UTILITY MODELDifference between patent and utility model
The subject of protection of a patent in Japan is an invention which is the highly advanced creation of technical idea by which a law of nature is utilized. The invention includes products and methods. On the other hand, the subject of protection of a utility model in Japan is a device relating to the shape or construction of articles or a combination of articles. Accordingly, a method cannot become a subject for registration in a utility model. The main differences between the patent and the utility model are as follows.
Procedures for obtaining a utility model right in Japan
As the lifecycle of products decreases, the demand for earlier protection for utility model rights has become progressively more noticeable. In order to respond to this requirement, the utility model law was revised as of January 1, 1994 in Japan to dispense with the substantive examination whether the application has novelty, an inventive step and the like.
When filling a utility model application in Japan based on the Paris Convention, the following information and documents are required.
(1) Name and address of Applicant and Inventor
(2) Electronic filling data of specification and drawing (in English or Japanese)
(3) filing date, name of the country, filing number of the priority application, and priority document (certified copy of the original specification), if you would like to claim priority.
When entering the national phase in Japan of a PCT application, the following information and documents are required.
(1) PCT application number
(2) Electronic filling data of amendment under PCT article 19 and 34, if these were filed.
(3)A copy of an International Preliminary Examination Report.
The whole procedure from filing to publication in Japan is shown in the flow chart below.
