RYUKA PROVIDES ESSENTIALS FOR FILING FOR DESIGN PATENT IN JAPAN

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Japanese Design Patent Essentials

Japanese Design Patent Essentials

(1) Necessary Information for Filing a Design Patent

- The article(s) to which the design is applied.
- Pictures and / or images showing the design/product from at least six (6) directions must be provided using the same scale (including a front, rear, left side, right side, top plan, and bottom plan views). Schematic pictures / images are also acceptable for submission. We suggest the picture / image file should show bi-tonal (black-and-white) images of the design. Submission of color images implies that the use of color has significance and in some cases will act to limit the scope of the design. The accepted format of the pictures / images is a JPEG file with a format less than 1181 dots x 889 dots.
- A brief 10 to 100 word description of the design to which the design is applied.
- Name and Address of the creator of design
- Name, address, nationality, and telephone number of the applicant

When claiming priority we also require:
Date and Country (Office) of filing
An application number and certified copy can be submitted at a later date.



(2) Estimated time schedule

After receiving the information in (1) and ordering us to file a design patent application, we can immediately file with the Japanese Patent Office. An application number is allocated immediately since we file electronically. Examination of the application generally occurs about one and a half years after filing.



(3) For Obtaining Broader Design Protection in Japan

The design protection extends to similar designs of a registered design. Since the scope of similarity is vague, it is advisable that a related design system and a partial design system are effective to obtain broader and stronger design protection.

1. Related Design System
Similar ornamental designs may be filed as related designs only if the same applicant files these on the same date. Variations of first-applied design cannot be filed later. Accordingly, it is advisable that variations, if any, be filed on the same date.

2. Partial Design
A portion of a product may be registered as a partial design. The partial design right covers articles that have a same or similar portion of a registered partial design, even when the products are not similar as a whole. When an article has a designed portion that is worth protecting, the partial design should be also filed.

The filing fee of a related design application or partial design application is the same as that of a normal design application.

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