The Japan Patent Office announced in July 2021 that it had been operating in the red since 2014 and was planning to raise the annuities (maintenance fees) for patents, registration and renewal fees for trademarks, and filing and other fees for PCT and Madrid Protocol international filings with the JPO from April 1, 2022.[1] After welcoming comments, it summarized and published comments and its responses on September 7, 2021.[2]
Of course, many of the opinions expressed concern about the huge increases for some items such as PCT application filing (increase from 80,000 yen to 160,000 yen) and questioning the fairness of some fee discount policies. However, the JPO does not seem intent on lessening the price hikes.[2] It argues that it has been able to cover only about 30% of its PCT examination costs with fees, and the increase will only help coverage of about 70%.[2, p. 1] It blames in large part the increased examination costs on the ballooning array of foreign prior art literature that has to be searched, and database and other infrastructure costs.[1]
Even with the price increases, Japan’s patent and trademark costs (current fees in English here) still seem competitive, but applicants may have concerns. Please consult with your Japanese patent attorney’s office regarding possible cost cuts, especially for SMEs and other entities that might receive discounts on the relatively pricier examination and maintenance fees.
* The information provided on this website is for informational purposes only and is not intended as legal advice.
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Contact: Taro Yaguchi
Sources
[1] Japan Patent Office Policy Planning and Coordination Department, General Coordination Division, adjustments team. “産業財産権関係料金の見直しに対する意見募集について [Public comments regarding revision of industrial property-related fees].” https://www.jpo.go.jp/news/public/iken/210716_ryokin_minaoshi.html Japan Patent Office. July 16, 2021. Updated September 7, 2021. Accessed September 16, 2021.
[2] Japan Patent Office. “特許法等の一部を改正する法律の施行に伴う関係政令の整備に関する政令案に寄せられた御意見の概要と御意見に対する考え方 [Summary of opinions submitted in response to ordinance adjustment proposals following partial revisions of Patent Act and other laws, and answers].” PDF. https://www.jpo.go.jp/news/public/iken/document/210716_ryokin_minaoshi_kekka/210716_ryokin_minaoshi_kekka-iken.pdf September 7, 20212. Accessed September 16, 2021.
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