2. Revision of Official Fee
The official fee for filing a patent application, demanding examination, and maintaining an issued patent as revised on April 1, 2004 is as follows.

1) Filing and Requesting Examination
Patent Application filed before April 1, 2004
Requesting Examination: \84,300 + \2,000 x number of claims

Patent Application filed on or after April 1, 2004
Filing a Patent Application: \16,000
Requesting Examination: \168,600 + \4,000 x number of claims

2) Annuity for Issuing and Issued Patent (per year)
Examination Request made before April 1, 2004
 1st 〜 3rd year:: \13,000 + \1,100 x number of claims
 4th 〜 6th year: \20,300 + \1,600 x number of claims
 7th 〜 9th year: \40,600 + \3,200 x number of claims
 10th 〜 25th year: \81,200 + \6,400 x No. of claims

Examination Request made on or after April 1, 2004
 1st 〜 3rd year: \2,600 + \200 x number of claims
 4th 〜 6th year: \8,100 + \600 x number of claims
 7th 〜 9th year: \24,300 + \1,900 x number of claims
 10th 〜 25th year: \81,200 + \6,400 x number of claims

Top Page         Next Page

3. Deferral Period for Examination Request
Patent Application filed before October 1, 2001: seven years from filing date
Patent Application filed on or after October 1, 2001: three years from filing date

. In the case of PCT application, the international filing date qualifies as Japanese filing date. Accordingly, Japanese national entry application from a PCT application with international filing date of earlier than October 1, 2001 is given the old deferral period of seven years from the international filing date.

4. Privilege
By amendment of the Civil Proceedings Act, Benrishi (Patent Attorney/Agent) has been given the same privileges as Bengoshi (Attorney-at -law). In essence, Benrishi has the privilege of refusing before the court to disclose information relative to its clients and the documents prepared by Benrishi are exempt from disclosure order of the court.
What's New

1. Patentability Hurdle Getting Higher
As can be seen from the following data, the patentability hurdle before the Japan Patent Office has been getting significantly higher. JPO renewed the examination guide in 2000 reflecting court decisions on invalidity and has been promoting implementation of the guide.

a) ratio of patent applications held unpatentable on appeal
  1995 - 1999     32%
  2000 - 2004     76%
b) ratio of issued patents held invalid in invalidity trial
  1995 - 1999     18%
  2000 - 2004     44%