Procedures for obtaining a design right in Japan
STEP 1 Needed information
(1)Literal description of the design that is being registered.
(Photos/Pictures are necessary.)
(2)Application Numbers from your original application in your country.
(Only when claiming 'Priority under the Paris Convention')
STEP 2 Translation
Application draft written in foreign language (language other than Japanese) must be translated into Japanese in accordance to the Japanese Patent law.
STEP 3 Design Application
We will prepare application documents for you and file them to JPO.
STEP 4 Substantive Examination
The substantive examination will be taken approximately 5-6 months after the filing date. If the examiner could not find any reason to refuse, the application will be allowed to register; Otherwise, a notification of reasons for refusal will be sent.. But in this case, the applicant may be allowed to submit a written argument or an amendment or both to traverse the refusal (response to OA※)
About response to OA (Office Action)
If a notification of reasons for refusal is received, our attorneys will make every effort to assist clients to obtain design rights in Japan besides providing professional advices and listening attentively to your opinions, we will also prepare and file the argument or amendment at a very reasonable price
STEP 5 Design Registration
If there are no reasons for refusal or the reasons are eliminated during response to OA procedure, the examiner will grant Design right. And the design right will come into force if the applicant could pay the registration fee for the 1st year or longer period in time.
Note:
Filing Requirements:
- Certified copy of the first application, if Convention priority is claimed
- Name and address of the designer (inventer)
- Formal drawings (A4) including front, rear, top plan, and both side views illustrated by orthographic projection. Inclusion of any elements not contributing to the composition of a design, such as hatching or stippling to indicate shading is not showend preferably.
Granting:
20 years from the date of registration
Others,
Section 1 of the Design Law states the that: "The purpose of this Law shall be to encourage the creation of designs by promoting their protection and utilization so as to contribute to the development of industry".
Designs represent a quest for a better appearance or external form, resulting in enjoyment, which is connected with the use of beautiful products. This external appearance is something that can be perceived uniformly by anybody. That is why designs can be easily copied, which poses obstacles to a healthy industrial development because ease of copying can be an invitation to unfair competition.
That is why a design system should be planned so that it would on one hand protect the assets of the creator of a new creative design, while on the other hand, the usage of the design should be also determined so as to encourage design creativity which also contributes to industrial development.
>Please feel welcomed to contact us, for any assitance in Japanese IP matters.
We promise to offer you a high quality service for a reasonable price.
Please be aware that we may request for additional informaiton, such as PCT publication No.or National application No., if necessary.
(1)Literal description of the design that is being registered.
(Photos/Pictures are necessary.)
(2)Application Numbers from your original application in your country.
(Only when claiming 'Priority under the Paris Convention')
STEP 2 Translation
Application draft written in foreign language (language other than Japanese) must be translated into Japanese in accordance to the Japanese Patent law.
STEP 3 Design Application
We will prepare application documents for you and file them to JPO.
STEP 4 Substantive Examination
The substantive examination will be taken approximately 5-6 months after the filing date. If the examiner could not find any reason to refuse, the application will be allowed to register; Otherwise, a notification of reasons for refusal will be sent.. But in this case, the applicant may be allowed to submit a written argument or an amendment or both to traverse the refusal (response to OA※)
About response to OA (Office Action)
If a notification of reasons for refusal is received, our attorneys will make every effort to assist clients to obtain design rights in Japan besides providing professional advices and listening attentively to your opinions, we will also prepare and file the argument or amendment at a very reasonable price
STEP 5 Design Registration
If there are no reasons for refusal or the reasons are eliminated during response to OA procedure, the examiner will grant Design right. And the design right will come into force if the applicant could pay the registration fee for the 1st year or longer period in time.
Note:
Filing Requirements:
- Certified copy of the first application, if Convention priority is claimed
- Name and address of the designer (inventer)
- Formal drawings (A4) including front, rear, top plan, and both side views illustrated by orthographic projection. Inclusion of any elements not contributing to the composition of a design, such as hatching or stippling to indicate shading is not showend preferably.
Granting:
20 years from the date of registration
Others,
Section 1 of the Design Law states the that: "The purpose of this Law shall be to encourage the creation of designs by promoting their protection and utilization so as to contribute to the development of industry".
Designs represent a quest for a better appearance or external form, resulting in enjoyment, which is connected with the use of beautiful products. This external appearance is something that can be perceived uniformly by anybody. That is why designs can be easily copied, which poses obstacles to a healthy industrial development because ease of copying can be an invitation to unfair competition.
That is why a design system should be planned so that it would on one hand protect the assets of the creator of a new creative design, while on the other hand, the usage of the design should be also determined so as to encourage design creativity which also contributes to industrial development.
>Please feel welcomed to contact us, for any assitance in Japanese IP matters.
We promise to offer you a high quality service for a reasonable price.
Please be aware that we may request for additional informaiton, such as PCT publication No.or National application No., if necessary.