Between the time a patent
examination request is made and the actual examination, there is usually
a pendency period of several months. During this period, an
applicant may no longer need to obtain a patent, or
conclude that their patent is no longer patentable as a result of a
prior art search. Hitherto, an applicant who wished to cancel an examination request was nonetheless responsible for the
fee regardless of whether the application was withdrawn or not. But starting August 9, 2006, the Japan Patent Office (JPO) announced a
special one-year measure in which applicants may
receive a full refund for patent examination requests if they fulfill the
following two conditions:
-
Withdraw or
abandon the application before August 8, 2007.
-
Withdraw or
abandon the application before JPO examination
procedures begin.
After the one-year
period expires (August 9, 2007), applicants with abandoned or
withdrawn applications will only receive a 50% refund for patent
examination request fees .
JPO raised their examination fees back in April of 2004,
hiking the price up considerably from the previous fee chart.
With the new fee, an application with 20 claims was charged approximately US$2200
for an examination. The above-described
special measure will allow applicants to make an examination request without
risking the payment of a hefty examination fee if they
choose to withdraw the application later on. For more information,
go to JPO's website by
clicking
here.
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