Japan Patent Registration
Patent Registration and Renewals in Japan
Practice tips for international clients regarding patent registration and renewals in Japan.
Once a patent application is in condition for allowance, the first three annuities must be paid immediately to register the application as a patent right. Starting in the fourth year, additional annuity payments are necessary on an annual basis.
01. Patent Registration
If the examiner/appeal judge determines that a patent application is ready for allowance, we receive an allowance, which is a decision to grant or a favorable appeal decision. To register the application as a patent right, the registration fee (first three annuities) must be paid within 30 days. Please be advised that the registration fee must be paid in full for a period of three years for all claims.
Deadline:
The deadline for paying the first three annuities (registration fee) is 30 days from the receipt of the allowance.
It is possible to submit a request for a 30-day extension for the payment of the first three annuities on or before the initial deadline.
Cost:
The estimated costs for paying the first three annuities are as follows (in Japanese yen):
- Official Fee: JPY 12,900 + JPY 900 x N (the number of claims)
- Attorney's Fee: JPY 30,000
If applicable, the estimated costs for obtaining the extension are as follows (in Japanese yen):
- Official Fee: JPY 2,100
- Attorney's Fee: JPY 15,000
Reduction for Small Entity, University, etc.:
In the same manner as for the official examination fee, medium and small-sized companies, universities, and other entities may submit a request for a half or two-thirds reduction in the official fee. In our practice, we generally request that international clients who filed the reduction request at the time of filing a request for examination confirm whether they are still eligible for the official fee reduction. Our firm is pleased to offer complimentary service fee waivers for reduction requests related to the registration process.
Practice for Registration:
After the payment of the first three annuities, the Japanese patent application is registered as a patent, and the patent right becomes enforceable.
Please be advised that the Japan Patent Office no longer provides paper copies of certificates of patent. Typically, a Certificate of Patent becomes available online within a few days of registration, and we promptly send an electronic copy of the certificate to our clients via email.
Deadline:
The deadline for paying the first three annuities (registration fee) is 30 days from the receipt of the allowance.
It is possible to submit a request for a 30-day extension for the payment of the first three annuities on or before the initial deadline.
Cost:
The estimated costs for paying the first three annuities are as follows (in Japanese yen):
- Official Fee: JPY 12,900 + JPY 900 x N (the number of claims)
- Attorney's Fee: JPY 30,000
If applicable, the estimated costs for obtaining the extension are as follows (in Japanese yen):
- Official Fee: JPY 2,100
- Attorney's Fee: JPY 15,000
Reduction for Small Entity, University, etc.:
In the same manner as for the official examination fee, medium and small-sized companies, universities, and other entities may submit a request for a half or two-thirds reduction in the official fee. In our practice, we generally request that international clients who filed the reduction request at the time of filing a request for examination confirm whether they are still eligible for the official fee reduction. Our firm is pleased to offer complimentary service fee waivers for reduction requests related to the registration process.
Practice for Registration:
After the payment of the first three annuities, the Japanese patent application is registered as a patent, and the patent right becomes enforceable.
Please be advised that the Japan Patent Office no longer provides paper copies of certificates of patent. Typically, a Certificate of Patent becomes available online within a few days of registration, and we promptly send an electronic copy of the certificate to our clients via email.
02. Patent Renewals
Once a Japanese patent application has been registered as a patent, the subsequent step is the payment of the fourth annuity.
Deadline:
Please note that the deadline for paying each annuity (renewal fee) is before the expiration of the patent right. Therefore, the fourth annuity payment is due on or before the three-year period from the registration date.
It is possible to extend each annuity payment deadline by six months from the original deadline by paying the late payment surcharge.
Cost:
The estimated costs for paying each annuity are as follows (in Japanese yen):
- Official Fee (*N=the number of claims)
JPY 10,300 + JPY 800 x N (year 4-6 annuity)
JPY 24,800 + JPY 1,900 x N (year 7-9 annuity)
JPY 59,400 + JPY 4,600 x N (year 10- annuity)
- Attorney's Fee: JPY 15,000
If applicable, the estimated costs for obtaining the extension are as follows (in Japanese yen):
- Official Fee (late payment surcharge): Equivalent to the annuity
- Attorney's Fee: JPY 30,000
Practice for Renewals:
In general, most of our international clients use a different channel to manage the annuity payments. Therefore, we request that our clients confirm whether they would like us to handle the annuity payments well in advance of the fourth annuity due.
Deadline:
Please note that the deadline for paying each annuity (renewal fee) is before the expiration of the patent right. Therefore, the fourth annuity payment is due on or before the three-year period from the registration date.
It is possible to extend each annuity payment deadline by six months from the original deadline by paying the late payment surcharge.
Cost:
The estimated costs for paying each annuity are as follows (in Japanese yen):
- Official Fee (*N=the number of claims)
JPY 10,300 + JPY 800 x N (year 4-6 annuity)
JPY 24,800 + JPY 1,900 x N (year 7-9 annuity)
JPY 59,400 + JPY 4,600 x N (year 10- annuity)
- Attorney's Fee: JPY 15,000
If applicable, the estimated costs for obtaining the extension are as follows (in Japanese yen):
- Official Fee (late payment surcharge): Equivalent to the annuity
- Attorney's Fee: JPY 30,000
Practice for Renewals:
In general, most of our international clients use a different channel to manage the annuity payments. Therefore, we request that our clients confirm whether they would like us to handle the annuity payments well in advance of the fourth annuity due.