UTILITY MODEL
- Filing Requirements
- Paris-Route / Non-Convention Application
- National Phase Application from PCT Application
* Procedures for Obtaining a Utility Model Right (Flow Chart) *
- Paris-Route / Non-Convention Application
- National Phase Application from PCT Application
A) Paris-Route / Non-Convention Application
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B) National Phase Application from PCT Application
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* Our Services *
The attorney and engineers at KOSHIKAWA & Co. have extensive experience in prosecuting Utility Model applications in all fields of technology. Our offices are fully compatible with the Japan Patent Office’s latest electronic filing regulations and can provide our clients with the electronic documents and conversions necessary to file and prosecute Utility Model applications. Since establishment of our Co., it has been handling large numbers of Utility Model applications from its domestic as well as foreign clients.
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* Filing Requirements *
For filing a Japanese utility model application, the following documents/information are required.
- Paris-Route / Non-Convention Application
- National Phase Application from PCT Application
A) Paris-Route / Non-Convention Application
- Invention
- Specification
- Claims
- Abstract
- Drawings (if needed)
- Applicant
- Full name
- Full address
- Nationality
- Inventor(s)
- Full name
- Full address
- Filing Detail
- Filing date
- Serial number and the name of the country of the basic application, if the application is a Convention case (Serial number can be submitted later, if it is not available at the time of filing.)
- Certified copy of priority document (This document has to be filed within sixteen months from the priority date. No extension is possible.)
- Power of Attorney form
(which should be executed by a representative of the applicant. No legalization or notarization is necessary.)
Note:
Under the current Japanese practice, an executed Power of Attorney form need not be submitted to the Japan Patent Office for initial filing. Nevertheless, we have been asking our foreign clients to send us an executed Power of Attorney for those cases entrusted to us, for the following reasons:
- Our receipt of an executed Power of Attorney ensures that we received an explicit legal authorization of the entrusted case from our client, and
- Our receipt of an executed Power of Attorney enables our immediate submission of the same, which is absolutely necessary when proceeding with withdrawal of the pending application, filing an appeal from the final rejection, an answer to opposition and the like, whenever such occasions arise, apart from initial filing of applications as described above.
Please refer Sample on Power of Attorney menu if needed. (Download)
Examination:
- A utility model registration can be obtained without any substantive examination. An application will be registered after completion of a formality examination.
Request for Technical Evaluation Report:
- A technical evaluation report, prepared by an examiner on the basis of a search of prior art documents, enables an objective judgment to be made about the validity of a registered utility model right. It can be requested by any person at any time after the filing of the application.
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B) National Phase Application from PCT Application
- A copy of the International Publication (Cover Page for information, Specification, Claims, Abstract and Drawings)
- PCT Article 19 amendment and/or PCT Article 34 amendment, if any
- A copy of the International Preliminary Examination Report, if any
- Power of Attorney form (which should be executed by a representative of the applicant. No legalization or notarization is necessary.)
(Please see the Note of the above item A(5).)
Please refer Sample on Power of Attorney menu if needed. (Download)
Time limit to enter the national phase:
A national phase application in Japan must be entered within thirty months from the priority date.
Examination:
A utility model registration can be obtained without any substantive examination. An application will be registered after completion of a formality examination.
Request for Technical Evaluation Report:
A technical evaluation report, prepared by an examiner on the basis of a search of prior art documents, enables an objective judgment to be made about the validity of a registered utility model right. It can be requested by any person at any time after the filing of the application.
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* Legal Fees *
UTILITY MODEL APPLICATIONS
| Official Fee (JPY) | Attorney Fee (JPY) |
Filing an application
- Basic fee (single claim)
- Charge per additional claim
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Claiming Convention priority or internal priority
- Basic fee
- Charge per claim
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Filing Request for Registrability Report
- Basic fee
- If the ISR has been established by JPO (under the PCT)
- If the ISR has been established
by Intl. Searching Authority other than the JPO (under the PCT)
|
- 42,000 + 1,000 per claim
- 8,400 + 200 per claim
33,600 + 800 per claim
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Argument |
0 |
90,000 |
Amendment |
0 |
90,000 |
Basic Registration fees and annuities
(for Utility Model applications filed on or after April 1, 2005)
1st - 3rd year
- Basic fee (single claim)
- Charge per additional claim
4th - 6th year (each year)
- Basic fee (single claim)
- Charge per additional claim
7th - 10th year (each year)
- Basic fee (single claim)
- Charge per additional claim
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