"When is the next annuity on our Japanese patent due?" "We missed the payment — is the patent gone?" "Can a foreign SME pay reduced annuities in Japan?"
A Japanese patent stays in force only if annual fees (annuities) are paid to the Japan Patent Office (JPO). Missing a payment can cost you the patent, so annuity management deserves the same care as prosecution. In this article, Japanese Patent Attorney Toru Kano of BrandAgent explains the amounts, how due dates are counted, payment options, fee reductions, and what to do if a payment is missed — including the late payment period and restoration.
*Official fees as listed by the JPO as of November 2026. Check the latest amounts in the JPO schedule of fees.
What you will learn
- How Japanese annuities work and how due dates are counted
- Official annuity fees by year and number of claims
- Payment options, including automatic payment
- Fee reductions available to foreign applicants
- Late payment (double fee) and restoration of a lapsed patent
Overseas patent owners and Japanese annuities
Owners without a domicile or business office in Japan normally handle JPO procedures through a Japanese patent attorney (Benrishi), and annuity payments are usually managed the same way. Annuities are paid in Japanese yen. At BrandAgent, every case is handled personally by the patent attorney; we can handle annuity payments for your Japanese patents, communicate in English and Chinese, and accept payment by PayPal (in JPY) or bank transfer.
How Japanese annuities work
- Years 1–3: paid together when the patent is registered, after the decision to grant.
- Year 4 onwards: paid every year, in advance of the year concerned. Several years can also be paid in advance at once.
The key point for foreign owners: in Japan, annuity years are counted from the registration date, not from the filing date. According to the JPO, the due date is "the registration date plus the number of years already paid" (moved to the next business day if it falls on a JPO holiday). For example, if a patent was registered on 10 June 2026 and years 1–3 were paid at registration, the annuity for year 4 is due on 10 June 2029.
The patent term, on the other hand, ends 20 years from the filing date (up to 25 years with a term extension). The number of annuities you actually pay therefore depends on how long examination took.
Official annuity fees
For applications in which examination was requested on or after 1 April 2004, the annual fees are as follows. They depend on the number of claims and rise over time.
| Years | Per year (JPY) | 1 claim | 5 claims | 10 claims |
|---|---|---|---|---|
| 1–3 | 4,300 + 300 × claims | 4,600 | 5,800 | 7,300 |
| 4–6 | 10,300 + 800 × claims | 11,100 | 14,300 | 18,300 |
| 7–9 | 24,800 + 1,900 × claims | 26,700 | 34,300 | 43,800 |
| 10–25 | 59,400 + 4,600 × claims | 64,000 | 82,400 | 105,400 |
*Years 21–25 apply only where a term extension has been applied for. Amounts without any fee reduction; attorney fees not included.
The official fees for years 1–10 add up to JPY 191,200 for 1 claim and JPY 245,600 for 5 claims. Because the yearly amount jumps from year 10, many companies use that point to decide whether a patent is still worth keeping.
Payment options and automatic payment
Annuities are paid by filing a patent fee payment form with the JPO — at the counter, by mail or online through the JPO's electronic filing software. Do not count on a reminder from the JPO: in its guidance on restoration, the JPO states that it does not send notices of payment deadlines.
To prevent lapses, the JPO has offered an automatic payment system since 1 January 2009. After registering an advance-deposit account or a bank account for direct debit, the owner (or its attorney) files a request for automatic payment, and the annual fee is then debited each year. An advance notice is sent about 60 days before the due date. If the balance is insufficient, that year is excluded and must be paid individually. Credit cards are not supported. In practice, many overseas owners have their Japanese attorney handle the payments.
Fee reductions — foreign owners can qualify
For applications in which examination was requested on or after 1 April 2019, eligible applicants can reduce the examination request fee and the annuities for years 1–10:
| Category | Fee payable |
|---|---|
| SMEs (companies, sole proprietors, etc.) | 1/2 |
| Small-scale enterprises and young SME start-ups | 1/3 |
| Universities and university researchers | 1/2 |
The JPO confirms that foreign applicants are eligible if they meet the requirements, applying the same criteria as for Japanese companies (some categories, such as approved TLOs and certain public bodies, are not open to foreign applicants). For annuities, no separate request form or certificate is needed: the reduction is claimed in the special-remarks field of the payment form. However, a reduction cannot be claimed after payment, so check eligibility before each payment.
Missed the due date? The 6-month late payment period
The patent does not lapse immediately. Within 6 months after the due date, the annuity can still be paid — together with a surcharge equal to the annuity. In effect, you pay double. For example, the year-4 annuity for a 5-claim patent (JPY 14,300) costs JPY 28,600 when paid in the late period.
After the late period, the patent lapses
If the annuity and surcharge are not paid within the 6-month late period, the patent right is extinguished. It can then be revived only through restoration, explained below.
Restoration: possible if the failure was not intentional
For periods that expired on or after 1 April 2023, Japan replaced the strict "justifiable reason" standard with a more lenient "not intentional" standard for restoring a lapsed patent.
Restoration under the 'not intentional' standard
- Deadline: within 2 months from the date the procedure became possible (usually when the lapse was noticed), and within 1 year after the late payment period expired.
- Documents: a statement of reasons for restoration (why the deadline was missed, when the procedure became possible, and that the failure was not intentional), plus a payment form for the annuity and the surcharge.
- Restoration fee: JPY 212,100 for a patent, on top of the annuity and surcharge.
- Fee waiver: possible, with proof, if the failure was due to reasons not attributable to the owner, such as a disaster.
Given the high fee and short deadlines, restoration should be a last resort, not a plan. Also remember that the next annuity may fall due while the restoration is pending — it must be paid on time as well.
A common pitfall for foreign portfolios
In many countries — China and Europe among them — annuity years are counted from the filing date, and many corporate IP docketing systems are set up that way. If a Japanese patent is entered with the filing date as its base, the due dates will be wrong. When you add a Japanese patent to your docket, enter the correct registration date.
Gaps also tend to appear when the person in charge changes, when you switch Japanese attorneys, or when your company's name or address changes. If the owner's name or address has changed, consider recording the change in Japan as well. With the Japanese patent number, we can confirm which years have been paid and when the next annuity is due.
Practical tips for managing Japanese annuities
Practical tips
- Count from the registration date: do not use the filing or priority date to calculate Japanese due dates.
- Keep your contact details current: reminders are useless if they go to a former employee.
- Review your portfolio: a patent you no longer need simply lapses if you stop paying; record those decisions so a needed patent is not lost by accident.
- Check reductions before paying: they cannot be claimed afterwards.
FAQ
- Q. When is the year-4 annuity due?
A. On the registration date plus the years already paid — normally the third anniversary of registration. - Q. We missed the due date. What now?
A. Within 6 months you can still pay, with a surcharge equal to the annuity (double in total). - Q. The late period has also passed.
A. If the failure was not intentional, you can request restoration within 2 months of becoming able to act and within 1 year after the late period, paying the JPY 212,100 restoration fee plus the annuity and surcharge. - Q. Can a foreign company pay reduced annuities?
A. Yes, if it meets the SME or university requirements and examination was requested on or after 1 April 2019 (years 1–10). - Q. Can you manage our Japanese annuities?
A. Yes. We can handle annuity payments for your Japanese patents, communicating in English and Chinese. Ask us for a free quote.
Key points
- Years 1–3 are paid at registration; from year 4, annuities are paid every year.
- Due dates are counted from the registration date.
- Fees depend on claims and rise sharply from year 10.
- A missed annuity can be paid within 6 months at double the amount.
- After that, restoration is possible if the failure was not intentional (JPY 212,100 fee, strict deadlines).
Related articles
- How Much Does a Japanese Patent Cost? Official JPO Fees for Foreign Applicants (2026)
- Responding to a Japanese Patent Office Action on a Translated Application: Deadlines, Amendments and Mistranslation Correction
- Patent Infringement in Japan: How to Check Your Risk and Respond to a Warning Letter
- How to Get a Patent in Japan as a Foreign Applicant: Documents, Routes and Process
Need help with your Japanese patent annuities?
Send us your Japanese patent numbers — we will check the due dates and any fee reductions, and reply with a quote for annuity management, free of charge.
BrandAgent Patent Office (Kyoto, Japan)
Toru Kano, Japanese Patent Attorney