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 Once the original patent application is converted, it will be deemed withdrawn.
1-2 years
Filing Language: Japanese Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Scanned Copy of Certified Priority Document / DAS
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
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.
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).
- 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)
10 years
25 years