日本專利申請流程和費用

1、費用列表Schedule of fees(on or after April 1, 2012)1. Application(1)PatentsPatent application¥15,000Application in foreign language ¥24,000Entry into the national phase in Japan (under the PCT)¥15,000Application for registration of an extension of the term of patent right¥74,000(2)Ut

2、ility Models(Note: Applicants are required to pay registration fees for the 1st-3rd years in a lump sum at the time of filing)Utility Model application¥14,000Entry into the national phase in Japan (under the PCT)¥14,000(3)DesignsDesign application¥16,000Request for secret design¥

3、5,100(4)TrademarksTrademark application¥3,400 + ¥ 8,600 per classificationDefensive mark application¥6,800 + ¥17,200 per classification2. Request for Examination(1)PatentsRequest for examination¥118,000 +¥4,000 per claim-where the international search report has beenest

4、ablished by the JPO (under the PCT)¥71,000 +¥2,400 per claim-where the international search report hasbeen established by an International SearchingAuthority other than the JPO (under the PCT)¥106,000 +¥3,600 per claim-where the search report has been established bya designated s

5、earching organization¥94,000 +¥3,200 per claim(2)Utility Models Request for Registrability Report¥42,000 + ¥1,000 per claim-where the international search report hasbeen established by the JPO (under the PCT)¥8,400 + ¥200 per claim-where the international search report

6、hasbeen established by an International SearchingAuthority other than the JPO (under the PCT)¥33,600 + ¥800 per claim3. Annual fee / Registration fee(1)Patents1) For patent applications filed on or after January 1, 1988(For patent applications requested for examination on or after April 1,

7、 2004)1-3rd year: annually,¥ 2,300 + ¥ 200 per claim4-6th year: annually,¥ 7,100 + ¥ 500 per claim7-9th year: annually,¥21,400 + ¥1,700 per claim10-25th year: annually,¥61,600 + ¥4,800 per claim(For patent applications requested for examination on or before Ma

8、rch 31, 2004)1-3rd year: annually,¥11,400 + ¥1,000 per claim4-6th year: annually,¥17,900 + ¥1,400 per claim7-9th year: annually,¥35,800 + ¥2,800 per claim10-25th year: annually,¥71,600 + ¥5,600 per claim2) For patent applications filed on or before December 31

9、, 1987(For patent applications requested for examination on or after April 1, 2004)1-3rd year: annually,¥ 1,500 + ¥ 1,000 per claim4-6th year: annually,¥ 4,800 + ¥ 2,900 per claim7-9th year: annually,¥14,300 + ¥ 8,800 per claim10-25th year: annually,¥47,500 + ¥

10、;29,600 per claim(For patent applications requested for examination on or before March 31, 2004)1-3rd year: annually,¥ 7,500 + ¥ 4,900 per claim4-6th year: annually,¥11,900 + ¥ 7,400 per claim7-9th year: annually,¥23,800 + ¥14,800 per claim10-25th year: annually,¥4

11、7,500 + ¥29,600 per claim(2)Utility Models 1-3rd year: annually, ¥ 2,100 + ¥100 per claim4-6th year: annually,¥ 6,100 + ¥300 per claim7-10th year: annually,¥18,100 + ¥900 per claim(3)Designs1) For Designs applications filed on or after April 1, 20071-3rd year: annu

12、ally,¥ 8,5004-20th year: annually,¥16,9002) For Designs applications filed by March 31, 20071-3rd year: annually,¥ 8,5004-15th year: annually,¥16,900(4)TrademarksRegistration fee: ¥37,600 per classification-Payment of registration fee by installments¥21,900 per classifi

13、cationRenewal fee:¥48,500 per classification-Payment of renewal fee by installments¥28,300 per classificationDefensive mark registration fee:¥37,600 per classificationDefensive mark renewal fee:¥41,800 per classification4. Request for Trial / Retrial(1)PatentsTrial / Retrial¥

14、;49,500 + ¥5,500 per claimTrial / Retrial (for registration of an extension of the term of patent right) ¥55,000 (For patent applications filed on or after January 1, 1988)(2)Utility Models Trial / Retrial¥49,500 + ¥5,500 per claimCorrection of description, claim or drawing attac

15、hed to the application¥1,400(3)DesignsTrial / Retrial¥55,000(4)TrademarksTrial / Retrial¥15,000 + ¥ 40,000 per classification5. Others Request for extension of a period¥2,100Notification of succession (Change in the name of applicant)¥4,200Request for other certificates

16、:-on-line¥1,100-over the counter¥1,400Request for inspection of documents (paper)¥1,500Request for inspection of documents (digital):-on-line¥600-over the counter¥900Request for inspection of the Register (paper)¥300Request for inspection of the Register (digital)-on-li

17、ne¥600-over the counter¥800Request for copy of documents (paper)¥1,400Request for issue of documents (digital):-on-line¥1,000-over the counter¥1,300Request for copy of the Register (paper)¥350Request for issue of the Register (digital):-on-line¥800-over the counter

18、¥1,100Fee for rewriting data into electronic format¥1,200 + ¥700 per sheet6. After Registration Registration of transfer of right:-Patents¥15,000-Utility models¥ 9,000-Designs¥ 9,000-Trademarks¥30,000-General successions (inheritance, etc)¥ 3,000Change in the

19、name of owner (excluding transfer)¥ 1,000Note: An applicant who has neither an address nor residence (office, if the applicant is a legal entity) in Japan is required to pay almost all of fees through an agent who has an address or a residence (office, if the applicant is a legal entity) in Jap

20、an. Last updated 2 April 2012In order to obtain a patent right, you must apply to the Japan Patent Office and go through examinations to determine whether the application fulfills all the necessary requirements.The JPO, which examines all applications from around the world, takes precautionary measu

21、res before ultimately granting any patent right. These involve exchange of documents with the applicant to determine which claims, if any, are entitled to be patented. The whole procedure from filing to registration is shown in the flow chart below. 申請流程(1)ApplicationNo matter how good an invention

22、may be, a patent right naturally cannot be obtained unless it is applied for. An application requires that one fills out the forms prescribed in the relevant ordinances and submit them to the JPO.Japan has adopted the first-to-file system, i.e. the principle that where two parties apply for a patent

23、 for the same invention, the first party to file will be granted the patent. Accordingly, it is advisable to file as soon as possible after the invention. It is also advisable not to make the invention public before filing a patent application.(2)Formality ExaminationAn application document submitte

24、d to the JPO will be checked to see whether it fulfills the necessary procedural and formal requirements. An invitation to correct will be made where necessary documents are missing or required sections have not been filled in.(3)Publication of Unexamined ApplicationThe JPO will publish the content

25、of an application in the Official Gazette after 18 months have elapsed from the date of filing.(4)Request for ExaminationPatent applications are not necessarily examined. An examination will be carried out only for the application for which the applicant or a third party has filed a request for exam

26、ination and paid the examination fees.(5)Deemed Withdrawal (No Request for Examination)Any application for which a request for examination has not been filed within a period of *three years from filing date will automatically be regarded as withdrawal and cannot be patented thereafter.(6)Substantive

27、 ExaminationAn examination will be carried out by an examiner of the JPO, who will decide whether or not the claimed invention should be patented. The examiner firstly checks whether the application fulfills requirements prescribed by law, i.e., whether or not there are any reasons for refusal. Thes

28、e requirements include the following:1. Whether the claimed invention is based on a technical idea which utilizes a law of nature, 2. Whether it has any industrial applicability, 3. Whether the technical idea existed before the filing of the current application, 4. Whether the claimed invention coul

29、d have been easily invented by a person skilled in the art, 5. Whether the application is the first to file, 6. Whether the claimed invention is liable to contravene public order and morality, and 7. Whether the descriptions in the specification conform exactly with the requirements for patentabilit

30、y. (7)Notification of Reasons for RefusalIf the examiner finds reasons for refusal, a notification to this result will be sent to the applicant.(8)Written Argument / AmendmentAn applicant who has received the notification of reasons for refusal shall be given an opportunity to submit either a writte

31、n argument claiming that the invention differs from the prior art to which the notification of reasons for refusal refers, or an amendment of the claims in the case that this would nullify the reasons for refusal.(9)Decision to Grant a PatentAs a result of the examination, the examiner will make a d

32、ecision to grant a patent as the final assessment of the examination stage if no reasons for refusal have been found. The examiner will also make the same decision if the reasons for refusal have been eliminated by an argument or amendment.(10)Decision of RefusalOn the other hand, if the examiner ju

33、dges that the reasons for refusal have not been eliminated, a decision of refusal (the final assessment of the examination stage) will be made.(11)Appeal against Decision of RefusalWhen dissatisfaction is in the decision of refusal of the examiner, the applicant may appeal against the decision of re

34、fusal.(12)Appeal Examination (against Decision of Refusal)The appeal examination against the decision of refusal is performed by a collegial body of three or five appeal examiners. Decision of the appeal examiners is called an appeal decision.When it is judged as a result of appeal examination that

35、the reasons for refusal was solved, an appeal decision to grant a patent is performed, and when the appeal examiners judge that the reasons cannot be canceled and the patent cannot be registered, an appeal decision of refusal is performed.(13)Registration (Patent Fee Payment)Provided that the applic

36、ant pays the patent fee, once the decision to grant a patent has been made the patent right will come into effect as it is entered in the Patent Register. At the same time, the invention acquires a patent number. After a patent is registered, a certificate of patent will be sent to the applicant.(14)Publication of Patent GazetteThe contents of the patent right entered in th