Asia Patent Alliance

An Outline of Registration an Maintenance Fees

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.