UTILITY MODEL

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UTILITY MODEL

Japanese utility models are suitable for the protection of "small inventions." In particular, the eligible subject matters according to the law are statutably limited to "Shape of Article," "Structure of Article" and "Assemblage of Articles." They may be granted without substantial examination, ---- No Examination System. However, when enforcing a granted utility model, a technical assessment of the granted utility model should be requested to the JPO, in which the registrability of the granted utility model such as novelty and unobviousness is assessed. The term of the utility model right was amended in 2004 to be extended to ten years from the filing date of the corresponding utility model application in Japan, as effective from April 1, 2005.

Drafting & FilingFor a patent attorney, it is critical to know full details of an invention to define the invention because the definition virtually seals the fate of the patent. The average inventor rarely has a background in intellectual property law that makes satisfying statutory requirements an almost insurmountable challenge. The first business of K & P is to redefine the invention along the lines of patent law and the regulations and rules governing intellectual property to raise the patenting potential. If necessary, the inventor is asked to provide additional technical information or experimental data. K & P, well versed in all aspects of the practice, is your perfect partner for planning and implementing every step of this process to fully realize the potential of the new invention.

Post-Grant ProceedingsA technical assessment of the granted utility model should be prepared for enforcing it. The novelty and unobviousness of the claimed utility model should be uncovered. If either one of the novelty and unobviousness is denied, the granted utility model may be made invalid by the Board of Appeals.

LitigationThe enforceability of granted utility models is the same as for patents. If a utility model right is infringed, the legal options available to the rights holder are injunction and damages claims.