Japanese Patent Law on Pattern Designs

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Release time:2016-08-04

(Law No. 155 of April 13, 1959)

Chapter I General Provisions

(Purpose)

On April 1, 1960 (Law 126 of 1959), laws No. 1940 and No. 161 of 1962 were amended. Law No. 1948 of 1964; Law No. 91 of 1970; Law No. 96 of 1971; Law No. 46 of 1975; Law No. 27 and 30 of 1978; Law No. 45 of 1981.

Article 1 The purpose of this Law is to encourage the creation of pattern designs through the protection and utilization of pattern designs, so as to facilitate the development of industry.

(Definition)

Article II

(1) For the purposes of this Law, the term "pattern design" means the shape, pattern or color of an article or a combination thereof that is capable of inducing aesthetic perception through vision.

(2) For the purposes of this Law, the term "pattern design patent registration" means a registered pattern design patent.

(3) The term "implementation" of a pattern design in this Law refers to the manufacture, use, transfer or lease of articles belonging to the pattern design and the act of exhibiting or importing them for transfer or lease.

CHAPTER II REGISTRATION OF PATTERN DESIGN AND APPLICATION THEREOF

(Elements of pattern design registration)

Article III

(1) Create a pattern designer that can be used in industry. In addition to the following pattern designs, the pattern design can be registered for pattern design patents:

1. a pattern design that is already known in Japan or abroad before applying for the registration of a pattern design patent;

2. designs that have been published in publications published in Japan or abroad before applying for the registration of a design patent;

3. a pattern design similar to the pattern designs listed in the previous two items.

(2) Before applying for the registration of a pattern design patent, as long as a person with general knowledge in this field can easily make such a pattern design according to the familiar shapes, patterns or colors in Japan or based on the process design combining them, the pattern design (except those listed in the preceding paragraph) cannot be registered for a pattern design patent despite the provisions of the preceding paragraph.

(Exception to loss of pattern design novelty)

Article 4

(1) In violation of the wishes of the person who has the right to register a pattern design patent, with regard to a pattern design that meets the first or second item of the first paragraph of the preceding article, within six months from the date of compliance, the person filed a pattern design patent When applying for registration, the pattern design shall be deemed to conform to the pattern design specified in the first or second item of this paragraph.

(2) Due to the behavior of the person who has the right to register a pattern design patent, regarding the pattern design that meets the first or second items of the first paragraph of the preceding article, within six months from the date of its compliance, the person filed a pattern design When applying for the registration of a patent, it shall be treated in the same way as the preceding paragraph.

(3) The person who intends to apply the provisions of the preceding paragraph for the design of the pattern design patent registration application shall submit the written materials recording its intention and the pattern design patent registration application to the Chief Patent Office, and must submit the pattern design written materials certifying the pattern design patent registration application to the Chief Patent Office within 14 days from the date of the pattern design patent registration application.

(Pattern design that cannot be registered for pattern patent)

Article 5 The following pattern designs, despite the provisions of Article 3, cannot be registered for pattern design patents:

1. designs that may disrupt public order or corrupt good practices;

2. designs that may be confused with other people's business items.

(Application for registration of pattern design patent)

ARTICLE VI

(1) Those who wish to obtain the registration of a pattern design patent must fill in an application with the following items, attach the pattern design drawings of the pattern design patent registration application, and submit it to the Chief Patent Office: the name or name and address or residence of the person, or the name of the representative if it is a legal person:

Application for patent registration of 1. pattern design;

the date of the 2.'s application;

The name and address or residence of the creator of the 3. design;

4. items about pattern design.

(2) When the Ministry of Commerce, Industry and Commerce provides otherwise, photos, prototypes or samples that can show the design may be submitted in lieu of the design drawings applied for registration in the preceding paragraph. In this case, the difference between the photo, prototype or sample must be indicated on the application.

(3) When the pattern design to be applied for registration is similar to the pattern design already registered or the pattern design being applied for, the number of the pattern design already registered or the pattern design application being applied for registration must be indicated on the application.

(4) If a person with general knowledge in the field to which the pattern design belongs cannot understand the material or size of the pattern design only by the records of the pattern design article in Item 4 of the first paragraph or the drawings, photos or prototype attached to the application, so that the pattern design cannot be identified, the material or size of the pattern design article must be indicated on the application.

(5) When the shape, pattern or color of a pattern design article changes based on the function of the article, when applying for the registration of a pattern design patent for the shape, pattern or color before and after the change process or the process design combining them, the application must indicate the situation and explain the function of the article.

(6) When drawings, photographs or prototypes submitted in accordance with the provisions of paragraph 1 or 2 are painted in the color of the design, any color, white or black, may be exempted from painting.

(7) When color is exempted from painting in accordance with the provisions of the preceding paragraph, it must be indicated on the application.

(8) If the design of a pattern recorded on the pattern paper submitted in accordance with the provisions of paragraph 1 or the design of a pattern is shown on the photograph or prototype submitted in accordance with the provisions of paragraph 2, if the whole or part of the design is transparent, it must be indicated in the application.

(one pattern design application once)

Article 7 An application for the registration of a pattern design patent shall be filed once for each pattern design in accordance with the classification of articles as stipulated in the decree of the Ministry of Commerce, Industry and Commerce.

(Pattern design of complete set of items)

Article 8 (1) When two or more kinds of articles are customarily sold in complete sets and users, all of them constitute complete sets of articles (hereinafter referred to as "complete sets of articles") stipulated in the industrial trade and provincial order, and their pattern design becomes a unified whole, they can apply for patent registration as a pattern design.

(2) Under the circumstances specified in the preceding paragraph, the pattern design constituting the complete set of articles may only be registered if the pattern design patent is allowed to be registered in accordance with the provisions of Article 3, Article 5 and the first or second paragraph of the following Article. Design patent registration.

(priority)

Article 9 (1) If two or more identical or similar pattern designs file an application for the registration of a pattern design patent on different dates, only the person who applied first can register the pattern design patent.

(2) When there are more than two identical or similar pattern designs in the application for pattern design patent registration filed within the same day, only one pattern design applicant determined by the applicant through consultation can obtain patent registration. If no agreement is reached, or negotiation cannot be carried out, neither party can carry out the patent registration of the pattern design.

(3) When the application for the registration of a pattern design patent is revoked or declared invalid, the application for the registration of a pattern design patent shall not apply to the provisions of the preceding two paragraphs and shall be regarded as the first application for patent registration.

(4) The applicant for the registration of a pattern design patent is neither the creator of the pattern design nor the heir to the right to register the pattern design patent. The provisions of the first or second paragraph cannot be applied to the person's pattern design patent registration application.

(5) In carrying out paragraph 2, the Commissioner of Patents must specify an equivalent period of time for ordering the applicant for registration of a patent for the graphic design to carry out the consultations provided for in that paragraph and apply for the results thereof.

(6) If the Chief Patent Officer fails to make a declaration in accordance with the provisions of the preceding paragraph within the period of time specified in accordance with the provisions of that paragraph, the negotiation of paragraph 2 may be deemed not to have been established.

(similar pattern design)

Article X

(1) A person who enjoys a patent right for a pattern design can obtain a patent registration for a pattern design similar to a pattern design only for a pattern design similar to his own patent registration (hereinafter referred to as "similar pattern design").

(2) According to the provisions of the preceding paragraph, if only the pattern design similar to the registration of the pattern design patent obtained, the similar pattern design specified in this paragraph shall not apply.

(Segmentation of Application for Registration of Patent for Pattern Design)

Article 10 bis

(1) The applicant for the registration of a pattern design patent may include more than two pattern designs as part of the pattern design patent registration application or as one or more new pattern design patent registration applications.

(2) According to the provisions of the preceding paragraph, the division of the application for the registration of a pattern design patent shall not be determined after the evaluation or examination of the determination of the application for the registration of a pattern design patent.

(3) According to the first paragraph, when there is an application for the registration of a split pattern design patent, the new application for the registration of a pattern design patent shall be regarded as the application for the registration of the original pattern design patent. However, the provisions of Article 4, paragraph 3, and Article 15, paragraph 1, and Article 43, paragraphs 1 and 2, of the Patent Law (Law No. 121 of 1959) shall apply.

Article 11

(1) The applicant for the registration of a pattern design patent, in accordance with the provisions of the first paragraph of Article 8, when dividing the application for the registration of a pattern design patent, the pattern design that makes up the complete set of articles may be used as an application for the registration of a pattern design patent.

(2) According to the provisions of the preceding paragraph, in case of registration of a split pattern design patent, according to the provisions of the first paragraph of Article 8, the application for registration of a pattern design patent shall be regarded as a revoked application for registration of a pattern design patent.

(3) The provisions of the second and third paragraphs of the preceding article shall apply to the occasion of the application for the registration of a design patent in accordance with the provisions of the first paragraph.

(Change Application)

Article 12

(1) The applicant for pattern design patent registration may change the application for similar pattern design patent registration to an independent application for pattern design patent registration (the application for pattern design patent registration other than the application for pattern design patent registration similar to pattern design shall be the same below).

(2) The applicant for pattern design patent registration may change the independent pattern design patent registration application to a pattern design patent registration application similar to the pattern design.

(3) According to the provisions of the preceding two paragraphs, the change of the application for the registration of the patent for pattern design shall not be made after the evaluation or examination of the application for the registration of the patent for pattern design.

(4) The provisions of the third paragraph of Article 10 bis and the second paragraph of the preceding Article shall apply to the occasion of changing the application for registration of a design patent in accordance with the provisions of the first or second paragraph.

Article 13

(1) The patent applicant may change his patent application to an application for registration of a patent for pattern design. However, the patent application shall not be subject to this limitation after thirty days from the date of service of the copy of the original examination decision with rejection.

(2) The applicant for the registration of a new practical design patent may change the application for the registration of a new practical design patent into an application for the registration of a pattern design patent. However, the registration of the utility new design patent shall not be limited until thirty days have elapsed from the date of service of the copy of the original examination decision with the contents of the rejection.

(3) The time limit specified in the proviso of the first paragraph, in accordance with the provisions of the first paragraph of Article 4 of the Patent Law, when the time limit specified in the first paragraph of Article 11 of the Patent Law is extended, as long as the time limit is extended, the time limit shall be deemed to be extended.

(4) The time limit specified in the proviso of paragraph 2 shall be deemed to be extended when the time limit specified in paragraph 1 of Article 35 of the New Practical Design Law is extended in accordance with the provisions of paragraph 1 of Article 5 of the Patent Law applicable to Article 551 of the New Practical Design Law (Law No. 123 of 1959).

(5) The provisions of Article 10 bis, paragraph 3, and Article 11, paragraph 2, apply in the case of a change request under paragraph 1 or 2.

(Based on the Patent Cooperation Treaty, special cases related to application for change of international application)

Article 13 bis

(1) According to the provisions of the first paragraph of Article 184ter or the fourth paragraph of Article 184ter of the Patent Law, when there is a change in the application for the registration of a pattern design patent for an international application regarded as a patent application, in the case of a Japanese patent application in the first paragraph of Article 184ter of the Law, or in the case of a foreign language patent application in the first paragraph of Article 184ter of the Law, if the formalities are not handled in accordance with the provisions of this paragraph and the first paragraph of article 124 quinquies of the law, and after the handling fee payable is paid in accordance with the first paragraph of article 155 of the law (according to the fourth paragraph of article 124 quinquies of the law, an international application deemed as a patent application is stipulated after the decision of this paragraph), the formalities cannot be handled.

(2) According to the provisions of the first paragraph of Article 48 ter or the fourth paragraph of Article 48 fourteen of the New Practical Design Law, when there is a change in the application for registration of an international application pattern design patent deemed as an application for registration of a new practical design patent in Japanese under the first paragraph of Article 48 fifties of the Law, or in case of an application for registration of a foreign language utility new design patent under this paragraph and the first paragraph of Article 48 quater of the Law, if the formalities are not handled in accordance with the provisions of this paragraph and the first paragraph of Article 54 of the Law, and after the handling fee payable is paid in accordance with the first paragraph of Article 54 of the Law (it shall be regarded as an international application for registration of a utility new design patent according to the provisions of the fourth paragraph of Article 48 quater of the Law, after the decision of the paragraph), the formalities cannot be processed.

(Confidentiality of pattern design)

Article 14

(1) An applicant for the registration of a pattern design patent may request that his pattern design be kept secret within a period of three years from the date of registration of the patent for the establishment of his pattern design patent.

(2) A person who makes a request under the preceding paragraph must, at the same time as applying for the registration of a patent for a pattern design, report in writing to the Chief Patent Office the following matters:

The name and address or domicile of the applicant for registration of a patent for 1. design;

2. deadline for requesting secrecy.

(3) An applicant for registration of a patent for a pattern design or a person who has a patent right for a pattern design may request the extension or shortening of the period of confidentiality requested in accordance with the provisions of paragraph 1.

(4) In any of the following circumstances, the Commissioner of the Patent Office must disclose the design of which confidentiality is requested in accordance with the provisions of the first paragraph to persons other than those who have the patent right for the design:

1. the consent of the patentee of the design;

When the 2. examines the design or a design identical or similar to it, or when it is requested by the litigant or participant;

When requested by the 3. Court;

When the 4. interested party submits a request to the Chief Patent Office for recording the name and registration number of the person who enjoys the patent right for the design and other documents stipulated in the order of the Ministry of Commerce, Industry and Commerce.

(Application of Patent Law)

Article XV

(1) The provisions of Article 37 (joint application), Article 40 (supplement and change of main contents of detailed documents, etc.) and Article 43 (procedures for claiming priority) of the Patent Law shall apply to patent applications for pattern design.

(2) The provisions of Article 33 and Article 34, paragraphs 1 and 2, and paragraphs 4 to 7 (the right to handle patents) of the Patent Law shall apply to the right to register a design patent.

(3) The provisions of Article 35 (Service Invention) of the Patent Law shall apply to designs created by employees, persons in charge of legal persons, state civil servants or local civil servants.

 

Chapter III Examination

(Review by the Examiner)

Article 16. The Chief Patent Officer must have the examining officer examine the application for registration of a design patent.

(Rejected Approval)

Article 17 When an application for the registration of a pattern design patent meets one of the following items, the examination officer for the application for the registration of a pattern design patent shall refuse to examine and approve the application:

1. the application for registration of the pattern design patent shall not be registered in accordance with Article 3, Article 5, Article 8, paragraph 2, Article 9, paragraph 1 or 2, Article 10, paragraph 1, Article 15, paragraph 1, Article 37 of the Patent Law or Article 25 of the Patent Law in Article 68, paragraph 3.

2. the pattern design of the pattern design patent registration application, according to the provisions of the treaty, shall not apply for pattern design patent registration.

3. the application for registration of the design patent is not deemed to meet the requirements set forth in Article 7.

4. the applicant for the registration of the pattern design patent is neither the creator of the pattern design nor the heir to the right to register the pattern design patent.

(Examination and Approval of Pattern Design Patent Registration)

Article 18 If the examination officer finds no reason for rejection of the application for the registration of a pattern design patent, he shall examine and approve the registration of the pattern design patent.

(Application of Patent Law)

Article 19 The provisions of Article 47, paragraph 2 (qualification of examination officer), Article 48 (exclusion of examination officer), Article 50 (notice of reasons for refusal), Article 53 (supplementary rejection), Article 63 (method of examination and approval) and Article 65 (relationship with litigation) of the Patent Law shall apply to the examination of an application for registration of a patent for design.

 

Chapter IV Patent Right for Pattern Design

Section 1 Patent Right for Pattern Design

(Establishment of registration of patent right for pattern design)

Article 20

(1) The design patent right is established by registration.

(2) According to the first paragraph of Article 42, when the registration fee for the first year has been paid, the patent right for pattern design shall be registered.

(3) After the registration of the preceding paragraph is implemented, the following items must be published in the pattern design patent bulletin:

The name and address or domicile of the 1. holder of the patent right for the design;

The number and date of the application for registration of a patent for 2. pattern design;

3. registration number and date of establishment registration;

4. the contents of the application and the accompanying drawings, photographs, prototypes or samples.

(4) The design patents listed in item 4 of the preceding paragraph, which are requested to be confidential under the provisions of Article 14, paragraph 1, shall be published immediately after the time limit specified in accordance with the provisions of Article 14, paragraph 1, is not subject to the provisions of paragraph 4.

(Validity Period)

Article 21 The term of validity of the patent right for design shall be 15 years from the date of establishment and registration.

(Pattern Design Patent for Similar Pattern Design)

Article 22 The patent right for a pattern design of a similar pattern design shall be integrated with the patent right for the pattern design of a similar pattern design (hereinafter referred to as "official pattern design") that first obtained the registration of a pattern design patent (except for the registration of a pattern design patent of a similar pattern design).

(Effect of patent right for pattern design)

Article 23 A person who enjoys the patent right for a pattern design shall, on his own, enjoy the right to practice registered pattern designs and similar pattern designs. However, when the special enforcement right of the pattern design patent right is separately formulated, the scope of the right to implement the registered pattern design and its similar pattern design is exclusive to the person who enjoys the special enforcement right. (Scope of Registered Pattern Design)

Article 24 The scope of a registered design shall be determined in accordance with the description of the application, the description on the attached paper of the application, or the picture, prototype or sample attached to the application.

(Require the Patent Office to determine the scope of the registered pattern design)

Article 25

(1) With regard to the scope of registered pattern designs and similar pattern designs, the Patent Office may be requested to make a determination.

(2) The Commissioner of the Patent Office shall, when requested to do so under the preceding paragraph, appoint three examiners to make the determination.

(3) Except as provided in the preceding paragraph, the procedure for adjudication shall be prescribed by decree.

(relationship with others registered pattern design)

Article 26

(1) For those who have the patent right of pattern design, the exclusive right of implementation or the ordinary right of implementation, the pattern design of their patent registration is to use the patent registration pattern design or similar pattern design, patent invention or registered patent applied for by others before the date of application for the patent registration of pattern design; or the pattern design part related to patent registration in their patent right of pattern design, if it conflicts with the patent right, practical new design right or trademark right applied by others before the date of application for registration of the pattern design patent, or with the copyright of others generated before the date of application for registration of the pattern design patent, the pattern design of its patent registration shall not be implemented as a business.

(2) Those who have the patent right of pattern design, the exclusive right of implementation or the ordinary right of implementation, the pattern design similar to the patent registration pattern design, patent invention or practical new design of patent registration applied by others before the date of application for the patent registration of pattern design, or the pattern design part similar to the patent registration pattern design in their pattern design right, it is the pattern design patent right applied for before the date of application for the registration of its pattern design patent.