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Official Fees and Deadlines of the Japan, China, and Korea Patent Offices
Next, we will introduce registration fees and procedures for each Patent Office in the event that a patent or utility model has been granted. In all countries, registration procedures must be completed through payment of registration fees after a Notice of Grant is received. In Japan and Korea, annuities for the first three years are paid at the time of registration. Please be aware that the registration fee payment period is different in all three countries, as shown below. In China, the official fees and payment year are calculated based on the international filing date, unlike Japan and Korea.
Registration Fees and Payment Deadlines in Each Country (including 1st to 3rd year annuities)
|
Patent |
Utility Model |
| Japan |
USD 81.00~
Additional fees incurred for each
claim
Must be paid within 30 days of the
Notice of Grant mailing date |
USD 72.00~
Additional fees incurred for each
claim
Must be paid within 30 days of the
Notice of Grant mailing date
|
| China |
The registration fees will depend on
the year the patent is registered. If
granted, maintenance fees for the
number of years since the
international filing date must be
paid 2 months from receipt of the
Notice to Grant. |
The registration fees will depend on the
year the utility model is
registered. If granted, maintenance
fees for the number of years since the
international filing date must be
paid 2 months from receipt of the
Notice to Grant. |
| Korea |
About USD 125.00~
Additional fees incurred for each
claim
Must be paid 3 months from the receipt
date of the decision to grant a patent right |
About USD 71.00~
Additional fees incurred for each
claim
Must be paid 3 months from the receipt
date of the decision to grant a
utility model right |
Maintenance Fees and Deadlines After the 4th Year
Japan
| |
Patent |
Utility Model |
|
Japan: Deadline |
Deadline: at the expiration of the
previously paid year, which is
calculated from the day following
the date of registration
installment |
Deadline: at the expiration of the
previously paid year, which is
calculated from the day following
the date of registration
installment |
|
Japan: Fees
(USD 1= JPY 92.00) |
4th-6th (per annum)
About USD 83.00~
(JPY 7,600) |
4th-6th (per annum)
About USD 70.00~
(JPY 6,400) |
| |
7th-9th year (per annum)
About USD 251.00~
(JPY 23,100) |
7th-10th year (per annum)
About USD 207.00~
(JPY 19,000) |
| |
10th-25th year (per annum)
About USD 722.00~
(JPY 66,400) |
N/A |
China
| |
Patent |
Utility Model |
|
China: Deadline |
The payment year is calculated from
the filing date, and must be paid
by the day falling on the filing
date of that year. |
The payment year is calculated from
the filing date, and must be paid
by the day falling on the filing
date of that year. |
|
China: Fees
(USD 1 = RMB 5.88) |
4th-6th (per annum)
About USD 204.00~
(RMB 1,200) |
4th-5th (per annum)
About USD 204.00~
(RMB 1,200) |
| |
7th-9th year (per annum)
About USD 340.00
(RMB 2,000) |
6th-8th (per annum)
About USD 204.00~
(RMB 1,200) |
| |
10th-12th year (per annum)
About USD 680.00
(RMB 4,000) |
9th-10th year (per annum)
About USD 340.00
(RMB 2,000) |
| |
13th-15th year (per annum)
About USD 1,020
(RMB 6,000) |
N/A |
| |
16th-20th (per annum)
About USD 1,360
(RMB 8,000) |
N/A |
Korea
|
Patent |
Utility Model |
| Korea: Deadline |
Deadline: at the expiration of the
previously paid year, which is
calculated from the day following
the date of registration
installment |
Deadline: at the expiration of the
previously paid year, which is
calculated from the day following
the date of registration
installment |
|
Korea: Fees
(USD 1 = KRW 1,033) |
4th-6th (per annum)
About USD 60.00~
(KRW 62,000~) |
4th-6th (per annum)
About USD 32.00~
(KRW 34,000~) |
| |
7th-9th (per annum)
About USD 132.00~
(KRW 138,000~) |
7th-9th (per annum)
About USD 71.00~
(KRW 74,000~) |
| |
10th-12th (per annum)
About USD 281.00~
(KRW 295,000~) |
10th-12th (per annum)
About USD 172.00~
(KRW 180,000~) |
| |
13th-25th (per annum)
About USD 396.00~
(KRW 415,000~) |
13th-25th (per annum)
About USD 248.00~
(KRW 260,000~) |
Lastly, we will explain maintenance fee deadlines to keep patent and utility model rights alive, and how to handle cases in which this procedure is not completed. In all three countries, if maintenance fees are not paid, the rights will be cancelled. Thus, advanced maintenance fee payment and deadline management is key. As a rule, maintenance fees must be paid before expiration of the previously paid year, and the payment deadline is the day falling on the application filing date of that year.
If the fees are not paid by the deadline, all countries have a 6 month grace period, conditional upon payment in advance. In addition, procedures for when the grace period is missed differ in each country. Because this is a case-by-case matter, please contact us for more information.
Handling when the Payment Deadline is Missed
Japan
Payment is possible within 6 months of the deadline, conditional upon extra charges (doubled official fees). If the grace period was missed due to an unavoidable reason, the rights may be recovered within 2 months from the date that reason is resolved (for Japanese applicants 14 days). However, this must be within 6 months after the end of the grace period).
China
If within 6 months from the payment deadline, rights may be recovered conditional upon extension charges (extension charges are not required if this procedure is completed within the first month). After the 6 months have expired, the Patent Office will issue a notification, and the rights may be recovered up to 2 months from this notice.
Korea
Payment is possible within 6 months of the deadline, conditional upon extra charges (doubled official fees). The rights can be recovered up to 3 months after expiration of the grace period, provided that tripled official fees and a statement proving that the rights are being implemented are submitted.
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