On August 21, 2026, the Korean Ministry of Intellectual Property announced amendments to the Patent Act, the Utility Model Act, and the Design Protection Act, aimed at addressing the issue of individuals and small and medium-sized enterprises (SMEs) losing their patent rights due to insufficient funds or manpower, weak patent management capabilities, or simply due to errors.

1. Reinstatement Criteria Relaxed from “Just Cause” to “Non-Intentional Circumstances”

The core of this amendment is a significant lowering of the threshold for reinstating patent rights after the expiration of a patent fee payment deadline. Previously, applicants had to provide evidence of “just cause,” such as COVID-19 quarantine or system failures, to apply for reinstatement; under the revised provisions, reinstatement can be granted upon payment of an additional processing fee whenever the delay results from “non-intentional circumstances,” such as simple errors or negligence.

2. Individuals and Small and Medium-Sized Enterprises (SMEs) Are the Primary Beneficiaries

This amendment will significantly reduce the risk of losing rights for individuals and SMEs, who often have limited capacity for deadline management. Data shows that from April 2022 to December 2025, approximately 85% of all patent reinstatement applications came from individuals and SMEs, of which only about 15.6% were approved based on “just cause.” Following the amendment, rights can be restored in the vast majority of cases involving unintentional delays; at the same time, South Korea’s patent restoration system will align with international standards such as those of the United States and Japan, thereby enhancing the credibility of the patent system.

3. Advancing Supporting Legislation for Accession to the Patent Law Treaty (PLT)

This amendment marks the first piece of supporting legislation introduced by South Korea in preparation for its accession to the Patent Law Treaty (PLT). The PLT is an international treaty aimed at harmonizing patent procedures across nations. As of July 2026, 45 countries, including the United States and Japan, have acceded to the PLT. Taking this relaxation of the requirements for restoration of rights as a starting point, the Korean Intellectual Property Office will submit the regulations required for PLT accession in the second half of this year. It will gradually advance legislation on remaining matters, such as the priority restoration system (allowing restoration even after missing the 12-month priority claim period), and strive to complete the process of joining the PLT by 2029 through amendments to subordinate regulations and upgrades to information systems.

The Korean Ministry of Intellectual Property stated that the amendments to intellectual property-related laws are intended to provide robust protection for individuals and small and medium-sized enterprises (SMEs) facing the risk of losing their patents due to minor errors. The Ministry will steadily advance preparations for PLT accession, remove institutional barriers to patent acquisition for businesses, and promote the modernization of Korea’s patent system.