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).
1-2 years
3-6 months
- Grant fee: The applicant should pay the granted fee and the annual fee for the first year within 30 days after receiving the granted notice.
- Annuity: The annual fee shall be paid year by year from the second year from the date of granted, and the payment of the annual fee may be postponed within 6 months if the annual fee is overdue, but a 200% penalty shall be paid at the same time.
Inventors have a novelty grace period of 12 months after disclosure (including sale).
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.
- Grant fee: The applicant shall pay the granted fee within 30 days after receiving the granted notice.
- Annuity: The annual fee for the first to third years must be paid together with the application fee when the patent application is filed, and the annual fee will be paid year by year from the fourth year, and the payment period corresponds to the granted date. 200% of the year's annual fee paid within the month is a late fee.
- Inventions under the via Paris Convention : 12 months from the earliest priority date.
- via Nationalization of PCT inventions: 30 months from the earliest priority date.
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 Once the original patent application is converted, it will be deemed withdrawn.