Japanese Patent Annuities Are Counted from the Registration Date, Not the Filing Date

Even experienced foreign associates who regularly handle patent matters in multiple jurisdictions may find Japanese annuity practice somewhat counterintuitive, particularly when approaching it from a European perspective.

In Japan, patent annuities are not counted from the filing date. Instead, they are managed from the registration date of establishment. This differs from systems in which renewal years are linked to the filing date, and the distinction may easily be overlooked when Japanese matters are handled from abroad.

More specifically, the annuities for the 1st to 3rd years must be paid together at the time of registration. From the 4th year onward, annuities are due on the basis of the registration date, although it is possible to pay multiple future years in advance.

The patent term itself, however, is calculated separately. In Japan, the term of a patent expires 20 years from the filing date. Thus, the starting point for annuity management and the starting point for calculating the patent term are different.

This is a simple point once understood, but it is an important practical distinction for foreign associates managing Japanese patent portfolios or advising clients on maintenance deadlines. When handling Japanese patent matters, it is therefore advisable to confirm not only the filing date but also the registration date in order to ensure that annuity deadlines are correctly understood.

If you have any questions regarding Japanese patent annuities or other procedural matters in Japan, please feel free to contact us.