When applying for design registration directly to Japan, if there is no sales office etc. in Japan, procedures by a local representative in Japan <\/strong>are required.
If you make an international application using the Hague system and designate Japan as a designated states, you can proceed without using a local representative in Japan under the normal procedures .
However, an applicant who does not have an address or residence in Japan can not directly submit to the Patent Office the procedure (submission of a certificate, a written opinion, an amendment, a request for fee return, etc.) based on the provisions of the Design Act. , It is necessary to select an agent who has an address or residence in Japan to carry out the procedure.
When appointing an agent, it is necessary to attach a document (a power of attorney) certifying the right of proxy and its translation to the notification of acceptance of power of attorney etc. and report it to the Patent Office.
As a local representative in Japan, we assist in acquiring design rights in Japan.
In the case of a design, we think that we can communicate with you by exchanging e-mails, but it is also possible to have a video conference if necessary.
Please see here for our video conference.<\/a>
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Although our office is a small office run by two patent attorneys, we offer smart services at low cost that are not available at major patent offices. \n\n\u25a0 If you are dissatisfied with the rejection decision, you may request the Patent Office Commissioner to appeal the rejection decision.<\/p>\n\n\n\n \u25a0 Trial or appeal is conducted by a panel Consisting of either of three or five administrative judges.<\/p>\n\n\n\n \u25a0 If you are dissatisfied with the result of the appeal, you may further sue in the Intellectual Property High Court. In the case of applying the provisions of exceptions to the loss of novelty, submitting a certificate of priority under the Paris Convention, or the appointment of a national representative, it is necessary to submit a document directly to the Patent Office awaiting international publication. <\/p>\n\n\n\n
\u25a0Cost required for design registration application from foreign country to Japan<\/a>
\u25a0Contact us<\/a><\/p>\n\n\n\n
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<\/p>\n\n\n\nConvention on Designs to which Japan is a Member<\/h3>\n\n\n\n
Japan is a member of the following international treaties on registration of design, application procedures, etc.
(1)Paris Convention on the Protection of Industrial Property Rights
(2)Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)
(3)Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs
(4) Locarno Agreement
In Japan, a design system harmonized with these treaties has been established.
<\/p>\n\n\n\nBasic concept of Japanese design system<\/h3>\n\n\n\n
<\/p>\n\n\n\nFirst-to-file principle<\/h4>\n\n\n\n
The \u201cfirst-to-file principle\u201d is a system that prioritizes and registers those with earlier filing dates. If there are two or more applications for the same or similar designs, only the application of the first applicant for design registration (one on the same day) will be registered.
If the applicants are the same and they are filed on the same day, one can be registered as a principal design and a similar design as a related design (“Related Design System”).
In addition, if a later application is filed by the same person before the publication of the earlier application is issued, it can be registered by making the previous application a principal design and a similar design a related design.
<\/p>\n\n\n\n Substantive examination principle<\/h4>\n\n\n\n
When an application for design registration is filed, substantive examinations such as novelty and creative difficulty will be conducted.
<\/p>\n\n\n\n One application per design <\/h4>\n\n\n\n
Design registration applications must be filed for each design.
In addition, even if it is two or more articles, one that satisfies certain requirements may be recognized as “design for Set Articles”.
<\/p>\n\n\n\nProcessing flow of direct design registration application to Japan<\/h3>\n\n\n\n
The flow of processing when applying for design registration to Japan directly from overseas is the same as the flow of processing for national design registration application.
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<\/p>\n\n\n\n(1)Application for a design registration<\/h4>\n\n\n\n
\u25a0 The “design registration request” describing the prescribed matters, with the “drawing” showing the design attached, etc., will be submitted to the Commissioner of the Patent Office.
<\/p>\n\n\n\n(2) Formality examination<\/h4>\n\n\n\n
\u25a0 The submitted documents will be checked to see if they meet the form or not.
\u25a0 If the documents are not ready or required items are not listed, order for amendment will be issued.
<\/p>\n\n\n\n(3) Substantive examination<\/h4>\n\n\n\n
The examination will be conducted by the examiner of the Patent Office.
The examiner will decide whether or not the applied design should be registered.
<\/p>\n\n\n\n(4) Notice of Grounds for Rejection <\/h4>\n\n\n\n
\u25a0 If the examiner finds out the reason for refusal, the examiner will deliver a notice of reasons for refusal to the applicant.
<\/p>\n\n\n\n(5) Submission of written opinion and amendment <\/h4>\n\n\n\n
\u25a0The applicant is given the opportunity to submit a written opinion stating the objection of the refusal, and an amendment to correct the content.
<\/p>\n\n\n\n(6) Rejection decision <\/h4>\n\n\n\n
If the examiner determines that the reasons for refusal can not be resolved by examining the written opinion or amendment, it will evaluate that the refusal should be made.
<\/p>\n\n\n\n(7) Appeals against a Rejection Request <\/h4>\n\n\n\n
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<\/p>\n\n\n\n(8) Decision to grant the design <\/h4>\n\n\n\n
If no grounds for rejection are found with regard to a design application, the examiner must reach a decision to grant the design.
<\/p>\n\n\n\n(9) Payment of registration fee<\/h4>\n\n\n\n
\u25a0 If the registration fee is paid for the application for which the registration decision has been made, the design right is registered in the design registry.
\u25a0 After registration of design right setting , the design registration certificate will be sent to the applicant.
<\/p>\n\n\n\n(10) Publication of design Gazette <\/h4>\n\n\n\n
\u25a0 The contents of the registered design will be published in the Design Gazette.<\/p>\n\n\n\n
<\/p>\n\n\n\nApplication to Japan under the Hague Agreement (International Design Registration Application)<\/h3>\n\n\n\n
Even when Japan is applied as a designated states using the Hague Agreement, the flow of application processing is almost the same as direct filing.
An international application designated as a Contracting Party for Japan is considered to be a design registration application filed with the Japan Patent Office on the date of international registration, as published in the International Design Publication and published internationally.
Also, if the international application contains multiple designs, it is considered as one design registration application for each design.
Procedures for international design registration applications to the Patent Office will be possible after international publication.
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Those who do not have an address or residence in Japan (a foreigner) must complete these procedures through a representative who has an address or residence in Japan.
<\/p>\n\n\n\nProceeding to the Japan Patent Office after publication of the international registration <\/h3>\n\n\n\n
<\/p>\n\n\n\n Submit priority certificate <\/h4>\n\n\n\n
If you claim priority at the time of international application, you will need to submit a certificate to the Japan Patent Office within three months of international publication.
<\/p>\n\n\n\n Submit a certificate to apply exception to loss of novelty<\/h4>\n\n\n\n
If you apply for the application of exception to loss of novelty, you need to submit a certificate to the Japan Patent Office within 30 days of international publication.
<\/p>\n\n\n\n Responding to a notification of rejection<\/h4>\n\n\n\n
If you make an opinion on the reasons for refusal indicated in the notice of the reasons for refusal, or if you revise the design of the international registration based on the reasons for refusal, you need to proceed with the Japan Patent Office.
The response period to the notice of the reasons for refusal is 3 months from the date of shipment of the Japan Patent Office (can be extended by 1 month) for those who do not have an address or residence in Japan, those who have an address or residence in Japan are 60 days from the shipping date of the Patent Office.
<\/p>\n\n\n\n Duration of design protection <\/h4>\n\n\n\n
The duration of design protection in Japan is up to 20 years<\/strong> from the date of registration of the design rights setting <\/strong>in Japan.
For internationally registered designs that have been registered for the setting of design rights in Japan, the right to demand compensation will occur for the third party’s implementation in the period prior to the registration of the setting for design rights after international publication.o
<\/p>\n\n\n\n Non-application of the secret design system <\/h4>\n\n\n\n
The secret design system is a system that can request that the design be kept secret for up to three years from the date of registration of the setting of the design right.<\/strong>
However, in the application for international design registration, the secret design system does not apply to applicants for international design registration applications, as it is impossible to keep the design secret because the contents of the national registration are made public by the International Secretariat.
However, in the case of an international design registration application, it is impossible to keep the design confidential as the content of the international registration is published by the International Bureau. Therefore, the secret design system does not apply to applicants for international design applications.<\/p>\n\n\n\n
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