Flowchart for Design Application in Japan

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Your Firm Our Firm Japan Patent Office
Consult/Order Consultation
We will have a short review of your request and orders.
Cost
Inquiry
Cost Estimate
We will provide estimation on fees for procedures from
filing to registration.
Proposal regarding the
content of the Application
We will provide advice on what types of Design to file.
Check
the Filing Documents
Drafting Documents for
Filing an Application
We will ask you to check the content of the application
to see if it meets your requests.
Procedure to File an
Application
Acceptance of Application
If a priority is claimed, we need the original priority document within 3 months from the filing date. To file Design application we need
(1)Name and address of applicant for the design
(2)Name and address of the creator of the design.
(3)Design(Drawings)
(4)The name of article to which the design is applied.
(4)Priority Claim, if needed.
An application number will be issued.
The submitted documents are checked to see whether or not they fulfill formality
requirements.
Substantive Examination
The examiner examines whether the applied-for design
satisfies all the requirements for registration.
Examination results (Decision of registration or Notice of Reasons for Refusal) will be
notified in approximately 8 months after the filing date.
( If Reasons for Refusal is notified)
Reviewing
Response to Notice of Reasons for Refusal
Proposal regarding Response
to Notice of Reasons for Refusal
Notice of Reasons for
Refusal
We will comment on the reasons for refusal, propose on
how to respond to the notice, such as objecting by filing an argument/by filing an amendment .
When the application does not satisfy the requirements
for Design registration, Reasons for Refusal will be notified.
Response must be submitted within 3 months from the date of dispatch of Notification of Reasons for Refusal.
1 month extension of time for response can be requested .
Reviewing
Arguments
/Amendments
Arguments
/Amendments
We will provide necessary explanation regarding the
content of the response.
Filing the Response Acceptance of the
Submission
/Substantive Examination
The examiner will conduct another substantive examination
to consider whether the response is sufficient to overcome the reasons for
refusal or not.
Reviewing
Decision of Final
Refusal
Proposal regarding Response
to Decision of Final Refusal
Decision of Final Refusal
We will comment on the Final Refusal, propose on how to
respond to the notice, such as filing an Appeal against the examiner’s decision.
In the case the application was decided to be refused,
the applicant may file an Appeal against the examiner’s decision.
Reviewing
Documents for Appeal against Decision of Refusal
Filing Appeal against
Decision of Refusal
Appeal Decision of Refusal
If the applicant has an objection to the decision of
refusal, the applicant can file an Appeal against examiner’s decision of refusal.
In the case the Appeal Decision of Refusal is maintained,
the applicant may file an Appeal against JPO with the intellectual Property High Court.
Reporting Decision for
Registration
Decision for Registration
We will inform you when we receive Decision of
Registration from JPO.
If the application satisfies the requirements for Design
registration, Decision of Registration will be issued.
(usually, a decision is made after approximately 8 months from the filing of an application)
Instruct
to pay the registration fee
Paying the registration fee
The application will be dismissed if the registration fee
is not paid within 30 days After the Decisions transmitted.
Reporting Design
Registration
Registration/
Issuance of Registration Certificate
The design rights are effective for 20 years from the date of registration of establishment. Certificate of Design Registration is issued with the
Registration Number and Date of Registration after 2 to 3 weeks from the payment of registration fee.
Issuance of Design Gazette
Any person may file an opposition against the Design
registration within 2 months from the date on which the Registration is published in Design Gazette.
Annuity Application for annuity
Registrant shall pay
annuity fees for each year to the expiration of the duration.
We will notify you when the payment time for the annuity
is approaching.

 

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