Designs

Grant Procedure

1. Design Application

A design right cannot be obtained unless it is applied for,
or you submit necessary documents to Japan Patent Office(JPO).
It usually takes about 1 month for us to prepare an application document.

2. Substantive Examination

An examination will be carried out by an examiner of the JPO,
who will decide whether or not the claimed design should be registered.

 

3. Notice of Reasons for Refusal

If the examiner finds reasons for refusal, a notification of this result
will be sent to the applicant.

4. Submission of Written Argument / Amendment

An applicant who has received the notice of reasons for refusal shall be given
an opportunity to submit either a written argument claiming that the invention
differs from the prior art to which the notice of reasons for refusal refers,
or an amendment of the claims in the case that this would nullify the reasons
for refusal, within a period of 60 days.

 

12. Decision of Refusal

If the examiner judges that the reasons for refusal have not been
eliminated, a decision of refusal will be made.

13. Appeal against Decision of Refusal

The applicant who is dissatisfied with the decision of refusal may
appeal against the decision of refusal within a period of 3 months.

14. Appeal Examination

A notification of reasons for refusal may be sent to the applicant
during the appeal examination.
Please refer to "4. Submission of Written Argument / Amendment"
for the procedure.

15. Appeal Decision

When it is judged as a result of appeal examination that the reasons
for refusal was solved, "an appeal decision to register a design" is
performed. Please refer to the steps from "5. Decision to Register
a Design" for subsequent procedure.
On the other hand, when the appeal examiners judge that the reasons
cannot be canceled and the design cannot be registered,
"an appeal decision of refusal" is performed.

16. Action for Cancellation against Appeal Decision

An applicant who is dissatisfied with an appeal decision of refusal of
an appeal against decision of refusal may appeal to the Tokyo High Court
within a period of 30 days.
An applicant who is dissatisfied with an appeal decision of refusal by
the Tokyo High Court may appeal to the Supreme Court.

5. Decision to Register a Design

If the examiner doesn't find any reason for refusal, a decision to register a design
as a result of the examination will be sent to the applicant.

6. Payment of Registration Fee

You should pay the registration fee for 1 year within the period of 30 days from the date
of receipt of the decision to register. If you fail to pay the fee within such a period,
the design right doesn't take effect.

7. Registration

The design right will come into effect as it is entered in the Design Register.
After that, the owner of a design may require the third parties who use the design
which is same as or similar to the registered design without permission to discontinue
or may claim damages.

8. Delivery of Registration Certificate

After a design is registered, a certificate of design will be sent to the applicant.

9. Publication of Design Gazette

A design gazette shall be published containing the contents of the right of design registration
in order to inform the public of its establishment.

10. Payment of Annual Maintenance Fee

Since annual maintenance fees for the 1st year should already be
paid as seen in "6. Payment of Registration Fee", annual maintenance fee for the 2nd and
subsequent years must be paid to JPO before the expiration of the year preceding
the anniversary of the day of publication of the registered design application.
If you fail to pay the annual maintenance fee, the design right will be
extinguished upon the expiration of the term which arrives after the expiration date.
For example, if you fail to pay the annual maintenance fee for the 2nd year,
the design right would take effect only for one year.
Payment can still be made, together with a 100% surcharge for late payment,
before the expiration of six months from the anniversary of the publication date.

11. Expiration of a Period

The design right will come into effect through its registration,
and expire 20 years from the filing date.

Go to Top of the Page

Fees

• Attorney Fee in the above table should be only used as a guide. Please contact us for more information.
• Extra attorney fee might be incurred in connection with the procedure other than the listed above.

Go to Top of the Page

Notes

• The above is a summary of Design Grant Procedure. Please contact us for details.
• Trial for invalidation, which is the procedure to extinguish the design right, may be requested by the third parties during the term of the design right.

Go to Top of the Page