Japan・Tokyo・Kanagawa・Kawasaki・Yokohama・Yokosuka・Intellectual Property・Patents・Designs・Design patents・Trademarks・Servicemarks ・Copy Rights・Filing an application・Translation 【Sakano & Associates （Yokohama Kannai)】
    
Sakano & Associates
Patent Attorney
President
Hiroyuki Sakano
Prease see a profile
#601, M・P・S Kannai, 1-6 Sumiyoshi-cho, Naka-ku, Yokohama-city, Kanagawa,
Japan
231-0013
TEL : +81-45-227-5117
FAX: +81-45-227-5118
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・Design
・Flow chart
・Explanation of the flow chart
・Application
・Formality Examination
・Notice for Amendment
・Substantive Examination
・Notification of Reasons for Refusaｌ
・Filing an Argument
・Filing an Amendment
・Decision of Registration・Appeal Decision to register a Design
・Registration Fee Payment
・Registration
・Extinguishment
・Decision of Refusal
・Appeal against Decision of Refusal
・Appeal a case
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| Explanation of the flow chart |
【Application】
Application means that a procedure to submit necessary documents to the
JPO to obtain a design right. Japan has adopted the first-to-file system.
Therefore, it is advisable to file as soon as possible after a new design
occurs to you.
Flow chart
【Formality Examination】
Formality Examination is a examination that an application document is
checked to see whether or not it fulfills the necessary procedural and
formal requirements.
As a result of the Examination, Notice for Amendment will be made if necessary
documents are missing or required sections have not been filled in.
【Notice for Amendment】
Notice for Amendment will be made if necessary documents are missing or
required sections have not been filled in.
If you do not file an amendment in designated period, the filed application
will be rejected.
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【Substantive Examination】
Substantive Examination is carried out by the examiner of the JPO, who
will decide whether or not the filed design should be registered.
| Notification of Reasons for Refusal |
【Notification of Reasons for Refusal】
Notification of Reasons for Refusal is a notification which is sent to
the applicant, if the examiner finds reasons for refusal.
In this case, an applicant is able to submit an Argument and an Amendment
with the JPO.
【Filing an Argument】
An Argument is a document claiming that the design differs from the prior
art to which the notification of reasons for refusal refers.
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【Filing an Amendment】
An applicant who has received the notification of reasons for refusal shall
be given an opportunity to submit an Amendment.
【Decision of Registration】
Decision of Registration is a decision to register a design as the final
assessment of the examination stage in the case that no reasons for refusal
have been found or the reasons for refusal have been eliminated by filing
an Argument or Amendment.
【Appeal Decision to register a Design】
Appeal Decision to register a Design is a appeal decision to register a
design as the final assessment of the appeal examination stage in the case
that no reasons for refusal have been found or the reasons for refusal
have been eliminated by filing an Argument or Amendment.
【Registration Fee Payment】
The registration fee for the first year shall be paid within 30 days from
the date of transmittal of the examiner's decision or the appeal (trial)
decision that the design registration is to be effected.
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【Registration】
Provided that the applicant pays the registration fee, the design right
shall be established.
【Extinguishment】
The term of the design right shall be 20 years from the date of registration
of its establishment（§21）.
【Decision of Refusal】
Decision of Refusal is a decision which a design application is to be refused
as the final assessment of the examination stage in the case that the reasons
for refusal have not been eliminated.
【Appeal Decision of Refusal】
Appeal Decision of Refusal is a decision which a design application is
to be refused as the final assessment of the appeal examination stage in
the case that the reasons for refusal have not been eliminated.
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| Appeal against Decision of Refusal |
【Appeal against Decision of Refusal】
When dissatisfaction is in the decision of refusal of the examiner, the
applicant may appeal against the decision of refusal.
【Appeal a case】
When dissatisfaction is in the appeal decision of refusal of the examiner, the applicant may appeal against the appeal decision of refusal. An action against a appeal (trial) decision shall come under the exclusive jurisdiction of the Intellectual property High Court.
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