Designs
Protect the appearance of a product, not the technical idea covered by a patent. Disclosure timing and the design to be filed merit separate consideration.
PCT NATIONAL PHASE · JAPAN
Patents, Utility Models, Designs, and Trademarks in Japan
Patents and utility models under the PCT, the route through examination and maintenance, and how designs and trademarks differ.
Higashiyama and Yasaka Pagoda, Kyoto · Photo: Josep M. Gracia (2015) · CC BY-SA 4.0 · Cropped
Patent or Utility Model?
20 yearsPatent term, in principle
10 yearsUtility model term, in principle
Both terms are normally measured from the international filing date.
| Aspect | Patent | Utility model |
|---|---|---|
| Subject matter | Technical inventions, including products and processes, subject to patentability requirements. | Devices relating to the shape or construction of articles, or a combination of articles; not methods. |
| Before registration | A request for substantive examination; novelty, inventive step, and other requirements are examined. | Formality and basic-requirement checks; registration without substantive novelty/inventive-step examination. |
Utility Model Registration and Enforcement
Utility models are registered without substantive examination, subject to formal and basic requirements. Registration is not a guarantee of validity. Before enforcing a utility model right, the owner must give a warning to the alleged infringer, presenting a technical evaluation report.
Technical evaluation and enforcement procedure
Utility-model protection can be sought in Japan through the PCT, subject to the subject matter and procedural requirements. An article’s shape or construction may be relevant; a manufacturing process or software process cannot simply be relabeled as a utility model.
Because novelty and inventive step are not substantively examined before registration, registration is not confirmation of validity. Enforcement requires a warning accompanied by a technical evaluation report; the evaluation, validity, and enforcement prospects need careful review.
We consider the product life cycle, copying concerns, and technical subject matter, rather than recommend utility models simply as a cheaper patent substitute.
Japanese Patents: From Entry to Maintenance
- 01EnterNational phase entry form and translation
- 02ExamineRequest and substantive examination
- 03MaintainDecision, registration, and annual fees
The examination request is a separate step with its own deadline. We discuss amendments and respond to objections as the case proceeds.
Protection for Product Appearance and Brands
Neither right is obtained through the PCT. We can discuss complementary protection for the product and brand.
Related procedures and official references
The PCT is not a design or trademark filing system. Protection of product appearance and protection of names/logos require separate design and trademark procedures.
Trademarks
Protect signs distinguishing goods or services. The goods/services and earlier marks require review.
Madrid refusal response guide →Where several forms of protection are combined, their subject matter and deadlines must be checked separately.
Request a Quote
Tell us the WO number and your objectives. We will review the information and explain the next steps.
Request a quote →General information, reviewed October 15, 2026. Procedures and fees depend on the application and may change. We confirm the current position before accepting filing instructions.
JPO: national phase · JPO: fees · WIPO