Japan has a well-developed design protection system. Korean businesses and designers should consider the requirements for filing with the Japan Patent Office (JPO).
However, if the application is carried out without fully understanding the system and working requirements, it may lead to correction orders or reasons for refusal.
In this article, we will summarize your frequently asked questions in the form of Q&A and show you the key points that you should check when applying for a Japanese design.
How should the applicant's name be written?
The applicant can be an individual or a legal entity as the subject of obtaining the design right.
The name of the applicant must be written in Japanese on the documents submitted to the Japan Patent Office, which is the official information that is reflected in the register.
The applicant's name must be rendered consistently in Japanese. Depending on the name, this may involve katakana transliteration or appropriate Chinese characters. Confirm the correct legal identity and maintain consistent spelling.
How do I enter an applicant address?
The applicant's address must also be written in Japanese and organized in a format that can be understood by the Japanese patent office.
In particular, for overseas addresses, it is important to restructure not only the translation but also the way the Japanese administrative documents are used.
The basic principle is to specify the name of the country in front of the address, and to convert the name of the administrative area into Japanese notation.
How do I set up a protection strategy?
The Japanese design system is characterized by the ability to use a variety of protection strategies.
- Related Designs
Additional registrations for variations similar to the basic design can be combined into a single right system to follow-up models. - Part Design System
You can selectively protect only the core parts, not the entire product, so you can set the scope of your rights more precisely. - Set Design
Multiple products that are used together can be filed in one set to protect them efficiently.
With the proper use of these schemes, you can secure a much more three-dimensional right than a single design application.
How should I prepare my drawings?
The drawing is a key factor in determining the protection of the design, which is particularly important in Japanese applications.
Drawings must disclose the design clearly and consistently. A conventional three-dimensional article may be shown in front, rear, left, right, top, and bottom views, with omissions or additional views considered under the applicable rules.
You also need to follow up on the following.
- Exclude background, shadows, and unnecessary color expressions
- Distinguish the claimed portion from unclaimed portions, for example with solid and broken lines where appropriate.
- Add perspective, enlarged, or sectional views where needed.
In practice, CAD files and product photos often make it difficult to meet the requirements, requiring a separate formal drawing.
Failure to meet the drawing requirements can lead to correction or rejection, so accurate preparation in the early stages is critical.
In a Japanese design application, the precise description of the applicant's information, the strategy of protection, and the precision of the drawings are key elements.
A thorough review of these matters in advance can reduce unnecessary procedures and lead to stable rights.
If you are planning to enter the Japanese market, we recommend that you also take a strategic approach from the very beginning.
This article reflects the information available when it was published. Contact us to discuss your circumstances.