Is a Japanese industrial design application eligible for DAS?

Submitted by 页之码 on

yes

专利申请流程

JP Japan

  • Whether the type of Japanese industrial design application can be converted

    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 Once the original patent application is converted, it will be deemed withdrawn.

  • Characteristics of Japanese invention patent application process

    The JPO conducts formality examination and substantive examination of invention patent applications. The applicant should submit a request for substantive examination within 3 years from the filing date. The JPO makes an granted decision if it determines after review that no grounds for refusal have been found.

  • Instructions for authorization of Japanese invention patent application and annual fee

    • 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.

  • 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.

  • 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

  • How long is the protection period of industrial design in Japan?

    25 years

  • Novelty Grace Period for Japanese Invention Patent Application

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

  • How long is the PCT deadline for utility model applications in Japan?

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 30 months from the earliest priority date.

  • What are the requirements for Japanese industrial design application documents?

    Filing Language: Japanese

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Scanned Copy of Certified Priority Document / DAS
    2. Declaration of Ownership/Certification of Employment/Assignment of priority
    3. Assignment for Patent Right Transfer

  • Is a Japanese industrial design application eligible for DAS?

    yes