DESIGNSubject of protection of design
The subject of protection of a design in Japan is an item which gives rise to a sense of beauty through a visual perception which is connected to the shape of a product, or its pattern or color. A simple picture or drawing is not a valid subject.
The design provides protection for creativity which is based on the concept of beauty from the viewpoint of an esthetic perception of a design, in contrast to that inventions and utility models are created with technological concepts using the operation of natural laws and rules
Procedures for obtaining a design right in Japan
In order to obtain a design right in Japan, one must submit documents to the Japan Patent Office which describe the contents of the creation in the set form prescribed by the ordinances. A set of prescribed requirements must be fulfilled in order to obtain a design registration. An examiner will check whether an application meets these requirements.
The whole procedure from filing to registration in Japan is shown in the flow chart below.
