IP INFORMATION

Design

Flowchart (From application to establishment of right)

Procedure;

(1) Application

An applicant files with JPO an application form, drawings, etc., which are prescribed in related ordinances.
The Design Act contains a plurality of unique systems

Related Design System
Partial Design System
Design for a Set of Articles System
Dynamic Design System
Design of Screen Layout
Secret Design System
Claiming lack of novelty

(2) Formality Examination: The submitted documents are checked to see whether or not they fulfill formal requirements.

(3) Substantive Examination: Examined is whether or not substantive registration requirements (novelty, uneasiness of creativity, etc.) are satisfied.

(4) Notification of Reasons for Refusal: If an examiner found reasons for refusal, a notification of reasons for refusal is sent to the applicant.

(5) Submission of Written Argument/Amendment: The applicant can file against the notification of reasons for refusal a written argument, an amendment, etc. in order to resolve the reasons for refusal.

(6) Decision of Registration: If the examiner determines that the substantive registration requirements are satisfied, a decision to grant design registration is issued (usually, a decision is made after approximately 8 months from the filing of an application). A decision to grant design registration is issued also in a case where the reasons for refusal are dissolved by a written amendment or an amendment.

(7) Decision of Refusal: If the examiner determines that the reasons for refusal cannot be dissolved by the written argument or the amendment, and therefore, the design cannot be registered, a decision of refusal is issued.

(8) Appeal against Decision of Refusal: If the applicant has an objection to the decision of refusal, the applicant can file an appeal against examiner's decision of refusal.

(9) Appeal Decision of Registration: If it is determined in the appeal against examiner's decision of refusal that the reasons for refusal have been resolved, a collegial body of examiners makes an appeal decision to register the design.

(10) Appeal Decision of Refusal: If it is determined in the appeal against examiner's decision of refusal that the reasons for refusal have not been dissolved, the collegial body of examiners makes an appeal decision of refusal.

(11) INTELLECTUAL PROPERTY HIGH COURT: The applicant can appeal a case to the intellectual property high court if the applicant has an objection to the appeal decision of refusal made in the appeal against examiner's decision of refusal.

(12) PAYMENT OF REGISTRATION FEE: The applicant must pay a registration fee within 30 days from the date of service for a copy of the decision to grant design registration or the appeal decision to register the design.

(13) REGISTRATION OF ESTABLISHMENT: If the applicant pays the registration fee, the design is registered in the design registry, and a design right arises. The duration of a design right is 20 years from the date of registration of establishment.

(14) ISSUANCE OF REGISTRATION CERTIFICATE: After the registration of establishment, a design registration certificate is issued.

(15) PUBLICATION OF DESIGN GAZETTE: A design gazette on which the details of design rights are described is published to widely announce that the design right has been established.

Annuity fees must be paid to the Japan Patent Office (JPO) for the maintenance of the right.