Japan's design system adopts a partial design registration system, allowing the registration of partial designs for certain forms and shapes with local features. If this new partial design registration system is applied, even if a third party adopts the distinctive part after registering it, they can still be sued for infringement despite the overall difference.
1、 Required documents for Japanese design patent application:
1. Application form, which should specify the names and addresses of the designer and applicant in both Chinese and English (if the applicant is a legal entity, the name of the legal representative should also be included), submission date, invention name, and priority date (if priority is claimed);
2. Products with exterior design
3. Picture or photo (6 views)
4. If priority is claimed, priority documents should be submitted, including a certified copy of the prior application and its Japanese translation;
5. If an agent is appointed, a power of attorney should be submitted.
2、 Application process:
1. Review system: substantive review system (publicly disclosed after authorization)
2. Priority system:
1). An application claiming priority shall be filed within 6 months from the filing date of the first application in another country;
2). When applying, it is necessary to assert that priority certification could have been submitted to the Japanese government within 3 months.
3. Application time required: 12-18 months
4. Japanese design patent maintenance fee: The annual fee for the first year shall be paid before registration, and shall be paid annually starting from the second year before the registration date.
5. The term of a Japanese design patent is 15 years from the date of registration.
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