Annuities for Japanese (JP) patents fall due every year counted from the date of registration of establishment. Years 1-3 are paid in a lump sum at registration, and from year 4 payment is made annually. This article is a manual that organizes, from a practical management standpoint, the anchor date and deadline calculation for Japanese patent annuities, the grace period and restoration, reductions, official fees, and the treatment of annuities where the patent term is extended.
1. At a Glance
- System type
- Annual annuity system (years 1-3 paid in a lump sum at registration)
- Anchor date
- Date of registration of establishment ★ (not the filing date)
- Deadline method
- The anniversary date itself, registration date + number of years already paid (the first day is not counted — not the day before ★ differs from Korea)
- Start of payment
- Years 1-3 are paid in a lump sum within 30 days of service of the certified copy of the decision to grant (registration fee) — annually from year 4
- Term
- Filing date + 20 years (years 21-25 exist where the term is extended)
- Grace period
- 6 months + a surcharge of the same amount (double in total — not prorated monthly)
- Restoration
- Available — standard of "not intentional" (relaxed from 2023-04), restoration fee ¥212,100 + intervening right
- Reductions
- SMEs 1/2 · startups/micro-entities 1/3 · universities etc. 1/2 — years 1-10 only
- Advance payment
- Lump-sum advance payment for multiple years / all remaining years is possible
- Fee axis
- Per-claim surcharge — snapshot of the number of claims at registration
2. Anchor Date and Deadline Calculation
The anchor date for Japanese annuities is the date of registration of establishment. It is not the filing date. The deadline is the anniversary date itself, i.e., the registration date plus the number of years already paid. Because the first day is not counted, the deadline is the anniversary date itself, not the day before it. This differs from Korea, so take care.
If the final day falls on a holiday, payment may be made by the next business day.
Here is an actual calculation example. For a case with a filing date of 2020-06-15 and a registration date of 2023-03-10, the deadlines are calculated as follows.
| Year | Deadline |
|---|---|
| Year 4 | 2026-03-10 |
| Year 5 | 2027-03-10 |
| Year 6 | 2028-03-10 |
| Year 7 | 2029-03-10 |
| Year 8 | 2030-03-10 |
| Year 9 | 2031-03-10 |
| Year 10 | 2032-03-10 |
| Year 11 | 2033-03-10 |
This case generates a total of 17 payment events, from year 4 through year 20. Confirming that the month and day of the deadline are the same as those of the registration date makes it easy to catch calculation errors.
3. Start of Payment
- Years 1-3 are paid in a lump sum as the registration fee. The deadline is within 30 days of service of the certified copy of the decision to grant, and a 30-day extension is available. This payment is what leads to registration and the creation of the right.
- From year 4, payment is made annually. The deadline is the anniversary of the registration date itself.
- No annuities accrue while the application is pending. Accordingly, even if registration is delayed, there is no structure requiring retroactive lump-sum settlement for the pendency period.
4. Grace Period and Surcharge
Even after the deadline passes, there is a 6-month late payment period. The surcharge is not prorated monthly but is a uniform surcharge of the same amount. That is, an amount equal to the original annuity is added, so double the amount is paid in total.
| Segment | Period | Amount payable |
|---|---|---|
| Normal payment | Up to the deadline (the anniversary of the registration date itself) | Full annuity |
| Late payment | 6 months after the deadline | Annuity × 2 (surcharge of the same amount) |
If payment is not made within the late payment period, the right lapses retroactively as of the original due date. Even during the grace period, it is safer to manage the case as already being in a state of "risk of retroactive lapse."
5. Lapse and Restoration
If payment is not made within the late payment period, the right lapses retroactively as of the original due date. Japan has a restoration system, but its requirements, time limits and costs are all burdensome.
- Standard: "not intentional" (a relaxed standard applying to deadlines missed from 2023-04 onward)
- Time limit: within 2 months from the date payment becomes possible, capped at 1 year from expiry of the late payment period
- Cost: restoration fee ¥212,100 (separate from the unpaid annuity)
- Even if restored, an intervening right (a third party's right to work the invention) arises
- Restoration procedures must be handled through a representative
6. Reductions
Japan has an annuity reduction system. However, its scope of application is limited to years 1-10.
| Eligible party | Reduction |
|---|---|
| SMEs | 1/2 |
| Startups / micro-entities | 1/3 |
| Universities etc. | 1/2 |
- The scope of application is limited to years 1-10.
- No separate application form or supporting evidence is required; it is handled by an entry in the remarks column of the payment form.
- Eligibility is determined as of the time of payment. Retroactive application is not possible.
- Foreign parties are also eligible if they meet the requirements.
7. Advance and Lump-Sum Payment
- Multiple years, or all remaining years, may be paid in advance in a lump sum.
- If invalidation becomes final, the amounts for subsequent years are refunded.
- For cases paid in advance, the next actual deadline must be reset in the docket. If the annual reminder continues to run as before, it produces false alerts.
8. Official Fees
An annuity consists of a base amount plus a surcharge based on the number of claims. The rates below are those in force from 2022-04.
| Segment | Annual base amount | Per-claim surcharge | Effective date |
|---|---|---|---|
| Years 4-6 | ¥10,300 | ¥800/claim | 2022-04~ |
| Years 7-9 | ¥24,800 | ¥1,900/claim | 2022-04~ |
| Year 10 onward | ¥59,400 | ¥4,600/claim | 2022-04~ |
9. Patent Term Extension
Japan has a patent term extension system (Patent Act §67, up to 5 years). If an extension is granted, the term of the patent itself is lengthened, and accordingly new payment instalments known as annuities for years 21-25 arise. It is not a mechanism by which a separate right is created; rather, the annuity schedule of the same patent is extended.
| Item | Content |
|---|---|
| System | Patent term extension (Patent Act §67) |
| Maximum extension | 5 years |
| Maximum annuity year with extension | Year 25 |
| Effect on annuities | Annuities for years 21-25 newly arise (only where there is an application for registration of extension) |
| Rate for the extension segment | Same rate as the years 10-25 segment: ¥59,400 + ¥4,600/claim — the number of claims continues to be multiplied in |
| Application deadline | Period prescribed by cabinet order counted from the date of the disposition ⚠️ (original source to be verified) |
- Patent fees for years 21-25 arise only where there is an application for registration of extension. For ordinary cases without an extension, years 4-20 are the entire schedule.
- There are filing date cut-offs ⚠️ — years 16-20 apply to applications filed on or after 2007-04-01, and years 21-25 to applications filed on or after 2020-04-01. Please verify applicability against the original source.
- The rate for the extension segment is the same as for the years 10-25 segment, but since the per-claim surcharge is multiplied in as is, the cost over the 5 extension years can become considerable for cases with many claims. When preparing estimates, it is better not to simply extrapolate the amounts for the ordinary segment.
- The deadline for applying for registration of an extension is a separate deadline that differs from the annuity deadline in both its anchor and its nature. It is easy to miss if managed mixed together with the annuity deadline axis.
10. Management Checklist
Values that must be filled in on the case docket
- Date of registration of establishment — the anchor date for Japanese annuities. If this date is blank, none of the deadlines from year 4 onward can be calculated, or they will be wrong. Record it as soon as the registration notice is received.
- Filing date — the basis for calculating the term (filing date + 20 years) and for determining the filing date cut-offs for the extension segment.
- Number of claims at registration — the value multiplied into the fee each year. Fix the value as of registration as a snapshot.
- Rights holder status (SME, startup, university, etc.) — used to determine reductions for years 1-10.
- Whether advance payment has been made and the range of years it covers.
- Whether a registration of extension exists, the extension period granted, and the resulting actual expiry date.
Order of the payment cycle
- Immediately after registration: confirm that years 1-3 (the registration fee) were paid within 30 days of service of the certified copy of the decision to grant.
- Generating the schedule: create deadlines from year 4 based on the anniversary of the registration date. For cases without an extension, this runs to year 20.
- Advance notice before the deadline: since the JPO gives no advance notice, manage it solely with your own reminders. Allow ample lead time.
- Check immediately before payment: confirm the fee segment for the year concerned (4-6 / 7-9 / year 10 onward), the per-claim surcharge, and eligibility for a reduction as of the time of payment. A reduction is reflected only by the entry on the payment form and cannot be applied for afterwards.
- Making the payment: annuity payments from year 4 onward can be made directly even by non-residents. Years 1-3 and restoration procedures go through a representative.
- Recording after payment: record the year paid, the amount, and whether a reduction was applied, and fix the next deadline. Where multiple years were paid in advance, adjust the reminders by the number of years covered.
- If the deadline has passed: immediately switch to handling it in the 6-month late payment segment at double the amount. If expiry of the late payment period is imminent, also review the restoration requirements and time limits (2 months from the date payment becomes possible; 1 year from expiry of the late payment period), the restoration fee of ¥212,100, and the arising of an intervening right.
- Extended cases: register the deadline for applying for registration of an extension as a separate deadline apart from the annuity deadline, and after the extension is confirmed, update the schedule for years 21-25 and the expiry date.
With iphere's overseas annuity and renewal management, once you enter the date of registration of establishment and the number of claims, you can manage cases so that deadlines and amounts follow in the order described above.
Sources, cut-off date and disclaimer
This manual is based on iphere's August 2026 survey of country-by-country overseas maintenance rules, together with values produced by the deadline engine that runs on those same rules. Official fees and deadline rules change by office notice, so please confirm against the official source and your local agent before any actual payment or filing.