The JPO conducts formality examination and substantive examination of the design patent application, and the substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. JPO mainly examines the novelty and inventiveness of designs.
- (*Secret design: applicants can request that their design remain secret for 3 years from the filing date).
20 years, and the validity period of patents for pharmaceutical inventions and pesticide inventions can be extended to 25 years upon application.
1-2 years
- Grant fee: The applicant shall pay the granted fee within 30 days after receiving the granted notice.
- Annuity: The annual fee for the first to third years must be paid together with the application fee when the patent application is filed, and the annual fee will be paid year by year from the fourth year, and the payment period corresponds to the granted date. 200% of the year's annual fee paid within the month is a late fee.
yes.
- Within 3 years from the filing date, the patent type can be changed from utility model to invention upon request of the applicant
- Utility model patents can be converted to design patents at any time
A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.
Reinstatement of priority is accepted on grounds of "due care."
yes.
- Within the period of 9 years and 6 months from the date of application for the invention patent, or within 3 months from the date of receipt of the notification of rejection, the patent type of the invention patent may be changed from invention to utility model/design upon request
- A request to change the patent type from invention to utility model/design can be filed within three months from the date of the JPO’s first decision to reject the application
A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.
The JPO conducts formality examination and substantive examination of the design patent application, and the substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. JPO mainly examines the novelty and inventiveness of designs.
- (*Secret design: applicants can request that their design remain secret for 3 years from the filing date).
Filing Language: Japanese Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Scanned Copy of Certified Priority Document / DAS
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
yes. Within 3 years from the date of application, or within 3 months from the date of receipt of the rejection decision, the patent type can be changed from design to invention/utility model at the request of the applicant.
A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.
- Grant fee: The applicant needs to pay the granted fee within 30 days after receiving the granted notice, which is the annual fee for the first to third years.
- Annuity: From the 4th year from the date of granted, the annual fee will be paid year by year, and the payment can be postponed within 6 months after the overdue period, but at the same time, 200% of the annual fee of the current year must be paid as a penalty. The amount of the annual fee depends on the number of Claim, and the annual fee can be paid for several years in one lump sum.