Procedure and Patent Renewal Fees at the Japanese Patent Office (JPO).
An informational summary of the patent renewal rules in place for Japanese patents.
Renewal Years
Renewal fees are due on patents of any age that are granted at the Japanese Patent Office. Fees for the first to third years are due as a lump sum within 30 days of the decision to grant the patent. After than, fees are annual.
Renewal Dates & Payment Windows
There are two systems running in parallel that determine a patent’s renewal date – one a legacy.
If the patent application was filed up to January 1996, the renewal date is the anniversary of publication of the examined document.
For those filed after this, the renewal date is the anniversary of the date of payment of the lump sum – i.e. shortly after the anniversary of the grant date each year.
Late Payments
When an annual fee is not paid on time, there is a six-month period during which the lapse of the patent can be avoided by paid twice the value of the missed annual fee.
Entity Types
There are two categories of patent proprietor that are given reductions to the annual fees.
If the patent proprietor is an individual, a micro enterprise or an SME under 10 years of age, fees are discounted by 66%.
If the entity owning the patent is an academic institution, an SME of any age focused on R&D or if the proprietor is receiving certain relief benefits, a discount of 50% applies.
The appropriate documentation and proof of status must be filed with the patent office in order to claim the above discounts.
Local Japanese Agent
The JPO needs the renewal fee to be paid, in accordance with guidelines, by an agent in Japan.
Per Claim Fees
The renewal fee is made up of two components. The first is a basic fee per patent, the second is an additional fee per claim listed in the official patent document. The total renewal fee due for the patent is the sum of the basic fee and the per claim fees.
Renewal Fee Schedules
There are also two fee schedules running concurrently. For patents whose application examination was requested before 1st April 2004, the older, higher fees apply. Newer patents not in this bracket benefit from the lower fees outlined below.
Fees are in JPY.
For patents with applications where examination was requested on or before 31st March 2004:
| For Patent Year | Basic Renewal Fee | Additional Fee per Claim |
|---|---|---|
| 1 | 10300 | 900 |
| 2 | 10300 | 900 |
| 3 | 10300 | 900 |
| 4 | 16100 | 1300 |
| 5 | 16100 | 1300 |
| 6 | 16100 | 1300 |
| 7 | 32200 | 2500 |
| 8 | 32200 | 2500 |
| 9 | 32200 | 2500 |
| 10 | 64400 | 5000 |
| 11 | 64400 | 5000 |
| 12 | 64400 | 5000 |
| 13 | 64400 | 5000 |
| 14 | 64400 | 5000 |
| 15 | 64400 | 5000 |
| 16 | 64400 | 5000 |
| 17 | 64400 | 5000 |
| 18 | 64400 | 5000 |
| 19 | 64400 | 5000 |
| 20 | 64400 | 5000 |
| 21 | 64400 | 5000 |
| 22 | 64400 | 5000 |
| 23 | 64400 | 5000 |
| 24 | 64400 | 5000 |
| 25 | 64400 | 5000 |
For patents with applications where examination was requested on or after 1st April 2004:
| For Patent Year | Basic Renewal Fee | Additional Fee per Claim |
|---|---|---|
| 1 | 2300 | 200 |
| 2 | 2300 | 200 |
| 3 | 2300 | 200 |
| 4 | 10300 | 500 |
| 5 | 10300 | 800 |
| 6 | 10300 | 800 |
| 7 | 24800 | 1900 |
| 8 | 24800 | 1900 |
| 9 | 24800 | 1900 |
| 10 | 59400 | 4600 |
| 11 | 59400 | 4600 |
| 12 | 59400 | 4600 |
| 13 | 59400 | 4600 |
| 14 | 59400 | 4600 |
| 15 | 59400 | 4600 |
| 16 | 59400 | 4600 |
| 17 | 59400 | 4600 |
| 18 | 59400 | 4600 |
| 19 | 59400 | 4600 |
| 20 | 59400 | 4600 |
| 21 | 59400 | 4600 |
| 22 | 59400 | 4600 |
| 23 | 59400 | 4600 |
| 24 | 59400 | 4600 |
| 25 | 59400 | 4600 |