Technical matters can be protected as a patent or a utility model. Designs and names of the goods can be registered as a design and a trademark, respectively.
However, novelty is required when applying for a patent and a design.
Utility models are registered at the time of filing, but once "Report of Utility Model Technical Opinion" refuses the novelty of the utility model, you no longer have the right to exercise.
Trademarks cannot be registered if the same trademark is already registered at the Patent Office.
Both require technical matters.
Patents have wider scope of the protection than utility models.
For example, the process patents exist but process utility models do not.
The terms of a patent shall be 20 years and the terms of a utility model shall be 10 years.
Utility models are registered faster than patents because they only need to meet the formal and basic reqirements.
In terms of exercising the rights, the utility models need "Report of Utility Model Technical Opinion", but the patents do not.
If you want some professional advice, please contact us and make an appointment for a meeting at out office.
If you want free advice, please visit The Fukui Chamber of Commerce and Industry or Fukui Institute of Invention and Innovation and ask for it.
It is necessary to search for prior art identical to your invention befor applying for a patent, utility model or design. You can find published applications and patents in the IPDL. Also a trademark search can be conducted in the IPDL.
Please prepare for explanatory materials, drawings and relevant materials searched in the IPDL for filing an application.
In case of trademarks, please prepare for some materials that a naming or logo design is described or trademark lists searched in the IPDL.
If it is urgent, please contact us first and we will ask you to prepare for some documents needed for an application depending on the situation.
Please refer to the following estimated costs including substantive examination fees and amendment submitting fees.
Patent: 600,000 yen to 800,000 yen
Utility Model: 300,000 yen to 400,000 yen
Design: 250,000 yen to 300,000 yen
Trademark: 200,000 yen to 250,000 yen (per one class)
Please contact us for more precise cost information.
The request fot substantive examination is to be filed within 3 years from the date of filing the application. The examination period can approximately be 2 or 3 years from the date of substantive examination request.
As utility models do not have substantive examination procedure, the registration number is notified after 6 months from the filing date. However, "Report of Utility Model Technical Opinion" is needed for exercising the right.
Designs or Trademarks are examined and determined whether they are registered or not within 1 year from the filing date.
According to the published data at the Japan Patent Office, the probability of obtaining a patent is likely to be more than 50%, however it is hard to calculate the probability for each case.
It is possible to raise the probability of getting a patent by searching for prior art which should be conducted before filing an application. We try to conduct a search and create specifications with high probablity.
We handle the cases until they are registered. Therefore, if you disire us to keep their management, a management service contact will be required.
Filing an overseas application within one year after the domestic filing date will be required, therefore please let us know as soon as possible after completing the filing of a domestic application.
Fees for requesting to file an application and translation fees are so expensive that we highly recommend you discuss enough about the cost effectiveness of an overseas application.
As patent attorneys are obligated to maintain the business-related information as confidential, please do not worry that the third parties know what you have consulted us.