PROCEDURES and COSTS
PROCEDURES and COSTS for JAPANESE PATENT, UTILITY MODEL, DESIGN and TRADEMARK APPLICATIONS |
YOSHIMURA & ASSOCIATES
(1) First-to-file rule is applied to the examinations for Japanese patent, utility model, design and trademarkapplications.
(2) Claims, Disclosure of Invention, Formal Drawings and Abstract are required at filing a patent application orutility model one.
(3) English translated specification and drawings should be prepared for us to translate them into Japanese.
(4) Filing Application
(4A) Our charge
Patent or Utility Model Application |
JPY180,000.00 |
Additional Claims |
JPY 5,000.00 each |
Design Application |
JPY 90,000.00 |
Trademark Application |
JPY 90,000.00 |
Additional Classes |
JPY 40,000.00 each |
Trademark Renewal for next 10 years |
JPY 60,000.00 |
Additional Classes |
JPY 30,000.00 each |
Formal Drawings |
JPY 3,000.00 each |
Search of Marks |
JPY 10,000.00 to 60,000.00 |
Translation from English to Japanese |
JPY 9,000.00 /page |
Typing |
JPY 2,500.00 /page |
Electronic Filing |
JPY 6,000.00 |
(4B) Official Filing Fee:
Patent |
JPY 15,000.00 |
Utility Model |
JPY 14,000.00 |
Design |
JPY 16,000.00 |
Trademark |
JPY3,400.00 + JPY8,600.00 × Number of classes |
Trademark Renewal |
JPY 48,500.00 /class |
(4C) Minimum approximate cost for filing an application including translation
(not including to file Request for Examination)
Patent |
JPY 400,000.00 |
Utility Model including 3 annuities |
JPY 420,000.00 |
Design |
JPY 110,000.00 |
Trademark |
JPY 110,000.00 |
Trademark Renewal |
JPY 200,000.00 |
(5) If claiming Priority, the first State filed, its filing date (priority date) and the filing number are required atfiling a Japanese application. The priority document certified by the Government of the first State should befiled within 16 months from the priority date to the Japan Patent Office. The translation of the prioritydocument except specification, drawings and abstract is also necessary.
Our charge for Claiming Priority JPY15,000.00 |
(6) Request for Examination should be filed within 3 years from Japanese filing date if you wish to get a patentright.
Our charge for filing the Request JPY20,000.00 |
Official Fee JPY118,000.00 + JPY4,000.00 × Number of claims |
Utility Model is registered without examination, therefore, Request for Examination is unnecessary.
Design and Trademark are automatically examined after filing.
(7) The patent application is automatically published without being examined after 1.5 years from Priority Dateor Japanese filing date. According to the unexamined publication the invention filed are opened to the thirdparties, therefore, a substantially identified invention with the invention opened results in not being granted.
(8) After filing Request for Examination, examiner will start to examine the patent application. The OfficeAction is noticed to the applicant if the examiner intends to reject the application. The response with or withoutamendment may be filed against the Office Action. The amendment is allowed within the disclosure of Japanesepatent specification.
Our charge
Studying and Reporting JPY 15,000.00 to 50,000.00 |
Studying applicant's comments JPY 10,000.00 to 20,000.00 |
Responding JPY 30,000.00 to 150,000.00 |
Translating, Typing, Electronic Filing, etc., as above |
Official Fee (if increasing claims) JPY 4,000.00 each |
(9) When allowable, the issue fee, meaning first three annuities, should be paid within 30 days in response toAllowance.
Our charge JPY 30,000.00 |
Official Fee ( paid at filing in the case of Utility Model ) Patent 3 × ( JPY2,300.00 + JPY200.00 × Number of claims) |
U. Model 3 × ( JPY2,100.00 + JPY100.00 × Number of claims)* * This is paid at filing Utility Model Application |
Design JPY 25,500.00 |
Trademark JPY 37,600.00 |
(9A) Maximum term of right:
Patent |
for 20 years from filing date |
Utility Model |
for 10 years from filing date |
Design |
for 20 years from registration date |
Trademark |
for 10 years from registration date |
(9B) Term of Opposition of the third parties
Trademark for 2 months from publication date
(10) The maintenance fees are necessary from 4th annuity except Trademark.
Our charge each payment JPY 15,000.00 |
Patent according to Request for Examination filed before March 31, 2004 4th annual Fee JPY17,900.00 + JPY1,400.00 × Number of claims Each of 5th and 6th is the same as 4th. 7th annual Fee JPY35,800.00 + JPY2,800.00 × Number of claims Each of 8th and 9th is the same as 7th. 10th annual Fee JPY71,600.00 + JPY5,600.00 × Number of claims Each of 11th to 20th is the same as 10th. |
Patent according to Request for Examination filed on and after April 1, 2004 4th annual Fee JPY7,100.00 + JPY500.00 × Number of claims Each of 5th and 6th is the same as 4th. 7th annual Fee JPY21,400.00 + JPY1,700.00 × Number of claims Each of 8th and 9th is the same as 7th. 10th annual Fee JPY61,600.00 + JPY4,800.00 × Number of claims Each of 11th to 20th is the same as 10th. |
Utility Model 4th annual Fee JPY6,100.00 + JPY300.00 × Number of claims Each of 5th and 6th is the same as 4th. 7th annual Fee JPY18,100.00 + JPY900.00 × Number of claims Each of 8th to 10th is the same as 7th. |
Design 4th annual Fee JPY16,900.00 Each of 5th to 10th is the same as 4th. 11th annual Fee JPY33,800.00 Each of 12th to 20th is the same as 11th. |
(11) Power of Attorney
Power of Attorney and Assignment are not always required for filing application, however, we generallywant to have Power of Attorney signed by applicant in order to confirm the applicant.
(12) Translation
When we do not have time enough for translating your English text to Japanese till the time limit designatedby you, we will ask you an extra translating charge. However, we recommend you to file application according tothe following item.
(13) Foreign Language File
It generally takes much time to translate from European Language to Japanese. The machine translation doesnot make comprehensible Japanese because the structure and expression of Japanese are very different fromthose of European languages.
So, we always require you at least one or two months to translate your texts before filing applications toJapan Patent Office. If you have a few time to file applications by the due date, we recommend you to applythe rules of ”Foreign Language File”mentioned below to your Japanese applications.
36bis．of JAPAN Patent Law (ENTRY INTO FORCE: January 6, 2001)
(1) Any person desiring a patent may, in lieu of the specification, drawings necessary and abstract under thepreceding Section (2), attach to the request a paper stating the matters to be stated in the specification underthe preceding Section (3) to (6) in a foreign language (note: in English only) specified in an ordinance of theMinistry of Economy, Trade and Industry and any text matter of the drawings in the foreign language(hereinafter referred to as the "foreign language file") and a paper stating the matters to be stated in theabstract under the preceding Section (7) in the foreign language (hereinafter referred to as the "foreignlanguage abstract").
(2) The applicant of an application for a patent to which he has attached the foreign language file and foreignlanguage abstract to the request under the preceding subsection (hereinafter referred to as the "foreignlanguage file application") shall furnish to the Commissioner of the Patent Office a translation into Japanese ofthe foreign language file and foreign language abstract within two months from the filing date of the applicationfor a patent.
(3) Where the translation of the foreign language file (excluding the drawings) referred to in the precedingsubsection has not been furnished within the time limit prescribed in that subsection, the application for apatent shall be deemed withdrawn.
17bis.Amendment of specification or drawings attached to request
(1) An applicant for a patent may, before the transmittal of the copy of an examiner's decision that a patent isto be granted, amend the specification or drawings attached to the request. However, after the receipt of thenotification under Section 50, the amendment may be made only in the following cases:
(i) is omitted.
(ii) is omitted.
(iii) is omitted.
(2) is omitted.
(3) An amendment of the specification or drawings under Subsection (1) shall, except in the case of submissionof the written correction of an incorrect translation, remains within the scope of the features disclosed in thespecification or drawings originally attached to the request [in the case of a foreign language file applicationunder Section 36bis(2), the translation of the foreign language file referred to in said Subsection (2) isconsidered to be a specification and drawings by virtue of the provisions of said Section (4) (in the case wherethe applicant amended the specification or drawings by submitting of the written correction of an incorrecttranslation, said translation, the specification or drawings as amended)].
(13A) Additional charges based on Foreign Language File
Filing Foreign Language File JPY100,000.00
Filing a translation into Japanese of the Foreign language file
and foreign language abstract JPY180,000.00
instead of JPY180,000.00 of Patent or Utility Model
Application in the section of (4A) Our charge
Official Filing Fee: Patent JPY24,000.00
instead of JPY15,000.00 in the section
of (4B) Official Filing Fee