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Q3. What documents and/or information are required to file a design application in Japan?

Q3. What documents and/or information are required to file a design application in Japan?

A3.
1. A written Request which includes the following information:
(i) Name of article
The name of the article must be included in the written request. The name of the article should be carefully chosen and decided upon because the name sometimes plays a significant role in interpreting the scope of the design right.
(ii) Explanation of article
The explanation of the article need not be necessarily submitted, but if the explanation of the article is clear, the problem of new-matter in the future can be avoided. Further, when the article itself is not known in Japan, information about the article such as use, function, structure etc., should be explained.
(iii) Explanation of design
For example, in a case where a change in the configuration of the article is beyond expectation, it is preferable that the change of the configuration before and after its movement be explained with explanatory drawings. Further, when it is not clearly self-evident that the entire article or a part of the article is transparent, it should be explained so. When the article is lengthy, for example, a rope or a rail, it should be explained so. In the case of a partial design application, the part for which the registration is sought is to be identified and explained.

2. Drawing(photograph, computer graphic)
A set of drawings from six directions i.e. front view, rear view, left side view, right side view, plan view and bottom view have to be submitted. The drawings are to be depicted by the orthographic method. Depending on the design, a perspective view, sectional view or partial enlarged view, etc would help the Examiner accurately and quickly understand the design. In the case of a partial design application, a part which is sought to be protected as a partial design and the other part are to be clearly distinguished and shown diagrammatically. When a design of a set of articles is filed, a set of drawings in six views is required for each article. If the article includes a movable part, and the movement is not duly expected, drawings which show the change of the configuration of the article before and after the movement should be submitted. Further, if it is not clearly self-evident that the article contains a transparent part, it is necessary to submit a cross-sectional drawing to specify the transparent part.

3. Claiming priority
A priority claim must be made at the time of filing the design application and the priority document has to be submitted within three months from the filing date. If the priority document is not filed within three months from the filing date, the priority claim will not be considered in the examination.

4. Power of attorney
A power of attorney is not required for filing the application. However, in case of abandonment, withdrawal, conversion of application and demand for appeal a power of attorney is necessary. Therefore, we recommend forwarding a power of attorney in advance to the Japanese agent.