PATENTS
Patents/utility models
Regarding the cost of design registration, unlike patent rights and utility model rights, which protect ideas, design rights, which are intellectual property, protect designs. When trying to register a design for a product developed in-house, we will explain the timing and amount of costs involved, as well as the procedure and provide general examples.
Novelty under the Design Law 1. Introduction A design is the shape, pattern, color, and combination of these elements of an item, i.e., the exterior design of an item, and includes the shapes of buildings and their interiors, as well as the design of operation screens, etc. Designs also include the design of parts of an item. Designs protected by the Design Law
Regarding designs that cannot be registered, the Design Law has rules that state that designs that are identical or similar to publicly known designs cannot be registered. However, even if a design is completely new, there are cases where registration is not permitted depending on the content. This applies to designs that would harm others if rights were granted.
Subsidy and exemption system for the cost of acquiring a design rightThe Japan Patent Office and local governments provide subsidies for the cost of acquiring a design right. To receive the subsidy, you must meet certain conditions and pass an examination before filing a foreign application. If you would like to receive a subsidy for the cost of acquiring a design right, please check the details below.
Overview of design right infringement and remedies How is it determined whether a design right has been infringed? This page explains design right infringement using examples of representative court cases in which design right infringement was actually contested. Design right infringement can be divided into direct infringement and indirect infringement.
How to deal with a notice of refusal 1. What is a notice of refusal? After filing an application for design registration, a formal examination is conducted, and then a JPO examiner examines whether or not the application meets all the registration requirements in accordance with the examination guidelines. The main registration requirements are as follows. ■Main registration requirements ・The design must be protected by the Design Law ・It must be industrially appropriate
Regarding examination of designs Design rights, which are one type of intellectual property right, are only established when the patent office determines whether the registration requirements are met and is recognized. What are the criteria for determining whether registration requirements are met? The registration requirements for designs are different from those for patents and trademarks. This page allows you to register
Regarding the difficulty in creating designs, the purpose of the design registration system is to encourage the creation of designs and contribute to the development of industry by protecting and utilizing designs. The main requirements for protection (design registration) are "industrial applicability," "novelty," and "difficulty in creation." While a design with novelty is a requirement for registration
Exceptions to disclosure of designs and loss of novelty, secret design points As a general rule, designs should not be disclosed before filing. If it is unavoidable to make the design public before filing, apply using the system that applies exceptions to the lack of novelty. If you want to keep the contents of your design rights secret for a certain period of time after registration, you can use the Confidential
Design Bulletin What is a Design Bulletin? A Design Bulletin is a gazette that is published approximately two weeks after the registration of establishment of a design right. By issuing this gazette, the registered design will be made available to the public. The design gazette will include the name and address of the design owner, the application number, and the filing date.