Service Outline of Design Patent Protection
We can support your design strategy by effectively utilizing your designs
- Our design team includes a member having more than 25-years experience in intellectual property and provides design-related services based on a broad experience and high-level knowledge.
- Our patent and trademark attorneys and design staff, with a good command of English, support our clients' acquisition of design rights, and are able to settle design-related disputes and agreements.
- At our firm, attorneys at law and patent and trademark attorneys are able to work together, which enables our firm to be a reliable one-stop service for consultation prior to application, to settlement of trials/litigation, and negotiation.
Advantage of using our firm for design patent protection
Preparation of drawings/photos required for a design application
We can prepare drawings/photos required for filing a design application with the Japan Patent Office. The format of the drawings/photos appropriate for use in filing a design application is sometimes different from other country's patent offices. When a client provides us with the product/sample, we can prepare the drawings/photos (of, for example, six views) appropriate for use in filing a design application, thereby lessening the burden on the client. If the client prepares drawings on their end, we are able to give the client advice on properness of the prepared drawings and support in preparing legally acceptable drawings/photos. Upon preparation of drawings, our specialized staff can create drawings appropriate for filing a design application using various tools, such as CAD. If the client provides us with photos, we can also advise the client if such photos are acceptable for design applications here in Japan. If necessary, we can prepare drawings appropriate for use in filing a design application from the photos.
Proposal for partial design/related design patent protection
In Japanese design practice, effect of design right expands to designs similar to the applied-for design. We can propose a design application which utilizes the partial design system for the purpose of not only acquiring the right for the whole shape of the article (product) but also excluding copies by third parties of partial designs, resulting in acquisition/utilization of stronger rights.
If the article has a plurality of designs similar to each other, effect of design right can be expanded by filing a plurality of design applications which utilizes the related design system. We can propose a design(s) similar to the design the client has so as to enable filing a plurality of design applications through the related design system, and support the client's acquisition of broader range of right.
Advice based on abundant experience
In order to register a design in Japan, it is in principle necessary to file a design application prior to publication and test marketing. However, even if the client's design has been published prior to filing a design application, there are cases in which the design can be registered by claiming exception to loss of novelty under the Japanese Design Law. We have abundant experience in this procedure and can provide the client with appropriate advice.
Regarding expansion of display design protection effected by revisions to the Japanese Design Law in 2006, we have promptly started to handle display design cases and many of the designs have already been registered. Consult us if you intend to acquire and utilize screen design right.
Dispute/Agreement relating to design patents
We have vast experience in settlement of agreement/negotiation concerning design IP in and out of the court. Therefore, we can deal with various requests from our clients such as negotiation concerning enforcement of design right and injunction of infringing designs at Japanese customs. Regarding sale and purchase of design and licensing negotiation we can communicate with the client via facsimile and email to expedite negotiations with the negotiating partner. According to your request and the situation, however, our patent and trademark attorneys and staff (fluent in English) can meet with you or make a telephone call to you directly. We are confident that you will be satisfied with our quick and precise action.
Procedures for joint application agreements which involves a plurality of companies, change of name, assignment can all be properly handled based on legal determination by our attorneys at law/patent and trademark attorneys and experience of our skilled staff.
Examples of designs registered through our firm
In summary, our design team includes a member having more than 25-years experience in intellectual property and have vast experience in various aspects of IP, and therefore our firm is able to provide a reliable one-stop service from consultation prior to application to settlement of trials/litigation and negotiation.