PATENTS
Patents/utility models
Basic information about the design system For those who are applying for a design for the first time, we will provide an easy-to-understand explanation of what a design is, the benefits of obtaining a design right (difference from a patent), and the requirements necessary for registration. *This article is a continuation of "Basic Information on the Design System 1." 4. Types of design applications The Design Act includes other intellectual property rights.
Basic information on the design system For those who are new to design applications, we will explain in an easy-to-understand manner what a design is, the benefits of obtaining a design right (how it differs from a patent), and the requirements for registration. 1. What is a design? A design is the design (appearance) of the shape, pattern, color, or image of an article or building. In particular, for articles, designs include clothing, cars, desks, and umbrellas.
What is priority? The priority system is a system in which, after filing an application for, for example, a design in one country, when filing applications in other countries, if certain conditions are met, the novelty and prior application are judged based on the filing date of the first application. Since designs lose their novelty through their own public disclosure, just like patents, priority is an important system.
Design applications and color (2015) It is now possible to apply for a trademark based on color alone, but can designs also be applied for? The Trademark Act was amended in XNUMX, and "trademarks consisting of only color" are now also protected. A color trademark is a trademark that consists of only a single color or a combination of multiple colors without an outline.
Searching for Designs Database for searching designs You can check whether design rights have been granted for objects or images you see in the world by searching the Design Gazette. Design rights, like patents and trademarks, are registered by country or region, so you need to check for each country or region. Designs
What is the accelerated examination of a design? What is the accelerated examination system for designs? The accelerated examination request is a system to shorten the waiting time from filing to notification of the examination result. By requesting an accelerated examination at the same time as or after filing a design application, you can know the examination result about 3 to 5 months earlier. It is a system with many benefits.
What is a design classification? Design applications can only be filed for the design of an article. This "article" can be anything, from food to buildings, clothing, machines, etc. Articles are systematized and given alphanumeric characters so that it is possible to search for registered designs for each article. This is called a design classification. In Japan,
Conversion of Design Applications The conversion system to a design application is a system that allows applicants to convert patent applications and utility model applications to design applications. This system is stipulated in Article 13 of the Design Act, and is intended to provide relief to applicants in the following cases, for example: When an applicant makes a mistake in choosing the application format
The design system is a system for protecting the creation of new designs and securing exclusive rights for a certain period of time. This article provides a detailed explanation of the law regarding the design system and its application. The design system and the first-to-file system The design system grants exclusive rights for the creation of new designs for a certain period of time.
Prior use rights for industrial designs (3) Overview of prior use rights for industrial designs (XNUMX-XNUMX) Non-exclusive license A non-exclusive license by prior use (so-called prior use right) is a type of non-exclusive license, but there are three types of non-exclusive licenses: a non-exclusive license by permission, a non-exclusive license by statutory license, and a non-exclusive license by arbitration.