[敏感词]Partial design patents

The Japanese Design Patent Law clearly stipulates that it not only protects the entire "object" but also includes "parts of the object". This system can protect the application for partial improvement of a certain product. If others adopt a whole different from the application but only require the same protection for the same part, it also infringes on the patent right, thereby expanding the scope of protection that the applicant can have.

The applicant of a design patent may, within 10 years of filing the first design patent (referred to as the "main design patent"), apply for a design patent similar to the prior application as an "associated design patent", and the application date shall be calculated based on the application date of the "main design patent". It should be noted that the associated design patent must be similar to the "main design patent", not just similar to other associated designs, to prevent applicants from submitting unlimited associated design patents.

NO.3Complete product appearance patent

If multiple products, buildings, or images are used simultaneously and have a consistent design style, they can be filed in one patent application. Unlike China's complete design system, Japan imposes restrictions on the design that can be applied for as a complete set of products in the design patent implementation regulations, and only products that meet the requirements can be applied for as a complete set of design. Applicants can use this system to apply for multiple products with similar design styles simultaneously, thereby saving application costs.

NO.4Secret design patent

In order to better protect the applicant's design, Japan has established a system of "secret design patents". This system allows design patents not to be publicly disclosed for three years after authorization, to ensure that products will not be imitated by others due to public disclosure before being put into the market. When announcing the authorization of a secret design patent, the content of the images, photographs, models, or samples of the design patent will not be disclosed; After the secret period expires, the corresponding content will be made public. The documents, models, or samples of secret design patents are generally not allowed to be accessed or copied during the confidentiality period. When the patentee exercises their power based on a secret design patent, they need to provide official proof (including pictures and other content) as a warning, and cannot directly request the cessation of infringement, nor can the fault of the infringer be presumed.

NO.5Dynamic appearance patent

In addition, in Japan, dynamic design patent applications can also be filed. The so-called "dynamic appearance patent" refers to the ability to apply for a design patent for a product when its shape, pattern, or color can change according to the functionality of the item, based on the state of the product's shape, pattern, or color before and after the change. When submitting a dynamic design patent application, it is necessary to attach drawings that are easy to understand the state before and after the changes.

Comparison of Design Patent Systems between China and Japan