Notes on Filing Design Applications in Japan
In the Japanese Design System, the scope of a registered design right is determined by the article and design. Whether the design application should be registered or not is decided in the examination conducted by the Examiner. Therefore, the applicant needs to make both the design and the article clear in the application. If both of these elements are not made clear, the Examiner will reject the application.
1. Article
When we receive requests from our clients abroad to file a Japanese application and the documents we are provided with do not have any explanation of the article, we sometime cannot understand what the article is. Even if we can imagine the purpose or the function from the title of the article or the design itself, we cannot be completely sure at times. It is sometime difficult to understand the article because of the differences in lifestyles and cultures or because the subject of the application is novel. When we file a design application, we need to include an explanation in the application documents that makes the purpose, function, and the usage of the article completely clear.
2. Design
When filing a design application in Japan, it is generally required that the applicant submit six drawings consisting of FRONT VIEW, REAR VIEW, TOP PLAN VIEW, BOTTOM VIEW, RIGHT SIDE VIEW and LEFT SIDE VIEW. If you wish to file a Japanese application claiming priority to an application in your country which does not have these six drawings, we need to prepare additional drawings to fulfill drawing requirements before we file the application. In such a case, there may be a question as to whether the design in the Japanese application is identical to that in the priority application. However, even if the application in your country does not have all of the six drawings, if all six planes are disclosed by a perspective view or the like, and if a design that is naturally derived from this view matches with the design in the Japanese application, the priority will be recognized. The procedures for claiming priority under the Paris Convention was clarified by the revision of Design Law Examination Guidelines enforced in October, 2008.
3. One application per design
In Japan, applicants must file one application for one design. If you wish to file a Japanese application based on an application comprising more than one design, you would need to file a separate application for each design. If the designs are similar to each other, you may file a related design application.
The above three points are very important in obtaining a design right in Japan. If you have any questions, please contact us any time.