Japanese design patent application and examination process

Date:2024-08-09 Edit:可嘉 Browse:173

1. Preparation

Before filing an application for a design patent, the applicant is required to conduct a patent search to ensure the novelty and non-obviousness of the design. Prepare application materials, including details of the applicant and designer, design drawings, etc.


Time: Approximately 1-3 weeks (depending on how quickly the applicant prepares the materials).


2. Submit the application

Applicants can file an application online or in paper form with the Japan Patent and Trademark Office (JPO). An application fee is payable upon submission.


Time: Immediate submission, approval results may take 1-2 weeks to confirm.Step 


3. Review

Japanese design patent examination forms are divided into formal examination and substantive examination. It should be noted that the applicant does not need to make a real review request, but automatically enters the review.


The examiner checks whether the application documents submitted to the Japanese Patent Office meet the procedural and formal requirements. If the document does not meet the necessary requirements, it will be required to revise; In the substantive examination, the examiner will examine whether the submitted application documents meet the requirements, where the application does not meet the substantive requirements, the Japanese Patent Office will send a notice stating the reasons for rejection, and the applicant can submit written comments or amendments to the reasons for rejection.


Time: About 6-12 months.


4. Authorization phase

After passing the substantive examination, the design will be officially registered and published in the Community Design Notice. The JPO will issue a notice of patent registration.


Time: About 1-2 months.


5. Payment of fees

This includes registration fees, disclosure fees and possible extension fees. A design patent is valid for 25 years from the date of registration and is subject to an annual fee.


Timing: The timing of fee payment depends on the speed of payment by the applicant and is usually completed within 1 month of receiving the notice.


Sum up


It usually takes about 8-12 months from submission of the application to final registration, the specific time will vary from case to case. Applicants should prepare and submit all necessary materials in a timely manner and respond to any review comments within the specified time to avoid delays.


These time estimates are based on the current processing speed of the Japan Patent and Trademark Office and are subject to change. Applicants should keep abreast of the latest announcements and guidelines from the JPO to ensure a smooth process.