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.
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
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)
20 years, and the validity period of patents for pharmaceutical inventions and pesticide inventions can be extended to 25 years upon application.
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.
Inventors have a novelty grace period of 12 months after disclosure (including sale).
The JPO conducts formality examination only for utility model patent applications.
yes
- 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.