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About revision of patent-related fees
2003.10.29
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Revision of official fees will take effect on April 1,
2004. The current fees system will be shifted to a new
one encouraging strategic acquisition of patents by the revision.
By reducing application fees and annual fees while increasing
examination fees to reduce total costs per a patent application
(see table 1 and table 2), applicants would be given more
incentives to make strategic efforts.
Table 1. Comparative table between
the old fees system (current fees) and the new fees system
(revised fees) |
|
Current
fees
|
Revised
fees
|
|
Basic
charge
|
Charge
per claim
|
Basic
charge
|
Charge
per claim
|
| Application
fee |
 21,000
|
0
|
16,000
|
0
|
| Examination
fees (for PCT application with International Search
Report) |
84,300
(67,400)
|
2,000
(1,600)
|
168,600
(134,880)*
|
4,000
(3,200)*
|
| Annual
fees (in lump sum as registration fee) (1st - 3rd) |
13,000
X 3
39,000
|
1,100
X 3
3,300
|
2,600
X 3
7,800
|
200
X 3
600
|
| Annual
fees (each year)(4th - 6th) |
20,300
|
1,600
|
8,100
|
600
|
| Annual
fees (each year)(7th - 9th) |
40,600
|
3,200
|
24,300
|
1,900
|
| Annual
fees (each year)(10th - 25th) |
81,200
|
6,400
|
81,200
|
6,400
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(*
not yet determined)
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Table 2. Transitional measures
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A
period of request
|
Application
fees
|
Examination
fees
|
Annual
fees
|
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Application
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Request
for examination
|
| before
April 1, 2004 |
before
April 1, 2004 |
Current
fees
|
Current
fees
|
Current
fees
|
| before
April 1, 2004 |
on
or after April 1, 2004 |
Current
fees
|
Current
fees
|
Revised
fees
|
| on
or after April 1, 2004 |
on
or after April 1, 2004 |
Revised
fees
|
Revised
fees
|
Revised
fees
|
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As follows are a model of estimate costs (only Official fee)
of filing a request for examination and paying annual fees
regarding a PCT application with International Search Report
filed before April 1,2004 (50 claims):
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1.
If a request for examination is filed before April 1, 2004.
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Official
examination fees (50 claims) |
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(67,400
+ 1,600
X 50) |
147,400- |
| Annual
fees (1st - 3rd) (in lump sum as registration fee) |
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(13,000
+ 1,100
X 50) X 3 |
204,000- |
| Annual
fees (4th - 6th) (each year) |
|
|
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(20,300
+ 1,600
X 50) |
100,300- |
| Annual
fees (7th - 9th) (each year) |
|
|
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(40,600
+ 3,200
X 50) |
200,600- |
| Annual
fees (10th - 25th) (each year) |
|
|
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(81,200
+
6,400 X 50) |
401,200- |
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2.
If a request for examination is filed on or after April 1,
2004.
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Official
examination fees (50 claims) |
|
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(67,400
+ 1,600
X 50) |
147,400- |
| Annual
fees (1st - 3rd) (in lump sum as registration fee) |
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(2,600
+ 200
X 50) X 3 |
37,800- |
| Annual
fees (4th - 6th) (each year) |
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(8,100
+ 600
X 50) |
38,100- |
| Annual
fees (7th - 9th) (each year) |
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(24,300
+ 1,900
X 50) |
119,300- |
| Annual
fees (10th - 25th) (each year) |
|
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(81,200
+
6,400 X 50) |
401,200- |
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As
described above, for the application filed before April 1,
2004, examination fees remain the same as the current fees
in any case. However, if a request for examination is filed
before April 1, 2004, the expensive annual fees in the old
fee system must be paid. On the other hand, if a request for
examination is filed on or after April 1, 2004, the inexpensive
annual fees in the new fee system (revised fees) can be paid.
Therefore, we recommend clients to file a request for examination
in such a timing because it is more advantageous in the total
costs for a life of the client's patents.
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