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Fees

 4-1. How much are the fees?

1. Application

2. Request for Examination

3. Annual fee / Registration fee

4. Request for Trial / Retrial

5. Others

6. After Registration

Please refer to the following URL for other fees.

Schedule of Fees (as of April 1, 2012):

http://www.jpo.go.jp/tetuzuki_e/ryoukin_e/ryokine.htm

Please note

The Japan Patent Office does not accept direct payments by any means from applicants/persons residing outside Japan. This includes, for example, payments by bank transfers, credit cards, or checks. The payment has to be made by an appointed representative either residing or domiciled in Japan such as a patent attorney. The exception is the payment by either patent revenue stamps or bank transfer of the annual patent fee for each year, starting with the fourth year, which must be paid by the end of the previous year.

See FAQ 4-1: "How much are the fees?" and see to section 3. "Annual Patent Fee/Registration Fee"

See also FAQ 1-6: "How can I get a list of patent attorneys in Japan?"

 4-2. Can I make a payment of official fees directly to the JPO from overseas?

Overseas residents cannot make a payment of any fees directly to our Office by any means, including the payment by bank account transfer, credit card, or check etc. The payment has to be made by your representative (e.g., patent attorney) in Japan.

Nonetheless, payment of the annual patent fee for each year, starting with the fourth year, which must be paid by the end of the previous year, may be paid by either patent revenue stamps or bank transfer directly from overseas residents (Please refer to "Foreign Right Holders can Renew Patents through Direct Payment" for details).

 4-3. What do I do about annual fees?

1) How can I pay annual fees to maintain my patent (or utility model or industrial design)?

2) How can I renew my trademark registration?

3) May I pay the fee after the time limit to pay has expired?

(i) for patents

A patent right can be maintained by paying patent fees on an annual basis, starting with the fees for the fourth year. However, if the patent fee for a certain year is not paid within the deadline, a late payment equivalent to double the patent fees can be made if the late payment is paid within six months after the original deadline to pay has expired. If the late payment fee equivalent to double the patent fees is not paid within the within six-month period mentioned here, the patent right will be deemed to have expired as of the original expiration date.

Furthermore, when you, the patent-right holder, have a justifiable reason for not paying within the six-month grace period, i.e. where the Patent Office finds that your failure to comply with the time limit occurred in spite of due care required by the circumstances having been taken, your patent right can be restored. In other words, you can pay the patent fee and the patent surcharge within two months after the date on which the justifiable reason ceased to exist, as long as this is done within one year after the six-month grace period expired. In doing so, you are required to submit also a document called Statement of Reasons for Restoration indicating the justifiable reason.

(ii) for utility models

The answer given for patents applies to utility models also.

(iii) for designs

An industrial design right can be maintained by paying registration fees on an annual basis, starting with the second year. However, if the registration fee for a certain year is not paid within the deadline, a late payment, which is equivalent to double the registration fee, may be made within six months of the expiration of the original time limit. If the late payment, equivalent to double the registration fee, is not paid within the extended deadline, the industrial design right will be deemed to have expired as of the original expiration date.

An industrial design right that has expired can be restored by following the same procedures to restore a patent right. (See (i) above for patents.)

(iv) for trademarks

A trademark right can be renewed every ten years if you request to renew the right and pay the renewal fee. However, even you do not complete the procedures for renewing the trademark right within the deadline, you may file a request to renew the right within six months from the time the registration expired, and at the same time make the late payment, which is equivalent to double the renewal fee. If you don’t request to renew the right and make the late payment within the six-month grace period, the trademark right shall be deemed to have expired as of the original expiration date.

Furthermore, when you, the trademark right holder, have a justifiable reason for not requesting to renew the right within the six-month grace period and the right has expired, i.e. where the Patent Office finds that your failure to comply with the time limit occurred in spite of due care required by the circumstances having been taken, your trademark right can be restored. In other words, you can request to renew and pay the late payment within two months after the date on which the justifiable reason ceased to exist, as long as this is done within six months after the six-month grace period expired. In doing so, you are required to submit a document called a Statement of Reasons for Restoration indicating the justifiable reason.

Please note

The Japan Patent Office does not accept direct payments by any means from applicants/persons residing outside Japan, such as payments by bank transfers, credit cards, or checks. The payment has to be made by an appointed representative either residing or domiciled in Japan such as a patent attorney. However, you can pay the annual patent fee for each year starting with the fourth year, which must be paid by the end of the previous year concerned, by either patent revenue stamps or bank transfer.

See FAQ4-1: "How much are the fees?" and refer to section 3. "Annual fee/ Registration fee"

See also FAQ 1-6: "How can I get a list of patent attorneys in Japan?"

 4-4. Can I have information on duration of right and time limit for payment of patent/registration fee?

Information about (a) the duration of a patent, utility model, industrial design, and trademark right and (b) the due date for the payment of patent or registration fee are as follows.

(i) Patent

(a) The duration of a patent right shall expire after a period of 20 years from the filing date of the patent application. Meanwhile, an extension of the patent term by up to five years may be available for patents for pharmaceuticals and agricultural chemicals on request if the prescribed requirements are fulfilled. A patent right shall become effective from the date of registration of the patent.

(b) For registration of a patent, patent fees for each year from the first to the third year have to be paid in a lump sum within 30 days from the date on which a certified copy of the examiner's decision or the trial decision to the effect that the patent is to be granted has been transmitted. A patent right is registered after patent fees from the first to the third year are paid.

The patent fees for each year thereafter, starting with the fourth year, have to be paid by the end of the previous year.

The annual fees for some years may also be paid in a lump sum in advance.

(ii) Utility Model

(a) The duration of a utility model right shall expire after a period of ten years from the filing date of the utility model application.

A utility model application shall be registered without a substantive examination, but a utility model right shall become effective from the date of registration of the utility model.

(b) For the registration of a utility model, the registration fees for three years have to be paid at the time of filing a utility model application.

The annual fees for each year thereafter, starting with the fourth year, have to be paid by the end of the previous year. The registration fees for some years may also be paid in a lump sum in advance.

(iii) Industrial Design

(a) The duration of an industrial design right shall expire after a period of 25 years which starts from the filing date. Meanwhile, the duration of a design right, whose application was filed before March 31, 2007, shall expire after a period of 15 years from the date of registration, and the duration of a design right, whose application was filed before March 31, 2020, shall expire after a period of 20 years from the date of registration.

(b) For registration of an industrial design, the registration fee for the first year has to be paid within 30 days from the date on which a certified copy of the examiner's decision or the trial decision to the effect that the design is to be registered has been transmitted.

The annual fees for each year thereafter, starting with the second year, shall be paid by the end of the previous year. The registration fees for some years may also be paid in a lump sum in advance.

(iv) Trademark

(a) The duration of a trademark right shall expire after a period of ten years from the date of registration of the trademark.

(b) For registration of a trademark, the registration fee for ten years has to be paid within 30 days from the date on which a certified copy of the examiner's decision or the trial decision to the effect that the trademark is to be registered has been transmitted.

However, the registration fee may also be paid in two installments, but amount of installment payment of registration fee is comparatively higher than the lump sum price of the usual registration fee for ten years. The registration fee for the subsequent five years must be paid within five years from the day after the date of registration of the trademark.

[Renewal of duration of a trademark right]

The holder of a trademark right may renew the trademark right by filing a request for renewal of a trademark registration within the period of six months prior to the expiration of the ten year period of the trademark right.

Please note

The Japan Patent Office does not accept direct payments by any means from applicants/persons residing outside Japan, such as payments by bank transfers, credit cards, or checks. The payment has to be made by an appointed representative either residing or domiciled in Japan such as a patent attorney. However, you can pay the annual patent fee for each year starting with the fourth year, which must be paid by the end of the previous year concerned, by either patent revenue stamps or bank transfer.

See FAQ 4-1: "How much are the fees?" and see to section 3. "Annual Patent Fee/Registration Fee"

See also FAQ 1-6: "How can I get a list of patent attorneys in Japan?"

 4-5. May I request a refund of the examination request fee if I withdraw or renounce my patent application?

One half of the amount of the examination request fee which you have already paid can be refunded to you upon your request if you withdraw or renounce your patent application before the first office action (e.g., “Decision to Grant a Patent” or “Notification of Reasons for Refusal” etc.) has been sent to you or to your representative in Japan (if you have such a representative).

The request for refund of the examination request fee should be made within six months from the date on which you withdraw or renounce your patent application. If you do not have a permanent address or residence (office, if the applicant is a legal entity) in Japan, the request has to be submitted by your representative in Japan (Article 8 of the Patent Act), and the JPO refunds the fee to your representative.

 4-6. Can I pay my trademark registration or renewal fees in installments?

Yes, the trademark registration fee can be paid in two installments, one for the first five years and the next for the last five years. When paid over installments, however, the amount of the registration fee for 10 years ends up being higher than if it were paid all at once.

The registration fee for the first five years must be paid within 30 days from the date on which a certified copy of an examiner's decision (or a trial decision) stating that the trademark can be registered has been sent. The registration fee for the last five years must be paid within five years from the day on which the trademark was registered.

The renewal fee can be paid in two installments as well, one for the first five years and the next for the last five years, in the same way that you can pay registration fees.

When paid over installments, however, the amount of the renewal fee ends up being higher than if it were paid all at once.

Please note

The Japan Patent Office does not accept direct payments by any means from applicants/persons residing outside Japan, including payments by bank transfers, credit cards, or checks. The payment has to be made by an appointed representative either residing or domiciled in Japan such as a patent attorney.

See FAQ 4-1: "How much are the fees?" and refer to section 3. "Annual fee/ Registration fee"

 4-7. How much are the fees for bringing my PCT international application into the national Phase in Japan and the relevant fees?

(i) National fee

National fee is required for entry into the national phase in Japan.

See FAQ 4-1: "How much are the fees?" and refer to section 1. Application ?-Entry into the national phase in Japan (under the PCT)"

(ii) Fee for requesting examination

A request for examination (Form No.44) for your PCT international application which has entered into the national phase in Japan has to be submitted through your representative within three years of the international filing date of your PCT international application.

See FAQ4-1: "How much are the fees?" and refer to section 2. “Request for Examination“

Please refer to the following " How to advance PCT applications into the national phase in Japan"---(iv) Time limit for requesting examination

(iii) Patent fee

Patent fees are the same as those for national patent applications.

See FAQ 4-1: "How much are the fees?" and refer to section 3. "Annual fee/ Registration fee"

Please note

The Japan Patent Office does not accept direct payment by any means from overseas residents, including payment by bank account transfer, credit card, or check. The payment has to be made by an appointed representative either residing or domiciled in Japan such as a patent attorney. However, you can pay the annual patent fee for each year starting with the fourth year, which must be paid by the end of the previous year, by either patent revenue stamps or bank transfer.

 4-8. How can I pay the second part of the individual fee under the Madrid Protocol?

The second part of an individual fee has to be paid to the International Bureau (IB) of the WIPO within three months from the mailing date when the JPO sent out the “STATEMENT OF GRANT OF PROTECTION” (in which the date is shown). As to the amount of fee to be paid and how to pay it, please follow the instruction described in the “NOTIFICATION OF SECOND PART OF INDIVIDUAL FEE” which is separately sent from the IB.

Please note that the international trademark registration in the International Register shall be cancelled with respect to Japan where the second part of the individual fee is not paid to the IB within the prescribed period mentioned above.

If a copy of the “NOTIFICATION OF SECOND PART OF INDIVIDUAL FEE” is not delivered, please make a direct contact with the IB of the WIPO.

Please refer to the following URL:

- For the information regarding the detail of “the second part individual fee in Japan”.

- For the information regarding “how to pay the fee with the International Bureau (IB) of the WIPO“ (External link)

- For the information regarding “Individual Fees under the Madrid Protocol”(External link)

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