A "design" refers to the appearance (shape, pattern, color, etc.) of a product, packaging, etc., that evokes a sense of beauty through the eyes. When a design is registered, a design right is created that allows the design to be exclusively used, and protection can be enjoyed for up to 25 years from the date of application. To obtain a design, documents must first be submitted (application) to the Japan Patent Office in accordance with the prescribed format, and the application must be examined to determine whether it meets the necessary requirements.
table of contents
Main steps from application preparation to registration
1. Consideration of application format, etc.
We will check the design to be applied for, whether it is an article, building, or image, as well as the current status of implementation and future developments, and then consider the application format and utilization of the system.
2. Preparation of drawings and photographs
Prepare drawings etc. (in some cases, photographs, samples or templates may be submitted instead of drawings) in accordance with the Japan Patent Office's "Guidelines for Writing Application Forms and Drawings, etc. for Design Registration Applications."
3. Application (submission to the Patent Office)
You can also complete the application process online.
4. Response to the Examination
If the Patent Office issues a notice of refusal stating that the applied design cannot be registered, you will need to submit a written argument and amendment depending on the content of the notice.
5. Registration
After receiving a registration assessment and paying the registration fee, the design is registered and a design right is established.
Systems that can be used when applying
Protection of distinctive parts (partial design)
A design can also be registered for a "part" of an article, etc. When filing an application for a "part," there are specific ways of describing the application and drawings, etc., which are specific to partial designs, so please feel free to consult us.
Protection of variations (related designs)
There is a related design system that protects variations of designs created from the same concept as having equal value. Subsequent designs filed within 10 years from the filing date of the basic design (the core design selected initially) can be registered as related designs if they meet the requirements.
Exception to loss of novelty
In principle, if a design is first disclosed on a company website or at an exhibition, it will not be registered. However, if certain requirements are met, it may be possible to apply for relief under the exception to loss of novelty. A design registration application must be filed within one year from the date of disclosure, so we recommend that you consult us early.
Adjustment of disclosure time (secret design)
When filing a design registration application or paying the registration fee, you can request that the details of the design not be made public for up to three years from the date of registration. For example, you can keep the appearance of the design secret until the product incorporating the design goes on sale.
Faster patent approval (accelerated examination)
In the case of applications by startups, if the requirements are met, they may be eligible for accelerated review (a "Explanation of Circumstances Concerning Accelerated Review" must be submitted).
Regarding drawings to be submitted
Both will be prepared based on the guidelines of the Japan Patent Office.
- Necessary drawings such as six-view drawings and perspective views
- Reference diagrams for explaining the item and showing transparent parts
- Submission of photographs, models or samples in lieu of drawings