Can a lapsed patent be restored in Korea?

If you miss not only the annual-fee payment deadline but also the six-month grace period (see above), the patent lapses. However, under Korean patent law there are two different situations in which you may file a request for its restoration:

  • If non-payment was due to reasons beyond your control, you have up to twelve more months as from the lapse date (end of the grace period) to file your restoration request.
  • Even if there was no particular reason for the non-payment, you may file a request for restoration within three months as from the lapse date (end of the grace period), provided you pay penalty fees.