NEWS & TOPICS

This article outlines a patent examination fee and patent fee reduction program for Small & Medium Enterprises (SMEs) and Academics. This program applies applications where a request for examination is filed on or after April 1, 2019.

Eligible Applicants	Examination fees/Patent fees for year 1 to year 10	Limit for Examination fee reduction/exemption
(1) Small & Medium Enterprises (SMEs)	Reduced to 1/2	180 cases per fiscal year(*1)
(2) Corporate tax exempt SMEs	Reduced to 1/2	180 cases per fiscal year(*1)
(3) R&D-oriented SMEs	Reduced to 1/2	180 cases per fiscal year(*1)
(4) Micro Enterprises / Small & Medium Startup Enterprises	Reduced to 1/3	N/A
(5) University researchers, Universities, Colleges of technology	Reduced to 1/2	N/A

*1: fiscal year: from April 1 of a given year to March 31 of the following year

(1) Small & Medium Enterprises (SMEs)

A company that meets both of the following reqs. 1) and 2) to be eligible for the fee reduction program:

req. 1) A company that satisfies one of the following conditions:

• • Number of employees (see Table 1)
  • Amount of capital or total contribution (see Table 1)

 

req. 2) A company that is not under the control of large enterprises.

[Table 1] Employee and Capital Requirements by Industry

	Industry	Number of employees	Amount of capital or total contribution
(a)	Manufacturing, construction, transportation, other industries (excluding those included in (b) to (g))	Up to 300	Up to 300 million yen
(b)	Wholesale	Up to 100	Up to 100 million yen
(c)	Services (excluding those included in (f) and (g))*	Up to 100	Up to 50 million yen
(d)	Retail	Up to 50	Up to 50 million yen
(e)	Rubber products manufacturing industry (excluding automobile or aircraft tire and tube manufacturing industry and industrial belt manufacturing industry)	Up to 900	Up to 300 million yen
(f)	Software service industry or information processing service industry	Up to 300	Up to 300 million yen
(g)	Hotel business	Up to 200	Up to 50 million yen

(2) Corporate tax exempt SMEs

A company that meets all of the following reqs.1) to 3) to be eligible for the fee reduction program:

req. 1) A company whose stated capital or total amount of contributions does not exceed 300 million yen

req. 2) Not subject to Corporate tax

req. 3) Not under the control of any other corporation

(3) R&D-oriented SMEs

A company that meets both of the following reqs. 1) and 2) is eligible for the fee reduction program:

req.1) A company that satisfies one of the following conditions:

• Number of employees (see Table 1)
• Amount of capital or total contribution (see Table 1)

 

req.2) A company that satisfies one of the following conditions:

• Ratio of expenses including experiment and research to the amount of revenue exceeds 3%
• A patented invention or an invention related to the outcome of any of the following projects (an application has been filed within 2 years from the date on which the project/business ended)

•  

・Subsidy payment programs for SBIR

・R&D projects relating to technology in Approved Management Innovation Plans

・R&D projects relating to technology in Certified Plans for Exploration of New Business Sectors for Cross-sectoral Collaboration prior to abolition

・Specific R&D, etc. relating to approved plans of the Act on Enhancement of Small and Medium Enterprises’ Core Manufacturing Technology prior to abolition

 

• A patented invention or an invention related to the patent rights or the rights to receive a patent that has been succeeded according to any of the following plans:

・Approved Management Innovation Plans

・Certified Plan for Exploration of New Business Sectors for Cross-sectoral Collaboration prior to abolition

・Approved plan relating to Act on Enhancement of Small and Medium Enterprises’ Core Manufacturing Technology prior to abolition

(4) Micro Enterprises / Small & Medium Startup Enterprises

 

(4-1) Micro Enterprises

A company that meets all of the following reqs. 1) and 2) is eligible for the fee reduction program:

req. 1) A company with 20 employees or less (5 or less for commerce or service industry)

req. 2) Not under the control of large enterprises

(4-2) Small & Medium Startup Enterprises

A company that meets all of the following reqs.1) and 2) to be eligible for the fee reduction program:

req. 1) A company that was established not more than 10 years ago, and whose amount of stated capital or total amount of contributions does not exceed 300 million yen

req. 2) Not under the control of large enterprises

(5) University researchers, Universities, Colleges of technology

 

(5-1) University researchers

A researcher that meets one of the following reqs. 1) to 3) to be eligible for the fee reduction program:

• University Presidents, Vice presidents, Deans, Professors, Associate Professors, Assistant Professors, Lecturers, Assistants or other staff members exclusively engaged in research at universities
• College Presidents, Professors, Associate Professors, Assistant Professors, Lecturers, Assistants or other staff members exclusively engaged in research at colleges of technology
• Directors or staff members exclusively engaged in research at Inter-University Research Institute Corporations

(5-2) Universities and Colleges of Technology

Universities or Colleges of Technology that meets one of the following requirements to be eligible for the fee reduction program:

• Entities that have established a University or College of Technology
• Inter-University Research Institute Corporations

 

In addition to the above, the JPO offers a patent examination fee and patent fee reduction/exemption program for individuals who meet eligibility requirements. Individual applicants who wish to receive more detailed information are welcome to contact us.