Why Japanese Patent Annuity Years Can Be Confusing from a European Perspective

Even experienced foreign associates handling patent matters across multiple jurisdictions may find Japanese annuity practice somewhat counterintuitive. In particular, the meaning of “1st year,” “3rd year,” or “8th year” is not the same in Japan as it is under the European system.

In Japan, patent annuities are counted from the registration date of establishment, not from the filing date. The annuities for the 1st to 3rd years must be paid together at the time of registration. By contrast, under the European patent system, renewal years are counted from the filing date, and renewal fees become due from the 3rd year onward, even while the application is still pending.

This difference may at first appear to be merely a matter of timing. However, it also reflects a structural difference between the two systems. In Japan, substantive examination, including prior art search, begins only after a request for examination is filed. Under the European system, on the other hand, a search fee is paid at filing and search-related work begins at an earlier stage. From that perspective, renewal fees during pendency under the European system are understandable.

For applicants and foreign associates handling Japanese matters, the important point is that the same expression—such as “3rd year annuity”—does not necessarily refer to the same point in the life of a patent application or patent right. It is therefore essential to confirm what date is being used as the starting point when discussing annuity years across jurisdictions.