HOME > IP INFORMATION > Patent & Utility Model > Reports & Topics > Amendments to Japanese Patent Law (Effective from January 1 and April 1, 2004) > 6) Introduction of New Patent-related Fees(Detailed Information)
Amendments to Japanese Patent Law
(Effective from January 1 and April 1, 2004)
New Patent-related Fee System
To encourage strategic acquisition of patents, the fee for filing an application and the annual fee will be reduced and the fee for request for examination will be increased.
As shown in the below table, the new fee for filing an application and the request for examination will be applied to applications filed on or after April 1, 2004 while the new registration or annual fee will be applied to applications in which a request for examination is filed on or after April 1, 2004. It is recommended that an applicant file a patent application by March 31, 2004 and file a request for examination on or after April 1, 2004.
New Official Fee Schedule
| Current Amount (JPY) | New Amount (JPY) | The new fee schedule will be applied to: | |
| Filing Application | 21,000 | 16,000 | Applications filed on or after April 1, 2004 (Regarding the national phase of a PCT application, the new fee system will be applied to international applications filed on or after April 1, 2004.) |
| Filing Application (English) | 35,000 | 26,000 | Applications filed on or after April 1, 2004 |
| Request for Examination | 84,300 + 2,000 per claim | 168,600 + 4,000 per claim | Applications filed on or after April 1, 2004 |
| Request for Examination in the national phase of a PCT application(where ISA is the JPO) | 16,900 +400 per claim | 101,200 +2,400 per claim | Applications, in which the international filing date is on or after April 1, 2004 |
| Request for Examination in the national phase of a PCT application(where ISA is other than the JPO) | 67,400 +1,600 per claim | 151,700 +3,600 per claim | Applications, in which the international filing date is on or after April 1, 2004 |
| registration or annual fees | 1-3rd year:
4-6th year:
7-9th year:
10-25th year:
|
1-3rd year:
4-6th year:
7-9th year:
10-25th. year:
|
Applications, in which a request for examination is filed on or after April 1, 2004 |
As to the applications having an effective filing date prior to January 1, 1988, another fee schedule is applicable. If you would like to know the details of this fee schedule, please feel free to contact us.
Comparison between the Current Fee System and the New Fee System in an Example Case (number of claims: 7, maintenance of right: 9 years)
| Current Fee (JPY) | Revised Fee (JPY) | |
| Application Fee | 21,000 |
16,000 |
| Fee for Request for Examination | 98,300 |
196,600 |
| Annual Fee | 345,600 |
161,700 |
| Total | 464,900 |
374,300 |
Savings: 90,600
Introduction of Refund System of the Fee for "Request for Examination"
In the current system, the fee for "request for examination" which has been paid shall not be refunded under any circumstances. As of April 1, 2004, refund of the fee for "request for examination" will be allowed under certain conditions.
The fee for request for examination will be refunded at a rate of 50% in a case where an application is withdrawn or abandoned before receipt of:
1) Notification under Art. 39(7);
2) Notification under Art. 48-7;
3) Notification of Reasons for Refusal (Office Action) under Art. 50; or
4) Notice of Allowance under Art. 52(2).
A Request for Refund must be filed within 6 months from the date of withdrawal or abandonment of the application. This refund system will be applied to applications which are withdrawn or abandoned on or after October 1, 2003. However, please note that an applicant may file a Request for Refund on or after January 1, 2004.
Other matters
PCT-related fees in the international phase will be revised on April 1, 2004.