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Designs

Q. What documents are required to apply for design rights in Japan?

A.

Article 6 of the Japan Design Law provides that to apply for design rights in Japan, the following documents must be submitted to the Japan Patent Office (JPO):
  1. An JPO application form that includes the following information:
    a. the name(s) and domicile(s) or residence address(es) of the applicant(s) for the design registration;
    b. the name(s) and domicile(s) or residence address(es) of the creator(s) of the design; and
    c. the item of the design (according to the classification of items as provided by an ordinance of the Ministry of Economy, Trade and Industry) (Design Law Article 7) (Enforcement Regulations of Design Law Article 7)
    * For more information about design classification under Japan’s Design Registration System, see http://www.wipo.int/edocs/mdocs/classifications/en/lo_wg_1/lo_wg_1_jp_proposal.pdf
  2. Drawings
    Although the JPO does not require a signed Power of Attorney (POA) form executed by the applicant(s) when a design application is submitted, that might be required for subsequent proceedings, and therefore we ask that such a POA form be provided to us when a party requests that we process a design application.
    To file a design application claiming priority of an earlier application in another country, it is also necessary to submit an original certified copy of the priority certificate (because the JPO will not accept an ordinary photocopy or other non-certified copy).
    In order for a design application to claim priority under the Paris Convention of an earlier application filed in another country, the applicant must submit to the JPO, within 3 months of the filing date of the application, a priority certificate (an original certified copy is essential, because the Japan Patent Office will not accept an ordinary photocopy or other non-certified copy), issued by the applicable foreign patent office, that specifies, among other information, the number and filing date of the earlier application (Design Law Article 15).

 


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