Analysis of the time and cost of patent application in Japan

In the global patent application world, Japan is considered a key player in the intellectual property field due to its efficient examination process and strict intellectual property protection. For applicants applying for patents in Japan, time and cost are undoubtedly among the most important concerns. In this article, we will delve into these aspects to help companies make more informed decisions when developing their patent strategies.

Time of Japanese invention patent application

To initiate substantive examination of a Japanese patent application, the applicant must submit a request for substantive examination to the Japan Patent Office (JPO) within 3 years from the date of application. According to statistics from 2023, the first examination opinion is generally issued within 9.5 months after the request for substantive examination is filed. Japanese domestic applicants must respond within 3 months from the date of issuance of the OA, and foreign applicants may request an extension of the deadline to 6 months before the initial deadline. Subsequent OAs, including non-final rejections, final rejections or authorization notices, are usually issued within 6-12 months after the reply. If the application is finally rejected, the applicant can appeal to the JPO's Patent Appeal Board (BPA), a process that usually takes 2 years.

Fees for Japanese invention patent applications

In the process of patent application in Japan, official fees generally include:

• Application fee: 14,000 yen
• Substantive examination fee and application fee: ¥138,000
• Claims application fee, each: 4,000 yen
• Grant fee, including annual fees for the first three years: 12,900 yen, plus claim fee, each: 900 yen

Accelerated patent examination procedures

The Japan Patent Office (JPO) offers several procedural options to expedite patent examinations. Applicants with corresponding foreign patent applications, those promoting their patents in the Japanese market, or those affiliated with universities or small entities can request accelerated examination. Applicants must certify the relevant facts in writing, and no official fee is required. Applicants may also submit materials to assist in the examination, such as references cited in the corresponding foreign application and brief comments.

The Patent Prosecution Highway (PPH) also applies to Japanese patent applications. The JPO has signed bilateral PPH agreements with the USPTO, the European Patent Office (EPO), and the Chinese Patent Office (CNIPA). There are no official fees for the PPH. After a PPH request is approved, the first office action will be issued within one to four months.