Orion International Patent Office - Ikebukuro - Patent, Utility Model, Design, Trademark, PCT, Seminar Information

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- Patent, Utilitiy Model@ - Design@ - Trademark - PCT and More

Patent & Utility Model

In Japan, inventions are protected by the patent right or the utility model right when applications for such rights are granted and registered. The patent application may be filed claiming the priority date under the Paris Convention within one year from the earliest filing date in other countries than Japan. The PCT application designating Japan may enter the Japanese national phase within 30 months from the earliest priority date. The patent applications filed domestically and through the PCT system are examined on the merit when the request for examination is filed within three years from the actualy filing date in Japan or the international filing date. An first official usually is usually sent to the applicant about 1-3 years from the request date. The examination may be expedited if such a petition is granted such that the first official action may be sent in 3 or more months.
On the other hand, the utility model application is formally examined, but not on the merit. Some restriction applies when the utility model right is enforced.


Design

Design is protected under the design law in Japan. The scope of the right is defined so-called six views. The design application may claim the Paris Convention priority when it is filed within six months from the earliest filing date other countries than Japan. A first official action usually sent in one year from the filing date.

Trademark

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Trademark is basically protected under the trademark law once the tademark registration application is granted and registered. It is necessary to have an intention to use the trademark when the application is filed. However, it is not required to actually use the trademark when it is registered. Three years of non-use may cause calncellation of the registration.

PCT

Japan is one of the contracting states and the PCT application may enter the Japanese national phase. It can be the utility model application, but it is not recommended since the term is short.

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