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).
1-2 years
3-6 months
Japan Patent Office
English: Japan Patent Office, abbreviation: JPO
Website: Japan Patent Office (jpo.go.jp)
Japanese Invention Patent Search: Japan Platform for Patent Information｜J-PlatPat [JPP] (inpit.go.jp)
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 Once the original patent application is converted, it will be deemed withdrawn.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 on grounds of "due care" accepted.
- 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.
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 Once the original patent application is converted, it will be deemed withdrawn.
yes
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
The design does not lose its novelty if it is disclosed by the designer in Japan within 12 months from the filing date/priority date.