (1) applies to a patent fee or official fee paid, the Commissioner of the Korean Intellectual Property Office or the President of the Intellectual Property Trial and Appeal Board shall give notice thereof to the relevant payer. <Amended on Mar. 29, 2016>
(3) No claim for refund of a patent fee or official fee referred to in paragraph (1) may be filed after five years from the date when a person receives notice under paragraph (2). <Amended on Oct. 18, 2022>[This Article Wholly Amended on Jun. 11, 2014]