Domestic design system

We will explain the Patent Office fees and patent office fees required for design registration.

Costs for design registration

Unlike patent rights and utility model rights, which protect ideas, design rights, which are intellectual property, protect designs.
We will clearly explain the timing and costs involved when trying to register a design for a product developed in-house, along with the procedure, and provide general examples.

The costs required for design registration are incurred twice: at the time of application and at the time of registration.

In addition, costs related to design registration are divided into two categories: fees paid to the Japan Patent Office (patent stamp duty) and fees paid to patent offices or patent attorneys (procedural fees).

1. Costs incurred at the time of application

This fee is for submitting application documents to the Patent Office and undergoing examination.

Fees paid to the Patent Office (patent stamp fees)

16,000JPY
*The fee is the same for applications for "partial designs" seeking to obtain a design registration for part of a product's configuration, or for "related designs" seeking to obtain a design registration for a design that is similar to your own prior design.
* In the case of a "multiple design application (a system in which multiple designs are submitted together in a single application)", the fee is 16,000 yen per design.

Fees paid to patent offices and patent attorneys (procedural fees)

  • Costs for design searches to explore the possibility of registration before filing (can be omitted)

Before filing a design application, a search is conducted to see if there are any designs that are identical or similar to the design to be applied for that have already been registered. If a similar design has already been published, it cannot be registered. A pre-application search can be omitted, but by conducting a search, you can consider how to effectively obtain a design right based on the results of the search before filing a design application.
Design searches to explore the possibility of registration can be conducted using the free database "Patent information platform(Link to the INPIT website) or other similar tools. However, specialized knowledge and experience are required to specify the appropriate product name and design classification, extract data groups, determine whether the search target is similar, and consider the possibility of design registration.

  • Application preparation fee

Prepare application documents that meet the format specified by the Japan Patent Office and submit them to the Japan Patent Office.
Based on the product photos, CAD data, CG (computer graphics), or actual product provided by you, we will create drawings to specify the design in accordance with the regulations of the Japan Patent Office and attach them to the application documents. The fee for creating drawings may vary depending on the type of data, the complexity of the application drawings, and the number of pages.
In addition, the application documents must include the name and description of the design item. These descriptions are also important elements in determining the scope of the design right.

  • Procedural fees for "application for exceptions to loss of novelty" (only if the procedure is necessary)

If a product is sold or otherwise disclosed to the public before a design application is filed, the design will lose its "novelty" and it will be impossible to obtain a design right. However, if the exceptions to loss of novelty apply, it may be possible to obtain a design right. To do so, when filing a design registration application, you must submit a document stating that you wish to apply for exceptions to loss of novelty of the design, and a certificate certifying that you meet the requirements for application.

2. Costs incurred at the time of registration

These are the costs involved in registering and maintaining a right after an application has been submitted and the examination result indicates that the right can be registered.
Once the examination by the Japan Patent Office is complete, if there is no reason to reject the design registration, you will be notified of the decision to register. By paying the registration fee (one year's registration fee) within 30 days of receiving this decision, the design will be registered.

Fees paid to the Patent Office (patent stamp fees)

8,500 yen (XNUMX year registration fee)
Registration fees can also be paid for multiple years at once.

Fees paid to patent offices and patent attorneys (procedural fees)

This fee covers the payment procedures for the registration fee and the management of the necessary deadlines.
Some patent offices also ask for a success fee upon approval of registration.

3. Other expenses

■ Interim Procedures (Response to Notice of Refusal)

If the Patent Office determines that a design cannot be registered, it will issue a "Notice of Refusal." This notice provides an opportunity for refutation, and it is possible to obtain registration by submitting a written amendment to amend the contents of the application or by submitting a written argument to argue against the Patent Office's decision.
*If you request a patent office or patent attorney, you will be charged a procedural fee for preparing documents to be submitted to the Japan Patent Office, such as amendments and opinions.

■ Appeal against decision of refusal

If the reason for refusal is not resolved even after submitting a written amendment or a written argument in response to the notice of refusal, the Japan Patent Office will determine that the registration should not be permitted and will issue a "decision of refusal." If you are dissatisfied with the decision of refusal, you can request an appeal against the decision of refusal within three months from the date of delivery of the certified copy of the decision of refusal.

  • Fees paid to the Patent Office (stamps) 55,000JPY

*If you request a patent office or patent attorney, a procedural fee will be charged for the preparation of the documents to be submitted.

■ Request for secret design

When a design right is obtained, the Design Gazette is issued and its contents are made public. However, there are cases where you want to keep the design secret until the product goes on sale, because there is a risk that others will copy it if it is made public. In such cases, you can request the Japan Patent Office not to publish the contents of the design in the Design Gazette for up to three years from the date of design registration by paying a separate fee at the time of application or payment of the registration fee.

  • Fees paid to the Patent Office (stamps) 5,100JPY

* In the case of a "multiple design application (a system in which multiple designs are submitted together as a single application)", the fee is 5,100 yen per design.
*If you request a patent office or patent attorney, you may be required to pay a procedural fee for the preparation of the documents to be submitted.

■ Maintenance of design rights

The term of a design right is 25 years from the date of application. After registration, the right can be maintained by paying the registration fee (annual fee) every year until the expiration date. If the payment procedure is not made to the Patent Office by the specified deadline, the right will expire, so it is important to manage the deadline. Please note that the deadline management is different from that of trademark registration, which requires renewal application every 10 years.

  • Fees paid to the Patent Office (stamps)

Registration fee: 2 yen per year for the second and third years
Registration fee: 4 yen per year from the 25th to the 16,900th
Registration fees can be paid for multiple years at once.

  • Fees paid to patent offices and patent attorneys

This fee covers the registration fee (annual fee) payment procedures and the management of the deadlines required for payment.

 

We accept requests for services ranging from pre-application searches to registration of designs, as well as the maintenance and management of rights after registration. The costs involved in filing an application for design registration vary depending on the content of the request, so please feel free to contact us. Of course, cost estimates are free of charge.
If you would like a quote, please contact our patent office by phone orthe Inquiry Form"Please contact us.

"HARAKENZOmoreIn addition, we also provide support and consulting services for all kinds of intellectual property issues, including consultations on designs and countermeasures against infringement. Please feel free to contact us with any inquiries or requests.

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