FAQ

Industrial Design

<Design protection in Japan>

Q1:What is a “Registrable Design” in Japan?

A1: A “Design” is any shape, pattern, or color or any combination thereof in an article which produces an aesthetic impression on the sense of sight. An “Article” is limited to a tangible object and movable property under the Design Law, and therefore real estate such as a house, or a motif per se is not registrable. A part of an article, which produces an aesthetic impression on the sense of sight, may also be registered.

Q2: Can I obtain both a trademark registration and a design registration for the same subject?

A2: Yes, if the subject satisfies the requirements for registration under both the Trademark Law and the Design Law. Because novelty is required for design registration, a design application should be filed earlier than a trademark application.

Q3: What is a “Partial Design”?

A3: A part of the article such as a grip for a ballpoint pen, picture or illustration on a T-shirt, or a lens for a camera can be registered as a partial design. However, an unspecified part of a bottle or the silhouette of a vehicle cannot be registered as a partial design.

Q4: What is the “Related Designs System”?

A4: A Related Design is a design similar to another design. If there are two or more designs that are similar to each other, they can be registered as related designs. To obtain registration as Related Designs, all the designs need to be filed on and after the filing date of the principal design and at least one day prior to the publication date of the principal design. If a design is registered as Related Design, it can be enforced independently of the other designs that are registered as related to it.

Q5:What is a “Set of Articles”?

A5: Designs for such combinations as modular kitchen systems, stationery sets and personal computer systems are registrable as a Set of Article regardless of the individual registrability of the design of each of the articles making up the set.

Q6:How do I obtain design protection?

A6: A Design is protected only after it is registered at the Patent Office. Therefore, you must file an application for a design registration at the Patent Office. Application request must identify the article, together with a depiction of the design in the drawings or the photographs. Japan has a substantive examination system for design registration. Therefore, if a design application does not satisfy the requirements for registrability (for example, lacks novelty or does not satisfy the first-to-file rule) the application will not be registered.

Q7: Is it necessary to file a Request for Examination for a design application?

A7: No. Any design application that complies with the formality requirements is examined automatically.

Q8: How long does it take to obtain a design registration?

A8: Currently, design applications are being granted 7-12 months after filing.

<Design Right>

Q1: What is the duration of the design right?

A1: The design right is valid for 20 years from the date of registration, provided that annuities are paid each year to keep the registration in force. No extension of the protection period is allowed.

Q2: What is the scope of the Design Right?

A2: The Design Right protects not only the registered design but can be expanded to similar designs that were put on the market after the registered design.

Q3: Are there any advantages in obtaining a Partial Design Registration?

A3: If a design has been registered as a partial design, a product that includes the partial design would infringe the partial design right. For example, if a lens for camera is registered as a partial design, the manufacture or sale of any camera including a lens that is identical or similar to the registered partial design will constitute infringement regardless of the shape of the rest of the camera.