Procedures for Obtaining a Utility Model Right in JAPAN

Utility model <- Flow of Utilitiy model procedure in Japan


(1) Application

In addition to the application fee, registration fee for the 1 to 3 years must be paid at the time of filing.


(2) Formality Examination

There is no system of request for examination for applications for utility model registration.

Having no substantive examination of whether the application is novel and has an inventive step, the formality examination will check the basic requirements shown below.

(a) The device relates to the shape or construction of articles or a combination of articles.

(b) The claimed device is not liable to contravene public order and morality.

(c) The application satisfies the requirements for the format of claim as well as the unity of application.

(d) All the necessary items are described in the specifications and drawings, and these descriptions are not conspicuously unclear.


(3) Registration

For all applications have passed the formality examination, the registration of the utility model right will be instituted without going through a substantive examination.


(4) Publication

When the utility model right has been registered, the JPO publishes the details of the application soon.


Utility model right expires on the 10th years from the filing date.