Before applying for a Japanese patent, we must first understand the Japanese design extension announcement system.
Before applying for a Japanese patent, you should know about Japan's design extension announcement system. The extension notice of design is also called confidential design, which is essentially a system that authorizes the extension and publicity of design. Usually, after the design applicant obtains the patent right, his design scheme will immediately enter the open state that the public can know. According to the principle of first application, enterprises must submit an application for a patent for design immediately after the design scheme is determined. With the improvement of examination efficiency in recent years, it is not uncommon for a patent application to be authorized to announce before the product is officially released. For products that win the market with novel appearance and visual impact, the disclosure of design scheme caused by patent announcement will reduce the attractiveness of products to consumers to a certain extent, thus affecting product sales. Before applying for a Japanese patent, we must first understand the Japanese design extension announcement system. The secret design system adopts the form of delayed publication, and the authorized design is not made public, so that the product is kept secret before the official sale, so as to arouse consumers' curiosity about the product, promote consumers' enthusiasm for consumption and win higher sales. Generally speaking, public exchange protection is the institutional rule of industrial ownership. However, the difference between design and technological creation activities is that design creation activities are mostly horizontal, divergent and independent, while technological creation activities rely more on vertical technological accumulation. It can also be said that the design and creation activities are less dependent on the achievements of predecessors than on the technical achievements, and the negative impact of temporarily not publishing the design content after authorization on public interests is not great. In addition, the design scheme is clear at a glance, and once it is made public, the probability of being copied and counterfeited is much higher than that of technological inventions. These characteristics of design need to be adjusted by intellectual property protection system. Secret design system is an exception to the public exchange protection rule. Japan, South Korea and the European Union all have secret design systems. Japan is the first country to establish this system. Studying Japan's security design system will inspire our country to explore the introduction of security design system. Related Requirements of Japanese Confidential Design System The confidential design system has existed in Japanese design law for more than 100 years. Japan began to protect designs in 1888 and 1909. Japan revised the design law for the first time and established a confidential design system. The reason why this system is introduced is that design is closely related to fashion trends and is easy to be imitated. Even if the patent right is obtained, the obligee may bear the loss of plagiarism and embezzlement caused by publicity. Japan's confidentiality design system stipulates that the longest confidentiality period of a confidentiality request is 3 years, and confidentiality may not be required after the expiration. Japan Patent Office will authorize the design by force. It should be noted that this does not mean that the confidentiality period of Japanese confidential design is three years, and the Japanese Patent Office provides the patentee with flexible choices. The obligee may specify a confidentiality period suitable for him, but the confidentiality period shall not exceed three years, and the confidentiality period shall be in units of years or months. Considering that enterprises may adjust the time to market according to market conditions, Japan's security design system stipulates that this time limit can be extended or shortened after filing a security request, and it can be submitted to the Japan Patent Office one month before the original time limit expires. In practice, the applicant needs to submit a design application or pay the annual fee for the first year, and at the same time, file a confidentiality application with the Japan Patent Office. Applications before March 3, 20071only support the filing date. When applying for confidentiality, the confidentiality period shall be clearly stated in the design request. The confidentiality request fee is based on the application, and each application is 565,438+000 yen, which is about 300 yuan RMB at the current exchange rate. Confidential design not only does not disclose the design content, but also temporarily keeps confidential the information in the request for product name, product category, designer and so on. Such a system design makes it impossible for competitors to know what kind of innovation the applicant has made in which field, which is a comprehensive protection for the applicant's development and business strategy. Before applying for a Japanese patent, we need to know about Japan's design extension announcement system. This is all for you. If you have more questions about patents, you can continue to pay attention to Bajie Intellectual Property or contact us by phone.