Utility Model

Feature of Utility Model system in Japan

  1. No substantive examination
  2. Chemical components, materials, computer software, method do not eligible to be protected.
  3. Protection term is 10 years form the date of filing
  4. Drawings are necessary

PCT National Phase Entry Requirements in Japan

It is possible to file a Utility Model application as a national phase entry from PCT international application. However, applicant cannot file both of patent and utility model application from the same PCT application.
It is possible to convert a Utility model application into a patent application..
It is also possible to convert a patent application into Utility Model application.

Conventional application through Paris Route

  1. Applicant can NOT file a utility model application in Japan in foreign languages
     (All of the application documents must be prepared in Japanese)
  2. Priority Documents (Certified) must be filed within 16 months from the priority date
  3. Digital Access Service (DAS) can be a replacement of priority documents
    (We ask the copy of original documents including front page for our confirmation.)
  4. Power of Attorney does not required

The Flow of the Acquisition of Utility Model

Utility Models Registration Application

To identify the content of ideas about the acquisition of Utility Model Rights, you will prepare the following documents; inventors, applicants, the general information of the invention, images, prototypes, and experimental data. Unlike patent case, you have to pay in advance the registration fee from the first year to third year.
Fundamental requirements
Order for amendment
Amendment submission

In most cases, you will soon face the process of the decision of registration. If the cases are not suitable for the fundamental requirements or styles, you will be given a notice of order for amendment. After modifying them, you will go to the next stage-registration of the establishment. In general, it takes about 2 to 4 months from application to registration of the establishment.
Registration of the establishment

The date of registration of the establishment is the initial day of generation of the utility model. The right will be valid at most 10 years.
Issue of National Publication of Translated Version

Later, the utility model publication is open in order to identify the final content. (Utility Model Law Article 14, Paragraph 3)

For more information about Japanese patent system, please visit the Links below:
FAQ of the Japanese Utility Model system (JPO Link)