Deduction of Official Fees regarding Japanese Patent Application
As you may know, the deduction practice regarding the following Official Fees was recently revised in Japan: (i) Request for Examination Fees; and (ii) 1st through 10th Annuities.
Under the new practice, if you are a venture company, which satisfies the following conditions, Two-Thirds of the Official Fees can be deducted: (a) Established within 10 years and capitalized at JPY 300,000,000 or less; and (b) Not controlled by large enterprise.
As to the Request for Examination, please note that the Official Fee is calculated based on the number of claims: JPY 106,000 (basic fee) + JPY 3,600 x N (the number of claims)
Hence, previously, when filing a Request for Examination, we asked our clients if there are any less important claims that can be canceled, taking into consideration the balance between the examination costs and the coverage of protection which they wish to obtain. However, under the new practice of two-thirds deduction, we will ask the clients if there are any new claims to be added when filing a Request for Examination.
Meanwhile, please understand that there is a possibility that the applicant, especially in the case of a foreign applicant, may not be recognized as being eligible for the deduction under the Japanese law, and in such a case, that it will be required to pay surcharges, which will be the same as the deducted amount, later. For more details, please do not hesitate to contact us at email@example.com.
On June 17, 2019, the Japan Patent Office published an English leaflet regarding the new patent fee reduction/exemption program.