IP NEWS:SOEI Patent & Law Firm

The Japanese Patent Office (JPO) and the Ministry of Economy, Trade and Industry (METI) of which the JPO is a part are currently considering revisions to the Design Law. The main revisions under consideration are described below.

(1) Establishing a non-examination registration system

The JPO is considering establishing a second registration system that will operate along side the present system. This simplified registration system will permit registration without a substantive examination. Applicants will be able to choose which type of registration they wish to obtain.

(2) Image design

The JPO is considering the registration of designs for images displayed on an electronic display screen of an information device, such as operating screens on DVD players. Under the current system, registration of this type of image is only allowed within an extremely limited range, but the JPO is now considering the expansion of the range.

(3) Improvements to the related design system

The related design system resembles the associated design systems used in other countries. Currently a person filing several applications for related designs must file all the applications on the same day. However, the JPO is considering easing up on this time restriction and allowing applications for related designs even after the basic application has been filed.

(4) Others

The JPO is considering revisions in many other areas such as simplifying the procedure for accepting Exception to Loss of Novelty and adding the act of exporting to the definition of “working” of a design.

METI’s Design Law Review Committee is evaluating these Design Law revisions, and their final report is scheduled for release in January 2006. If the revisions are approved, it is expected that they will be implemented next year.