Utility Model (JP)

Contents
1. What can and cannot be patented in Japan?
2. What is the procedure for filing an utility model in Japan?
3. What documents do I need to apply for an utility model in Japan?
4. How much does it cost to apply for an utility model in Japan?
5. Conclusion

1. What can and cannot be patented in Japan?

◆ Since there is no substantive examination, the registration of a utility model patent can be carried out only by passing the examination of the basic conditions, which are as follows:

(1) Objects of protection described in the Utility Model Law: the creation of technical ideas using the laws of nature.

(2) The object of protection is the shape, structure or combination of the article.

(3) The application process, written documents, and payment of fees are in accordance with the requirements and do not pose a risk of endangering public order, good morals, or public health.

(4) Singularity.
(5) Full disclosure and clear disclosure.

◆ Factors that do not make a profit:

(1) Harm public order, good morals, or public health
(2) Techniques that are not created using the laws of nature

(3) The type of invention that does not conform to the industrial exploitability and

(4) manipulation of human genetic resources

2. What is the procedure for filing an utility model in Japan?

source: Procedures for Obtaining a Utility Model Right. JPO. https://www.jpo.go.jp/e/system/utility/gayo-utility.html

3. What documents do I need to apply for an utility model in Japan?

(1) Application (if priority is claimed, the priority date must be attached).
(2) Description: The title of the invention, the description of the drawings, the detailed description of the invention and the contents of the claims (the English version of the above content can be submitted at the time of application, but the Japanese translation must be submitted within 2 months).
(3) If necessary, drawings shall be attached.
(4) Summary.

(5) If priority is claimed, a priority document shall be submitted, including a certified copy of the patent applied for earlier and a translation thereof into Japanese.
(6) If there is an authorized agent, a power of attorney shall be submitted.

4. How much does it cost to apply for an utility model in Japan?

SEE the Japanese Fee Schedule.

5. Conclusion

　Japanese patent applications require careful planning, in-depth research, and a decided strategy. By understanding the filing process and utilising professional guidance where necessary, companies can effectively protect their brand image and increase business opportunities in the dynamic Japanese market.

Each of the attorneys, agents and specialists on our law firm's team has extensive experience in filing and protecting patents, ranging from patent prosecution, infringement litigation, and litigation before the courts. We, Lewis & Davis Patent Attorneys Office, can provide the best protection for your patents and intellectual property rights.

If you would like to learn more about intellectual property protection, please contact us.