When attempting to patent university research findings, the financial barrier is by no means low. The request for examination fee is 138,000 yen plus 4,000 yen per claim—an amount that would give any lab budget pause. The Japan Patent Office’s “Academic Discount” program cuts this burden in half.
If the applicant is a researcher at a university or other institution, or the university or institution itself, the examination request fee and patent annuities (for years 1 through 10) are reduced by half. The procedure requires only a single line added to the request for examination form; no supporting documents are needed.Furthermore, a close reading of the Japan Patent Office’s Q&A reveals that this system is based on a consistent, straightforward principle—it does not ask “who invented it.” It asks only “who is the applicant?” Whether the invention was created by a student or transferred from a company, the discount applies as long as the applicant meets the requirements.
In this article, a patent attorney explains—based on primary sources from the Japan Patent Office—who is eligible for the academic discount, how students are treated, pitfalls unique to public universities, the pro-rata calculation for joint applications, and how foreign universities are handled. This content is relevant not only to university researchers, URAs, and TLO staff but also to IP managers at companies filing joint applications with universities.
Table of Contents
The academic discount is a category within the Japan Patent Office’s fee reduction and exemption system (the new system applicable to cases for which a request for examination was filed on or after April 1, 2019) that targets researchers at universities and other institutions, as well as the universities and institutions themselves. The following two fees are reduced:
| Eligible Fees | Standard Amount | After Applying the Academic Discount |
|---|---|---|
| Fee for Requesting Examination of an Application | 138,000 yen + 4,000 yen per claim | Reduced to half (e.g., for 10 claims: 178,000 yen → 89,000 yen) |
| Patent Fees (Years 1–10) | Years 1–3: 4,300 yen per year + 300 yen per claim; increases incrementally each year thereafter | Reduced to half (e.g., for 10 claims, years 1–3: 7,300 yen/year → 3,650 yen/year) |
Of the official fees from the filing date through the 10th year of maintenance, both the examination request fee—which is the largest—and the patent fees, which gradually accumulate over time, are reduced by half.Please note that the application fee (14,000 yen) and patent maintenance fees from the 11th year onward are not eligible for this reduction. For details on the examination request procedure itself (including the 3-year deadline and remedies for missed deadlines), please refer to the explanatory article on filing a request for examination.
Eligible parties are defined in Article 10, Item 3 of the Order for Enforcement of the Patent Act and are divided into two categories: “(a) Researchers at Universities and Similar Institutions” (individuals) and “(b) Universities and Similar Institutions” (organizations).
| Category | Eligible Persons |
|---|---|
| Researchers at Universities and Other Institutions (Enforcement Ordinance, Article 10, Item 3, (a)) | ・Presidents, vice presidents, deans, professors, associate professors, assistant professors, lecturers, research assistants, and other staff members at universities (as defined in Article 1 of the School Education Act) who are engaged exclusively in research(including postdoctoral researchers and others in an employment relationship with the university) ・Principals, professors, associate professors, assistant professors, lecturers, research assistants, and other staff members at colleges of technology who are engaged exclusively in research ・Heads and staff members of university joint-use research institutions who are engaged exclusively in research |
| Universities, etc. (Article 10, Item 3(b) of the Enforcement Order) | ・Entities that establish universities (National University Corporations, Public University Corporations, School Corporations, etc.) ・Entities that establish National Colleges of Technology (National Institute of Technology, etc.) ・Corporations for University Joint Research Facilities |
It is worth noting that the requirement for “employee inventions,” which was previously established under the tax relief measures of the Act on the Strengthening of Industrial Technology Capabilities, has been abolished under the current system. Whereas it was previously necessary to determine whether an invention qualified as an “employee invention,” now it is sufficient to simply verify whether the applicant falls under one of the categories listed in the table above, significantly improving the system’s usability.
A common issue regarding university intellectual property is the treatment of students. To state the principle first: students do not qualify as “researchers at universities, etc.” (unless they are exclusively engaged in research as university “staff”). This is because students typically do not have an employment relationship with the university.
So, does this mean inventions involving students are ineligible for fee reductions?—This is where the principle mentioned at the beginning comes into play. The Japan Patent Office’s Q&A explicitly states that the following cases are all “eligible”:
| Case | Fee Reduction | Reason |
|---|---|---|
| Joint invention by a student and a professor. The professor files a sole application after acquiring the student’s share. | ○ | Because the applicant is a “researcher at a university or similar institution” |
| The university succeeded to the student’s invention and filed the application | ○ | Because the applicant is a “university or similar institution” |
| The university succeeded to the invention of a researcher who transferred from a private company to the university | ○ | Because the applicant is a “university or similar institution” |
| The student files the application in their own name | × | The applicant (student) does not meet the requirements |
In other words, the inventor’s status is irrelevant; it is determined solely by who the applicant is at the time of the fee reduction application. Conversely, this means that filing a patent application in a student’s name will result in forfeiting a fee reduction that could otherwise have been applied, and that the arrangement of rights ownership (assignment or succession) directly impacts costs.
Practical Tip (Clarifying Ownership Before Filing): For inventions involving students or postdocs, it is standard practice to decide “who will be the applicant” at the invention disclosure stage, before filing.Since eligibility for fee reductions is determined based on the applicant listed at the time the application is filed (when requesting examination or paying patent fees), it is more efficient to file the application from the outset with an applicant who meets the requirements rather than having to correct the name later.Note that postdocs in an employment relationship may qualify as “other staff members engaged exclusively in research” and thus fall under the category of researchers.
The Japan Patent Office’s Q&A section outlines specific points unique to public universities. If a prefecture assumes ownership of an employee invention created by a researcher at a prefectural university, the invention is eligible for a reduction or exemption if the prefectural university’s governing body is the prefecture itself.However, if the establishing entity is a public university corporation, the exemption applies only when the corporation itself assumes the rights; if the prefecture—which is not the establishing entity—assumes them, the invention is ineligible. The exemption applies to “the entity that establishes the university,” not the local government itself—this is a situation where the choice of assignee affects costs.
As of April 1, 2024, an annual cap of 180 cases has been set for the reduction or exemption of examination request fees for small and medium-sized enterprises (SMEs); however, the “Academic Discount” (for universities, etc., and researchers at such institutions) is not subject to this limit. Even large universities and research institutions with a high volume of applications can utilize this program without worrying about the number of cases.
In addition to the “Academic” category, the new fee reduction system includes categories such as “SMEs” (50% reduction) and “Small and Medium-Sized Startups and Small Businesses” (33% reduction).If rights are transferred to a university-spun-off venture, the case will be evaluated under the corporate category rather than the “Academic” category; therefore, the applicable category and reduction rate will vary depending on who holds the rights (the university or the venture). Please refer to the “Summary of Fee Waivers and Support Programs” for a complete overview of the system.
The procedures under the current system are simple. No application for fee reduction or supporting documents are required; you simply need to indicate that you qualify in the “Special Remarks” section of the Request for Examination of Patent Application (or the Patent Fee Payment Form for patent fees).
Entry in the “Special Remarks Regarding Fees” section of the Request for Examination of the Application (from the Japan Patent Office’s example)
(For researchers at universities, etc.)
“The requester falls under the category of persons listed in Article 10, Item 3(a) of the Order for Enforcement of the Patent Act. The submission of a fee reduction/exemption application is omitted.”
(For universities, etc.)
“The requester falls under the category listed in Article 10, Item 3(b) of the Order for Enforcement of the Patent Act. Submission of the application for reduction or exemption is omitted.”
Note: Applications for fee reduction or exemption must be filed simultaneously with the request for examination and the payment of patent fees; retroactive applications for reduction or exemption cannot be filed after payment has been made. If you forget to include the special notes and pay the full amount, that amount cannot be refunded. The determination of whether the requirements are met is also made at the time the application for reduction or exemption is filed.
In joint applications resulting from industry-academia collaboration, it is typical for only the university side to be eligible for a fee reduction. In such cases, the reduction applies only to the university’s share. On the request for examination form, list the “party eligible for the fee reduction” and “that party’s share percentage” in the “Special Remarks” section, and also specify the payment percentage relative to the standard fee in the [Other] field.
The Japan Patent Office’s sample calculation is as follows: If Applicant A (a company, no reduction) and Applicant B (a university, 1/2 reduction rate) each hold a 1/2 share, the payment ratio is 1 × 1/2 + 1/2 × 1/2 = 3/4.For a request for examination fee of 178,000 yen for 10 claims, the amount payable would be 133,500 yen. It is not necessary to submit documentation verifying the ownership shares.
Practical Tip (Consistency with Joint Application Agreements): Since the apportionment is calculated based on “ownership percentages,” the ownership and cost-sharing arrangements specified in the joint application agreement are directly reflected in the Office fees. In industry-academia collaborations, issues such as non-practice compensation and the design of ownership stakes themselves often become points of contention; therefore, please also refer to the explanation of checkpoints for joint research with universities.
Although this is surprisingly little known, the Japan Patent Office’s Q&A explicitly states, “If the requirements are met, foreign applicants are also eligible for the fee reduction and exemption system.”Specifically, this applies to researchers (such as presidents, professors, and associate professors—those engaged exclusively in research) at foreign institutions equivalent to universities or colleges of technology as defined in Article 1 of the School Education Act, as well as the entities that establish such institutions.When overseas universities file patent applications in Japan, the examination request fee and patent fees are also reduced by half with just a single line of notation—the same as for Japanese universities. The overall process for foreign applicants filing in Japan is explained in the Guide to Filing Patent Applications in Japan for Foreign Companies.
The request for examination fee and patent maintenance fees (for years 1 through 10) are reduced by half. For an application with 10 claims, the request for examination fee of 178,000 yen is reduced to 89,000 yen. The filing fee and patent maintenance fees for the 11th year and beyond are not covered by this discount.
As a general rule, students do not qualify as “researchers at universities or similar institutions” (except when they are university employees engaged exclusively in research). However, even for inventions made by students, the fee reduction applies if a researcher or university that has acquired the rights to the invention is listed as the applicant. The determination is based on the applicant, not the inventor.
No. Simply state in the “Special Remarks” section of the Request for Examination or the Patent Fee Payment Form that you fall under Article 10, Paragraph 3, Item (a) (researcher) or (b) (university, etc.) of the Order for Enforcement of the Patent Act, and that you are waiving the submission of a reduction/exemption application. However, the application must be submitted at the time of payment; retroactive applications are not permitted.
Yes, it can. However, the reduction applies only to the university’s share. If a company and a university each hold a 1/2 share and only the university receives a 1/2 reduction, the amount payable will be 3/4 of the standard fee.
Yes, it can. The Japan Patent Office’s Q&A explicitly states that researchers or founders of foreign institutions equivalent to Japanese universities or technical colleges are eligible. The procedure is the same as for domestic applicants.
With the examination request fee and 10 years’ worth of patent maintenance fees reduced by half, a single-line procedure, no certificate required, no limit on the number of applications, and eligibility extended to foreign universities—the Academic Discount is the first system you should check when planning the cost structure for university intellectual property. And there is only one determining factor for eligibility: whether the applicant meets the requirements at the time of the reduction application.The more complex the origins of an invention—such as student involvement or transfer to a local government—the more directly the design of the applicant’s name affects costs.
From clarifying ownership before filing to including special notes and apportioning shares in joint applications, this is a system that, once established, can be automatically applied to every filing. Please be sure to take advantage of this mechanism to support the commercialization of research results from a cost perspective.
Consult with Evorix Intellectual Property Firm
At the Intellectual Property Firm Evorix (evorix.jp), we provide consultation on patent applications for universities and research institutions, joint applications resulting from industry-academia collaboration, and determining eligibility for fee reduction and exemption programs. Please feel free to contact us via the inquiry form.
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Disclaimer and Important Notes: This article is intended to provide general information and does not guarantee a specific outcome for individual cases. The fees and programs described are based on information published by the Japan Patent Office as of the time of writing (September 2026).Since the requirements and procedures for fee reductions and exemptions are subject to change, please confirm the latest information from the Japan Patent Office or consult a patent attorney when conducting actual procedures.
AUTHOR / Writer
Takefumi Sugiura (SUGIURA Takefumi)
EVORIX Intellectual Property Law Firm, Managing Patent Attorney
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—with everything from patent, trademark, design, and copyright applications to appeals and infringement litigation.He is also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. He is a member of several organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).