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INDUSTRIAL DESIGN
According to the Japanese Design Law, a design is the shape, pattern, color or combination thereof of an article (including parts) that visually invokes beauty or esthetic emotions.
Two special design systems are available under the law, Partial Design and Related Design.
Partial Design focuses on the protection of creative and characteristic part(s) of a design.
Related Design, which replaced the conventional Similar Design, is a registration of similar designs filed by the same applicant on the same day.
Future strategic development and alterations need to be considered when filing. K & P assists clients in implementing the best practices.
Designs are also examined substantively.
Drafting & FilingThere is no concept of disclaimer under Japanese Design Law. A set of 6 drawings (consisting of front view, rear view, left view, right view, plan view and bottom view) (and perspective views) are strictly required, even if some of them are not presented in a foreign priority application. There is almost no freedom of amendment after applications are filed. Applications must be in compliance with Japanese rules at the time of filing. Good preparation is the key to a successful filing.
ProsecutionThe breadth of similarity is narrower in Japan than in other countries. We make dedicated efforts to explain to clients the reasons for rejection in a meaningful and comprehensive way and offer our best recommendations to overcome the rejection. Applicant can demand an appeal upon receiving the examiner's decision of rejection. K & P provides clients with first-rate assistance in the preparation and implementation of the appeal.
Post grant proceedingsWe provide strategic assistance in demanding and preparing for trials for invalidation if there is a defect in the cited design.
SearchingWe offer speedy searches of designs for an evaluation of the possibilities of unhindered introduction of a product in Japan or for other needs of our clients on the basis of the complete lists of published designs.
