日本專利申請流程和費用

1、 15,000 24,000 15,000term of patent 74,000 14,000 14,000 16,000 5,100 3,400 + 8,600 per classificatio n 6,800 + 17,200 per classification118,000 + 4,000 per claim71,000 + 2,400 per claim費用列表 Schedule of fees(on or after April 1, 2012)1. Application(1) PatentsPatent applicationApplication in foreign

2、languageEntry into the national phase in Japan (under the PCT)Application for registration of an extension of the right(2) Utility 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 applicationEntry into the national

3、phase in Japan (under the PCT)(3) DesignsDesign applicationRequest for secret design(4 ) TrademarksTrademark applicationDefensive mark application2. Request for Examination (1) PatentsRequest for examination-where the international search report has been established by the JPO (under the PCT) 106,00

4、0 + 3,600 per claim 94,000 + 3,200 per claim42,000 + 1,000 per claim 8,400 + 200 per claim 33,600 + 800 per claim-where the international search report has been established by an International Searching Authority other than the JPO (under the PCT) -where the search report has been established by a d

5、esignated searching organization(2) Utility ModelsRequest for Registrability Report-where the international search report has been established by the JPO (under the PCT) -where the international search report has been established by an International Searching Authority other than the JPO (under the

6、PCT)3. 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, 2004) 2,300 + 200 per1-3rd year: annually,claim 7,100 + 500 per4-6th year: annually,claim21,400 + 1,700 per7-9th year: an

7、nually,claim 61,600 + 4,800 per10-25th year: annually,claim (For patent applications requested for examination on or before March 31,2004)11,400 + 1,000 per 1-3rd year: annually,claim 17,900 + 1,400 per4-6th year: annually,claim 35,800 + 2,800 per7-9th year: annually,claim 71,600 + 5,600 per10-25th

8、year: annually,claim2) For patent applications filed on or before December 31, 1987(For patent applications requested for examination on or after April 1, 2004) 1,500 + 1,000 per1-3rd year: annually,claim 4,800 + 2,900 per4-6th year: annually,claim7-9th year: annually, 14,300 + 8,800 perclaim10-25th

9、 year: annually, 47,500 + 29,600 perclaim(For patent applications requested for examination on or before March 31,2004) 7,500 + 4,900 per1-3rd year: annually,claim4-6th year: annually, 11,900 + 7,400 perclaim 23,800 + 14,800 per7-9th year: annually,claim10-25th year: annually, 47,500 + 29,600 percla

10、im(2) Utility Models 2,100 + 100 per1-3rd year: annually,claim4-6th year: annually, 6,100 + 300 perclaim 18,100 + 900 per7-10th year: annually,claim(3 ) Designs1) For Designs applications filed on or after April 1, 2007 1-3rd year: annually,4-20th year: annually, 8,500 16,9002) For Designs applicati

11、ons filed by March 31, 20071-3rd year: annually,4-15th year: annually, 8,500 16,900(4) TrademarksRegistration fee: 37,600 perclassification-Payment of registration fee by installments 21,900 perclassification 48,500 perRenewal fee:classification-Payment of renewal fee by installments 28,300 perclass

12、ificationDefensive mark registration fee: 37,600 perclassificationDefensive mark renewal fee: 41,800 perclassification4. Request for Trial / Retrial(1) PatentsTrial / RetrialTrial / Retrial (for registration ofan extensionof the term of patent right)(For patent applications filed on or after January

13、 1, 1988)49,500 + 5,500 per claim 55,000(2) Utility ModelsTrial / RetrialCorrection of description, claim or drawing attached to the application49,500 + 5,500 per claim 1,400(3) DesignsTrial / Retrial 55,000(4) TrademarksTrial / Retrial 15,000 + 40,000 per classification5. OthersRequest for extensio

14、n of a period 2,100Notification of succession (Change in the name of applicant)1,200Request for other certificates:-on-line-over the counterRequest for inspection of documents (paper) Request for inspection of documents (digital): 1,100 1,400 1,500-on-line-over the counterRequest for inspection of t

15、he Register (paper) 600 900 300Request for inspection of the Register (digital) -on-line-over the counterRequest for copy of documents (paper) 600 800 1,400Request for issue of documents (digital):-on-line-over the counterRequest for copy of the Register (paper) 1,000 1,300 350Request for issue of t

16、he Register (digital):-on-line-over the counterFee for rewriting data into electronic format 800 1,100 1,200 + 700per sheet6. After Registration 15,000 9,000 9,000 30,000 3,0001,000Registration of transfer of right: -Patents-Utility models-Designs -Trademarks-General successions (inheritance, etc) C

17、hange in the name of owner (excluding transfer)Note: 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 Ja

18、pan.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

19、res before ultimately granting any patent right. These involve exchange of documents with the applicant todetermine which claims, if any, are entitled to bepatented. The whole procedure from filing to registration is shown in the flow chart below.申請流程Procedirres for Obtaining a Patent RightAppfccatj

20、onSubstanti-ve E jtennJnsrtionWilhn threeRevert &t for ExAmnwtionFaiffillky E xumirifttionPutolicstiafl f Unaximinad AppNcataniYweEik a ft-fir FilingNo Requc it firE wminDtiQFiDeemedWi補占*訕N中tifidipn q/IqtRsfutslWritten/ Arrtendme mt10：Deduiort of RcfuDtcriart 10 Grant 4 PatentTAppeal forInvalidation

21、(l) Applicatio nNo matter how good an inven ti onmay be, a pate nt right n aturally cannot be obta ineduni ess it is applied for. An applicati on requires that one fills out the forms prescribed in the releva nt ordinan ces and submit them to the JPO.Japan has adopted the first-to-file system, i.e.

22、the principlethat where two parties apply for a pate nt for the same inven ti on, the first party to file will be gran ted the pate nt. Accord in gly, 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 pate nt applic

23、ati on.(2) Formality Exam in ati onAn application document submitted to the JPO will be checked to see whether itfulfills the necessary procedural and formal requirements.Aninvitationto correctwill be made where n ecessary docume nts are miss ing or required sect ions have not bee n filled in.(3) Pu

24、blicati on of Un exam ined Applicati onThe JPO will publish the content of an application in the Official Gazette after18 mon ths have elapsed from the date of fili ng.(4) Request for Exam in ati onPate nt applicati ons are not n ecessarily exam in ed. An exam in ati on will be carried out only for

25、the application for which the applicant or a third party has filed a request for exam in atio n and paid the exam in ati on fees.(5) Deemed Withdrawal (No Request for Exam in ati on)Any applicati onfor which a request for exam in ati on has not bee n filed with in a periodof *three years from filing

26、 date will automatically be regarded as withdrawal and cannot be pate nted thereafter.(6) Substa ntive Exam in ati onAn exam in ati on will be carried out by an exam iner of the JPO, who will decide whether or not the claimed invention should be patented. The examiner firstly checks whether the appl

27、ication fulfillsrequirements prescribed by law, i.e., whether or not thereare any reas ons for refusal. These requireme nts in clude the followi ng:1. Whether the claimed invention is based on a technical idea which utilizes a law of n ature,2. Whether it has any in dustrial applicability,3. Whether

28、 the technical idea existed before the filing of the current applicati on,4. Whether the claimed inven ti on could have bee n easily inven ted by a pers on 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 mor

29、ality, and7. Whether the descriptions in the specification conform exactly with the requireme nts for pate ntability.(7) Notificati on of Reas ons for RefusalIf the examiner finds reasons for refusal, a notification to this result will be sent to the applica nt.(8) Writte n Argume nt / Ame ndme ntAn

30、 applicant who has received the notificationof reasons for refusal shallbe givenan opportunity to submit either a written 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

31、 nullify the reasons for refusal.(9) Decisi on to Grant a Pate ntAs a result of the exam in ati on, the exam iner will make a decisi on to grant a pate nt as the final assessme nt of the exam in ati on stage if no reas ons for refusal have bee n found. The examiner will also make the same decision i

32、f the reasons for refusal have bee n elim in ated by an argume nt or ame ndme nt.(10) Decision of Refusal On the other hand, if the examiner judges that the reasons for refusal have not been elim in ated, a decisi on of refusal (the final assessme nt of the exam in ati on stage) will be made.(11) Ap

33、peal aga inst Decisi on of RefusalWhen dissatisfaction is in the decision of refusal of the examiner, the applicant may appeal aga inst the decisi on of refusal.(12) Appeal Exam in ati on (aga inst Decisi on of Refusal)The appeal exam in ati on aga inst the decisi on of refusal is performed by a col

34、legial body of three or five appeal exam in ers.Decisi on of theappeal exam iners is calledan appeal decisi on.When it is judged as a result of appeal exam in ati on that the reas ons for refusalwas solved, an appeal decisi on to grant a pate nt is performed, and whe n the appeal exam iners judge th

35、at the reas ons cannot be can celed and the pate nt cannot be registered, an appeal decisi on of refusal is performed.(13) Registration (Patent Fee Payment)Provided that the applica nt pays the pate nt fee, once the decisi on to grant a pate nt has bee n made the pate nt right willcome into effect a

36、s it is en tered in the Pate ntRegister. At the same time, theinven ti on acquires a pate nt nu mber. After a pate ntis registered, a certificate of pate nt will be sent to the applica nt.(14) Publicati on of Pate nt GazetteThe contents of the pate nt right en tered in the Register will be published in the Pate n