How to Obtain Right
In order to obtain a design right, it is necessary to file with the Japan Patent Office (JPO) an application for a design registration.
The process from application to registration is as follows.
1. APPLICATION
An applicant files with JPO an application form, drawings, etc., which are prescribed in related ordinances.
2. FORMALITY CHECK
The submitted documents are checked to see whether or not they fulfill formal requirements.
3. SUBSTANTIVE EXAMINATION
Examined is whether or not substantive registration requirements (novelty, uneasiness of creativity, etc.) are satisfied.
4. NOTIFICATION OF REASONS FOR REFUSAL
If an examiner found reasons for refusal, a notification of reasons for refusal is sent to the applicant.
5. WRITTEN ARGUMENT/AMENDMENT
The applicant can file against the notification of reasons for refusal a written argument, an amendment, etc. in order to resolve the reasons for refusal.
6. DECISION TO REGISTER
If the examiner determines that the substantive registration requirements are satisfied, a decision to grant design registration is issued (usually, a decision is made after approximately 8 months from the filing of an application). A decision to grant design registration is issued also in a case where the reasons for refusal are dissolved by a written amendment or an amendment.
7. DECISION OF REFUSAL
If the examiner determines that the reasons for refusal cannot be dissolved by the written argument or the amendment, and therefore, the design cannot be registered, a decision of refusal is issued.
8. APPEAL AGAINST DECISION OF REFUSAL
If the applicant has an objection to the decision of refusal, the applicant can file an appeal against examiner’s decision of refusal.
9. APPEAL DECISION TO REGISTER
If it is determined in the appeal against examiner’s decision of refusal that the reasons for refusal have been resolved, a collegial body of examiners makes an appeal decision to register the design.
10. APPEAL DECISION OF REFUSAL
If it is determined in the appeal against examiner’s decision of refusal that the reasons for refusal have not been dissolved, the collegial body of examiners makes an appeal decision of refusal.
11. INTELLECTUAL PROPERTY HIGH COURT
The applicant can appeal a case to the intellectual property high court if the applicant has an objection to the appeal decision of refusal made in the appeal against examiner’s decision of refusal.
12. PAYMENT OF REGISTRATION FEE
The applicant must pay a registration fee within 30 days from the date of service for a copy of the decision to grant design registration or the appeal decision to register the design.
13. REGISTRATION OF ESTABLISHMENT
If the applicant pays the registration fee, the design is registered in the design registry, and a design right arises. The duration of a design right is 20 years from the date of registration of establishment.
14. ISSUANCE OF REGISTRATION CERTIFICATE
After the registration of establishment, a design registration certificate is issued.
15. PUBLICATION OF DESIGN GAZETTE
A design gazette on which the details of design rights are described is published to widely announce that the design right has been established.
OSAKA
