Breakdown of National Phase Entry Costs in Japan and Tips for Reducing Costs | Explanation by a Patent Attorney

For companies expanding their global operations, filing international patent applications through the PCT (Patent Cooperation Treaty) route is the standard method for efficiently obtaining patents in multiple countries. In particular, securing rights in Japan—a country with a massive market and advanced technological capabilities—is essential to business strategy, and the “National Phase Entry into Japan” is an unavoidable procedure for achieving this.

Our patent firm frequently receives inquiries such as, “How much does national phase entry into Japan cost in total?” and “The costs have ballooned beyond expectations—is there a way to reduce costs without compromising the quality of the patent?”

In fact, Japan is one of the countries where the initial costs of national phase entry are relatively high by global standards. The primary reason for this is the requirement for high-quality patent translation from foreign languages into Japanese. In this article, a patent attorney well-versed in international patent practice will provide a thorough explanation, ranging from a detailed breakdown of the costs associated with national phase entry into Japan to practical “cost-saving tips” for wisely managing your budget.

1. What Is National Phase Entry for a PCT Application in Japan?

The PCT application system allows you to file simultaneously in all PCT member countries through a single application process; however, this does not automatically grant patent rights. To ultimately obtain patent rights, you must individually complete the “national phase entry” procedure for each country where you wish to obtain a patent.

For the national phase entry procedure in Japan, as a general rule, the national documents must be submitted to the Japan Patent Office (JPO) within 30 months of the earliest priority date.Furthermore, if the international application is filed in a foreign language (such as English or Chinese), Japanese translations of the patent specification and claims must be submitted. The deadline for submitting these translations is strictly defined by law as the later of “within two months of the submission of the national filing documents” or “30 months from the priority date.”

2. Breakdown and Market Rates of Costs for National Phase Entry in Japan

The costs associated with domestic conversion in Japan are broadly classified into three categories: “Stamp duty (official fees) payable to the Japan Patent Office,” “Agent fees payable to a patent firm,” and “Translation costs.”

2-1. Official Fees (Stamp Duty) to the Japan Patent Office

These are statutory fees paid directly to the Japan Patent Office and are charged at a flat rate regardless of which patent firm you engage.

In Japan, substantive examination does not begin simply by filing a domestic application. To have the examiner commence examination, a separate “Request for Examination” must be filed. (*Fees are current estimates)

2-2. Attorney Fees (Professional Fees)

2-3. Translation Costs (The Largest Cost Factor)

Market rates for English-to-Japanese patent translation: Approximately 15–35 yen per word. Because patent translation requires paraphrasing to meet the requirements of Japanese patent law and meticulous adjustment of wording that affects the scope of rights, the unit price is set higher than for general translation. For example, for a 10,000-word English specification (a standard volume), translation costs alone amount to approximately 150,000–350,000 yen.

3. Simulation of Domestic Filing Costs (Specific Example)

We will estimate the total cost based on a typical model case. [Assumptions] Language: English / Volume: 10,000 words / Number of claims: 10

Case A: When a request for examination is not filed simultaneously with the domestic filing

Case B: When filing a request for examination simultaneously with the domestic transition

As shown above, you should budget approximately 400,000 to 600,000 yen per application, and cost optimization becomes extremely important when filing multiple applications.

4. Directly from a Patent Attorney! 5 Tips for Reducing Domestic Transition Costs in Japan

Tip 1: Utilize AI Translation and Expert Post-Editing

Reducing “translation costs”—the largest expense—directly leads to overall cost savings. In recent years, the accuracy of AI translation (neural machine translation) in the patent field has improved dramatically. By choosing a patent firm that uses the latest AI translation systems to create a draft translation, followed by detailed revisions and checks (post-editing) by professional translators or patent attorneys well-versed in Japanese patent law, you can reduce translation costs by about 20% to 30% while maintaining quality.

Tip 2: Strategically Delay the Timing of the Request for Examination

The deadline for filing a request for examination is “within three years of the international filing date.” During the domestic entry phase—which occurs 30 months after the priority date—you can limit your actions to completing the entry procedures and submitting the translated documents, while postponing the payment of the expensive request for examination fee until the very last minute, thereby improving cash flow. During this period, you can assess the examination status in other countries (such as the U.S. or Europe), and if commercialization in Japan is no longer necessary, you can refrain from filing a request for examination, thereby reducing unnecessary examination costs.

Tip 3: Reduce Unnecessary Claims

Japan’s examination request fees and post-registration patent fees (maintenance fees) are based on a pay-as-you-go system proportional to the “number of claims.”If you file for examination in Japan with the same large number of claims as in Western applications, you will incur enormous stamp duty costs. It is effective to perform a “voluntary amendment” at the time of domestic conversion or immediately before filing the request for examination to narrow down (reduce) the claims to only those that are truly important for the Japanese market. Organizing the claims before translation also reduces translation costs, allowing for double cost savings (please also refer to the article on multi-multi claim limitations for details).

Tip 4: Take Advantage of the JPO’s Fee Reduction Program

Tip 5: Utilize the PPH (Patent Prosecution Highway)

If you have claims that have already been deemed “patentable” in another country (such as the U.S. Patent and Trademark Office or the European Patent Office), we recommend filing a PPH (Patent Prosecution Highway) application with the Japan Patent Office.Using the PPH not only expedites the Japanese examination process but also dramatically increases the likelihood of receiving a patent grant in Japan on the first attempt without receiving any grounds for rejection. As a result, you can minimize the costs associated with responding to rejections (such as fees for patent attorneys to prepare written opinions).

5. Why Choose Our Firm and What We Offer

Securing robust intellectual property rights in the Japanese market is a critical step that determines the success of global business. Regarding the national phase entry of PCT applications in Japan, our firm provides strong support to help both domestic and international clients achieve both “high-quality, strong rights” and “optimization of IP budgets (cost reduction).”

6. Summary: Achieve Success in Obtaining a Japanese Patent Through Proper Cost Management

National phase entry into Japan based on a PCT application involves Japan Patent Office fees, attorney fees, and high translation costs, resulting in expenses of several hundred thousand yen per application. However, by leveraging the expertise of patent attorneys—such as the smart use of AI translation, adjusting the timing of requests for examination, optimizing the number of claims, and utilizing fee reduction/exemption systems and the PPH—it is possible to dramatically reduce this burden.

The key to successfully reducing costs and building a strong patent portfolio in Japan is selecting a “trusted patent attorney (patent firm)” who is well-versed in Japanese patent practice and examination standards and can offer flexible proposals tailored to the client’s budget. Please also see our PCT International Patent Application Service.