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Industrial design registration in Japan

Posted on by top ipfirm5
Industrial design registration in Japan
05
Jul

Registration of industrial designs in Japan – Every company that owns an industrial design and intends to expand its business in the market in Japan should use Japan’s intellectual property system. It is paramount for companies to file an industrial design application in Japan for industrial designs, even if the launch of the respective product on the market in Japan has not yet commenced. 

Requirements for industrial design registration application in Japan

Japanese is the official language when registering an industrial design at the Japan Intellectual Property Office. 

The following information and documents need to be provided in the application for registration of an industrial design in Japan: 

  • name, address, and nationality of the applicant, business address; 
  • class number according to the Locarno Classification;
  • representation of the industrial design.
A certified copy of the Priority Document must be provided within three months of the date an industrial design application was filed in Japan in order to validate the priority right. The front page must be translated into Japanese. If a DAS code is provided, certain nations’ priority is accepted without a certified copy. In cases of unintentional delay, the priority right may be reinstated.

Power of Attorney is not required when registering an industrial design in Japan.

Examination of an industrial design application in Japan

 An industrial design registration application in Japan will only undergo the formal and substantive examination process.

Validity period and renewal of industrial designs in Japan

The renewal period for the novelty of an industrial design in Japan is 12 months before the date of filing the industrial design registration application by the designer or on behalf of the designer. 

The grant fee, which includes the first year’s annual maintenance fee, must be paid within thirty days from the date of the Notice of Allowance. A thirty-day extension of the payment deadline is available upon request. The validity period for industrial designs with a filing date after April 1, 2020, is 25 years. From the second year of the validity period forward, annual maintenance costs are required and must be paid by the end of the prior year. Within a grace period of six months, late payments are permitted; a fee is then applied. In the event of an unintentional delay, the yearly maintenance fee payment may be restored.

Represented by an industrial design registration attorney 

An international applicant for an industrial design registration in Japan should perform an industrial design search in Japan through a law firm, or an industrial design attorney. 

You can see a list of Japanese IP firms here.