Is a Japanese industrial design application eligible for DAS?

Submitted by 页之码 on

yes

专利申请流程

JP Japan

  • Is Japanese Invention Patent Application Type Convertible?

    yes.

    • Within the period of 9 years and 6 months from the date of application for the invention patent, or within 3 months from the date of receipt of the notification of rejection, the patent type of the invention patent may be changed from invention to utility model/design upon request
    • A request to change the patent type from invention to utility model/design can be filed within three months from the date of the JPO’s first decision to reject the application

    A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.

  • Novelty grace period for industrial design applications in Japan

    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.

  • Is a Japanese industrial design application eligible for DAS?

    yes

  • Features of Japanese design patent application process

    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).

  • How long is the application period for industrial design in Japan?

    • via Paris Convention : 6 months from earliest priority date.
    • Hague Agreement route: 6 months from earliest priority date.

  • How long does it take for a utility model application to be granted in Japan?

    5-7 months

  • Whether the Japanese invention patent application can be DAS

    yes

  • Novelty grace period for utility model applications in Japan

    Inventors have a novelty grace period of 12 months after disclosure (including sale).

  • How long is the protection period of Japanese invention patent application

    20 years, and the validity period of patents for pharmaceutical inventions and pesticide inventions can be extended to 25 years upon application.

  • What are the requirements for Japanese invention patent application documents

    Filing Language: Japanese

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Microorganism preservation certificate and its Japanese translation
    3. Microorganism survival certificate and its Japanese translation
    4. Scanned Copy of Certified Priority Document / DAS
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer
    7. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Japanese national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism preservation certificate and its Japanese translation
    6. Microorganism survival certificate and its Japanese translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer