utility model

Subject of protection (Articles 1 and 2 of the Utility Model Law)

Ideas related to the shape, structure, or combination of articles are subject to protection; methods are not subject to protection. Invention refers to the creation of technical ideas using natural laws.

Application for utility model registration

Unlike patents, drawings are always required.

Registration fees (for the first to third years) must be paid at the same time as the application.

Non-examination principle

In the case of utility models, substantive examination is not conducted. Therefore, early acquisition of rights is possible. Applications will only be reviewed to see if they meet the formal requirements and the basic requirements listed below.

Utility model rights (Article 14 et seq. of the Utility Model Act)

Utility model rights arise through registration. The term of validity is 10 years from the filing date.

A utility model right holder can practice the registered utility model as a business and can exclude infringers.

Similar to patent rights, from the perspective of public interest, certain restrictions are imposed by policy to comply with the legal purpose of industrial development, and there are also restrictions when coordinating rights with others.

Patent application based on utility model registration (Patent Law Article 46-2)

After registering a utility model, you can file a patent application within a certain period of time. In this case, the utility model right must be waived.

Notes on exercising rights

Obligation to present a utility model technical evaluation report (Articles 29-2 and 12 of the Utility Model Act)

When issuing a warning of infringement to a suspected infringer, the utility model right holder must present the utility model technical evaluation report.

Utility model registration applications have not undergone substantive examination, so the parties must determine the validity of their rights. However, since it is not easy to judge the validity, you can request a utility model technology evaluation from the Japan Patent Office as objective material.

The scope of utility model technology evaluation is limited to a certain range.

If you would like to seek expert judgment regarding the validity of your rights, please contact our patent office.

Duty of care and responsibility of utility model right holder (Utility Model Law Article 29-3)

If the utility model registration is determined to be invalid after the right has been exercised, the right holder must compensate the other party for the damage suffered unless it is proven that due care has been exercised.

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