Is there a utility model patent in Japan? Is substantive examination required?

Some. There are three types of patents in Japan: invention patents, utility model patents, and design patents.

Among them, the Japanese utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or improvement of its combined technical features of the product. There is no substantive examination for utility model patents.

Duration of protection for a utility model patent in Japan: 10 years from the filing date.

1.Overall overview

There are three types of patents in Japan: invention patents, utility model patents and design patents, and the following table is detailed in the following table for details of the patent examination form, examination period, protection period and information required for application

List of information on patent applications filed in Japan.

2.Invention patents

1) Protect the content.

The content of the Japanese invention patent application is a new technical solution proposed for the improvement of the technical structure, method, process flow or process parameters of the product. Patents such as pesticides and pharmaceuticals can be extended for a period of time (up to 5 years) that cannot be exploited based on the application of the patentee.

2) Application process.

A Japanese invention patent application mainly consists of the following processes: filing an application (if priority is claimed, you can submit the application documents in English first, and then submit a Japanese translation within 2 months) Disclosure (18 months from the filing date) Substantive examination Authorization (the applicant shall register and pay the annual fee of the current year within 1 month after receiving the notice of authorization).

3.Utility model patents

1) Protect the content.

The content of a Japanese utility model patent application is a new technical solution suitable for practical use based on the shape or structure of the product or the improvement of its combined technical features.

2) Application process.

A utility model patent application in Japan mainly consists of the following processes: application stage (the utility model patent application must be filed in Japanese and a Japanese translation is provided) Examination stage (no substantive examination is required) Grant stage Announcement stage.

4.Appearance patents

1) Protect the content.

The content of a Japanese design patent application refers to a new design that is aesthetically pleasing and suitable for industrial application in relation to the shape, pattern, or combination thereof, and the combination of color and shape or pattern of a product.

2) Application process.

A design patent application in Japan consists of the following procedures: application stage, examination stage, and grant stage (design rights that have been registered and come into force will be announced in the Design Gazette).

If you have any questions about foreign patent applications, please feel free to consult and reply within 12 hours.

Japanese patents include patents for inventions, utility models, and designs. Invention patents and appearance require substantive examination, while new patents only need to be formally examined.

The validity period (protection period) of a Japanese invention patent is 20 years from the filing date, and it can be extended to 25 years for pharmaceutical patents. 10 years from the filing date for utility models; A design is 25 years from the filing date (the term of design protection was extended by the newly amended Patent Law on January 1, 2020).

After the patent is granted, the applicant is required to pay an annual fee to the Japan Patent Office (JPO) every year.

There are three types of patents in Japan: invention (called license), utility model, and design.

1.Invention patent refers to the technical scheme of the new method proposed for the improvement of the technical structure, method, process flow or process parameters of the product. The validity period of an invention patent is 20 years from the filing date, and the validity period of a patent for the invention of pharmaceuticals and pesticides can be extended, but not more than 5 years.

2.Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or improvement of its combined technical features of a product. Utility model patents are not subject to substantive examination, and can be granted 6 months after the filing date, and are valid for 10 years from the filing date.

3.A design patent refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination thereof, as well as the combination of color and shape and pattern. A design patent is valid for 15 years from the date of registration. Applications are accepted only in Japanese.

Legal analysis: Utility model patents will not be subject to substantive examination, and utility model and design patent applications are subject to the formal examination Zheng Zao system, also known as the registration system.

Legal basis: Patent Law of the People's Republic of China Article 40 If the application for a patent for utility model or design is not found to be rejected after a preliminary examination, the patent administration department shall make a decision to grant the patent for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall come into force on the date of publication.

Legal analysis: Utility model patents will not be subject to substantive examination, and utility model and design patent applications are subject to a formal examination system, also known as a registration system.

Legal basis: Article 40 of the Patent Law of the People's Republic of China If no reason for rejection is found in the preliminary examination of the application for a patent for utility model or design, the patent administration department shall make a decision to grant the patent for utility model or the patent for a design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect from the date of publication.

If no reason for rejection is found in the preliminary examination of the patent application for utility model or design, the patent administration department shall make a decision to grant the patent right for utility model or design patent, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication. It can be seen from this that the examination procedures for utility model patents in China are acceptance, preliminary examination, authorization, registration and announcement.

China's utility model patent examination system is to adopt the preliminary examination and registration system, after accepting the application for a utility model patent, the patent administrative department only conducts a formal examination to see whether there is a lack of necessary documents to determine the law and whether the writing of the file format is correct and standardized, and if no reason for rejection is found, the patent right is granted and the registration is announced. What is a utility patentUtility model Kuansong patent, also known as small invention or small patent, is the object of patent right, is the object of patent law protection, and refers to the utility model that should be granted a patent right in accordance with the law. A utility model usually refers to a new technical solution for the shape, structure or combination thereof of a product that is suitable for practical use.

What to examine in the substantive examinationThe patent office conducts a substantive examination of the patent application after receiving the request for substantive examination submitted by the applicant, as well as the prior art reference materials and the substantive examination fee, and usually searches the prior art related to the subject matter of the invention and examines the following issues:

1. Whether the invention for which the patent is applied is an invention within the meaning of the Patent Law.

2. Whether the invention for which the patent is applied violates national laws, social morality and public interests;

3. Whether the invention for which the patent is applied belongs to the field for which the patent right is not granted;

4. Whether the invention for which the patent is applied is novel, inventive and practical;

5. Whether it complies with the requirement that only one patent can be granted for the same invention-creation;

6. In accordance with the provisions of Article 9 of the Patent Law, whether it belongs to the first applicant;

7. Whether the description clearly and completely describes the content of the invention and whether the writing of the description complies with the regulations;

8. Whether the claims are based on the description, indicating the scope of the claimed protection and whether the way the claims are written in accordance with the regulations;

9. Whether the patent application meets the requirements of unity;

10. Whether the applicant's modification or division of the application documents clearly exceeds the scope of the original description and claims; If the Patent Office finds that it does not comply with the provisions of the above-mentioned Patent Law after substantive examination, it will notify the applicant in writing and request it to make amendments or state its opinions within the specified time limit. If the applicant still considers that the above provisions are not met after the applicant has made corrections or stated his opinions, the patent office will reject the application and notify the applicant, and if the applicant is not satisfied with the rejection, he may apply to the Patent Reexamination Board for reexamination.

Utility model patents are not subject to substantive examination, and utility model and design patent applications are subject to a formal examination system, also known as a registration system. After receiving an application for a patent for invention, the IP office enters the preliminary examination stage. The so-called preliminary examination is to examine whether the patent application meets the formal requirements stipulated in the Patent Law and its implementing rules, as well as obvious substantive defects.

After preliminary examination, if the patent application does not meet the requirements in form or has obvious substantive defects, the Intellectual Property Office shall notify the applicant of the opinion, and the applicant shall make corrections within the prescribed or specified time limit. After the completion of the preliminary examination procedure for an application for a patent for invention, if the preliminary examination meets the requirements of the Patent Law, the application shall be published immediately after 18 months from the filing date, and the Intellectual Property Office may also publish it in advance according to the requirements of the applicant.

1. Time of utility model patent.

Under normal circumstances, it generally takes at least half a year to a year for a utility model patent to issue a patent certificate.

Article 34 of the Patent Law stipulates that after receiving an application for exclusive penetration of an invention, the patent administration department shall publish it immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the applicant.

Paragraph 1 of Article 54 of the Detailed Rules for the Implementation of the Patent Law stipulates that after the patent administration department issues a notice of grant of patent right, the applicant shall go through the registration formalities within two months from the date of receipt of the notice. If the applicant goes through the registration formalities on time, the patent administration department shall grant the patent right, issue a patent certificate, and make a public announcement.

2. How long does it take to apply for an invention patent?

1.Generally, it takes more than 18 months to apply for an invention patent, and if a quick examination is required, it can be granted in 12 months at the earliest.

2.After receiving an application for a patent for exploitation of a patent for a patent, if it is found to meet the requirements of this Law after preliminary examination, it shall publish it immediately after 18 months from the date of filing. The patent administration department may publish the application at an early date at the request of the applicant.

Article 40 of the Patent Law of the People's Republic of China If no reason for rejection is found in the preliminary examination of the application for a patent for utility model or design, the patent administration department shall make a decision to grant the patent for utility model or design, issue the corresponding patent certificate, and register and publish it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.