yes. Within 3 years from the date of application, or within 3 months from the date of receipt of the rejection decision, the patent type can be changed from design to invention/utility model at the request of the applicant.
A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.
The design does not lose its novelty if it is disclosed by the designer in Japan within 12 months from the filing date/priority date.
The JPO conducts formality examination only for utility model patent applications.
- Grant fee: The applicant needs to pay the granted fee within 30 days after receiving the granted notice, which is the annual fee for the first to third years.
- Annuity: From the 4th year from the date of granted, the annual fee will be paid year by year, and the payment can be postponed within 6 months after the overdue period, but at the same time, 200% of the annual fee of the current year must be paid as a penalty. The amount of the annual fee depends on the number of Claim, and the annual fee can be paid for several years in one lump sum.
Japan Patent Office
English: Japan Patent Office, abbreviation: JPO
Website: Japan Patent Office (jpo.go.jp)
Japanese Utility Model Patent Search: Japan Platform for Patent Information｜J-PlatPat [JPP] (inpit.go.jp)
Reinstatement of priority on grounds of "due care" accepted.
Inventors have a novelty grace period of 12 months after disclosure (including sale).
yes
The JPO conducts formality examination and substantive examination of the design patent application, and the substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. JPO mainly examines the novelty and inventiveness of designs.
- (*Secret design: applicants can request that their design remain secret for 3 years from the filing date).
Inventors have a novelty grace period of 12 months after disclosure (including sale).
yes.
- Within 3 years from the filing date, the patent type can be changed from utility model to invention upon request of the applicant
- Utility model patents can be converted to design patents at any time
A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.