Utility Model vs Patent in Japan: Which Should Foreign Applicants Choose?

"Should we file a utility model or a patent in Japan?" "We have a Chinese utility model — can we protect the same product in Japan?" "Is a Japanese utility model worth anything if it is not examined?"

Overseas manufacturers, especially those used to the Chinese utility model system, ask us these questions all the time. Japan has a utility model system too, but it works differently from a patent, and in some important respects differently from what many foreign applicants expect. In this article, Japanese Patent Attorney Toru Kano of BrandAgent compares the two systems side by side and explains how to choose.

*Official fees are those published by the Japan Patent Office (JPO) as of November 2026.

Utility model vs patent in Japan at a glance

*Patent: filing fee + examination request + annual fees for years 1–3, for a Japanese-language filing. Translation and attorney fees are not included in either column.

In short: a utility model is fast and inexpensive but narrow in scope and must be enforced with care, while a patent takes longer and costs more but gives you an examined, stronger right.

1. What can be protected

A Japanese utility model protects only devices relating to the shape, structure or combination of articles. Typical examples are a kitchen tool with a non-slip handle shape, a storage rack whose parts are combined for tool-free assembly, or a container with an internal structure that prevents leaks.

The following cannot be protected by a utility model in Japan:

• Methods — manufacturing, measuring or operating methods
• Chemical substances and compositions — compounds, alloys, resin formulations, pharmaceuticals
• Programs as such — software and app logic
• Things without a fixed shape, such as liquids or powders themselves

A patent covers all of these. If the innovation lies in how the product is made or what it is made of, rather than its shape or structure, the patent route is the only option. Drawings are also mandatory in a utility model application, so a good rule of thumb is: if you cannot show the innovation in a drawing, a utility model is probably not the right tool.

2. Examination and time to registration

A Japanese patent application is examined only after a request for examination, which must be filed within 3 years of the filing date. An examiner then checks novelty, inventive step and other requirements, and most applications receive at least one Office Action before grant.

A utility model is registered without substantive examination. The JPO checks only formalities and basic requirements — for example, whether the subject matter is a device relating to the shape or structure of an article. As a result, registration typically takes a few months.

3. Term of protection

A utility model lasts 10 years from the filing date; a patent lasts 20 years from the filing date (with possible extension for pharmaceuticals and certain other products). For consumer products that are replaced by a new model every few years, 10 years is often enough. For a core technology you plan to sell or license for a long time, a patent is the better fit.

4. Official JPO fees

For a utility model, you pay the filing fee of JPY 14,000 and the registration fees for years 1–3 at the time of filing. The registration fee is JPY 2,100 + JPY 100 × number of claims per year. With one claim, the total at filing is JPY 14,000 + JPY 2,200 × 3 = JPY 20,600, and nothing more is due until year 4.

For a patent, you pay the filing fee (JPY 14,000), the examination request fee (JPY 138,000 + JPY 4,000 × claims) and, at grant, the annual fees for years 1–3 (JPY 4,300 + JPY 300 × claims per year). With one claim this comes to JPY 169,800 — and attorney fees for Office Action responses come on top.

For both routes, foreign applicants also need a Japanese translation and a Japanese attorney. Attorney fees vary by case depending on the length and technical field of the specification; ask us for a free quote.

5. Enforcement: the biggest difference

This is the point foreign applicants most often overlook. To demand an injunction or damages from an infringer, the owner of a Japanese utility model must first obtain a technical evaluation report from the JPO and present it to the infringer in a warning (Utility Model Act, Article 29-2). Requesting the report costs JPY 42,000 + JPY 1,000 × claims in official fees.

Moreover, if the utility model is later invalidated, the owner may have to compensate the other party for damage caused by the enforcement, unless the owner exercised reasonable care (Article 29-3). In other words, a Japanese utility model is easy to obtain, but it must be used cautiously. A patent, having passed examination, can be asserted without these preliminary steps.

Even so, a registered utility model has real deterrent value: marking your product with the registration number signals to copycats that a right exists.

Switching between the two systems

• Utility model → patent: within 3 years of the utility model filing date, you can file a patent application based on the utility model registration (Patent Act, Article 46-2), subject to conditions — for example, that no technical evaluation has been requested. The utility model right must be abandoned when you do so.
• Patent → utility model: a pending patent application can be converted into a utility model application within 9 years and 6 months of filing, but not after 3 months from receiving the first decision of refusal.

Points for foreign applicants

If you have no domicile or business office in Japan, you must file a utility model or patent application through a Japanese patent attorney. To claim priority from your home application under the Paris Convention, file in Japan within 12 months — the same period applies to both utility models and patents, so you can even base a Japanese utility model on a Chinese utility model or patent application.

Chinese applicants in particular should note that a Japanese utility model is narrower than a Chinese one in practice: it covers only shape, structure and combination, and the enforcement rules above apply. Do not assume that the same strategy works in both countries.

Which should you choose?

The right choice depends less on which is cheaper and more on how you intend to use the right in the future. We are happy to review your product and suggest the best route.

FAQ

• Q. Can a Japanese utility model protect software or a method?
  A. No. Only devices relating to the shape, structure or combination of articles are protectable. Methods, chemical substances and programs need a patent.
• Q. How long does it take to register a utility model in Japan?
  A. Typically a few months, since there is no substantive examination. Defects in the documents can add time.
• Q. Can we base a Japanese utility model on our Chinese application?
  A. Yes. You can claim Paris Convention priority within 12 months of your first filing, with a Japanese translation.
• Q. Can we turn the utility model into a patent later?
  A. Within 3 years of filing, subject to conditions such as no technical evaluation having been requested, you can file a patent application based on the registration. The utility model right is then abandoned.
• Q. Can we communicate in English or Chinese and pay from overseas?
  A. Yes. Every case is handled personally by a licensed Japanese patent attorney, in English or Chinese. Payment by bank transfer or PayPal (in JPY) is available.

Related articles

• Japan Utility Model Cost and Procedure (2026): Official JPO Fees, Timeline and Filing Tips
• Japan Utility Model Technical Evaluation Report: Enforcement Risks and Converting to a Patent
• How Much Does a Japanese Patent Cost? Official JPO Fees for Foreign Applicants (2026)
• How to Get a Patent in Japan as a Foreign Applicant: Documents, Routes and Process