April 14, 2022

Revisions to the IP fee schedules of Japan and Monaco

Japan

A revised intellectual property fee schedule has been implemented in Japan as per the Amended Patent Act of 2021. The fee alterations span across costs in relation to patents, utility models, and trademarks, as well as international filings, and entered into force as of April 1, 2022.

Patents

The amended fees in relation to patents in Japan concern the annuity fees, with the cost of years one to three inflating by approx. 105% from 2,100 JPY to 4,300 JPY. The corresponding additional fee per claim has risen from 200 JPY to 300 JPY.

The fees for years four to six have increased by approx. 61% from 6,400 JPY to 10,300 JPY, and the corresponding fee per claim from 500 JPY to 800 JPY, whilst the cost for each year ranging from the seventh to the ninth now constitutes 24,800 JPY, an approx. 28% rise from 19,300 JPY alongside an increase from 1,500 JPY per claim to 1,900 JPY. Finally, the fees for years ten to twenty-five have increased by a lesser 7% from 55,400 JPY to 59,400 JPY, and the additional fee per claim from 4,300 JPY to 4,600 JPY.

These fees are applicable to applications for which the substantive examination has been requested on or after April 1, 2004. Applications for which the date of filing of a request for examination is on or before March 31, 2004 will be subject to the previous fee amounts.

Trademarks

In relation to trademark fees, the cost of registration made in a single payment now constitutes 32,900 JPY per each class, increasing by approx. 17% from 28,200 JPY, whilst the registration fee to be paid by installments has risen by a smaller 5%, now comprising 17,200 JPY per class as opposed to the previous 16,400 JPY.

Increasing by approx. 12% from 38,800 JPY, the amount of renewal fees made in a single payment now constitutes 43,600 JPY. The cost of payment for the renewal by installments has inflated by a mere 1% from 22,600 JPY per classification to 22,800 JPY.

PCT

PCT fees in Japan have seen significant increases, with the combined cost for the transmittal and search in relation to a PCT patent application filed in Japanese ballooning by 100% from 80,000 JPY to 160,000 JPY. The same fee for applications filed in English has risen by approx. 12%, from 166,000 JPY to 186,000 JPY.

The additional fee for an international search in Japanese has increased to 105,000 JPY from 60,000 JPY, constituting a 75% increase, whilst the same in the English language has risen by approx. 33% from 126,000 JPY to 168,000 JPY.

Preliminary examination fees have experienced a lesser rise, with the cost in relation to an application in Japanese increasing by approx. 31% from 26,000 JPY to 34,000 JPY and the additional fee for preliminary examination in the same language by 87% from 15,000 JPY to 28,000 JPY.

The cost of conducting a preliminary examination in English will now constitute 69,000 JPY, rising by approx. 19% from 58,000 JPY, with the additional fee for preliminary examination in English inflating by approx. 32% from 34,000 JPY to 45,000 JPY.

International trademark

In relation to international trademark applications, the registration fee will now comprise 32,900 JPY, rising by approx. 17% from 28,200 JPY. The fee for the renewal of an international trademark has increased by approx. 12% to 43,600 JPY from 38,800 JPY.

Monaco

Also having entered into effect as of April 1st, 2022, an amended fee schedule in relation to patent annuities in Monaco has been implemented. As such, each year between the sixth to the tenth has seen an increase of 5 EUR respectively, constituting an average increase of between 3% and 4%.

Each year between the eleventh and the nineteenth has risen between 2% and 3% by 10 EUR respectively, whilst the twentieth year has inflated by 4% by 15 EUR from the previous amount.

Author: Danielle Carvey
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