KIYOHARA & CO., PATENT ATTORNEYS
Design Patent
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Design Patent

1.      What's Design Patent right?
2.      Flow Chart from Filing Application to be Granted of Design Patent
3.      Systems for the Specific Designs
4.      Examination
5.      Q&A
6.      Flow Chart of Procedure of Our Firm


1.What is Design Patent Right?

Design Patent Right is to protect the right of design. A design right holder can exclusively use the registered design for 20 years starting from the date of registration.

It is necessary to fulfill the following requirement for a design to be protected under Japan Design Law.

1. To be a distributing and tangible Goods

Ex) Non-distributing real estate and Non-tangible fountain are not accepted as goods under Japan Design Law.


2.      Configured to be a goods itself

Ex) If a handkerchief is configured to be a flower by being knotted, it is not admitted as configuration of the handkerchief itself.


3.      To arouse aesthetic impression via the sense of sight.

Ex) If it is not possible to recognize configuration of a design by the naked eye, it will be not protected under Japan Design Law (for instance, powder and grain).

In order to be registered, a design can be utilized industrially (can be mass-produced), but a natural object (such as a bonsai-plant) and a fine art object (such as a painting as a work) are not protected under Japan Design Law.

 

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