– Utility Model Law, enforced April 1, 1960. The revisions of the Patent Law apply.

– Same as for “Patents of Invention“.

Applicant: the same as for “Patents“.

Foreigners or nationals not living in the country: the same as for “Patents“.

Kinds of utility models: utility models cover machines, devices, products and articles.

Priorities: the same as for “Patents“.

Multiple-claim system: the same as for “Patents“. A plurality of claimed inventions can be included in a single application provided that they have a technical relationship forming a single general inventive concept as provided for in an ordinance of the Ministry of Economy, Trade and Industry. For utility model applications filed on or after April 1, 2022, it is no longer permissible to utilize multi-multi dependent claims.

Notion of the device: the only devices, which may be protected under the Utility Model Law, are those relating to the shape, construction or combination of articles.

Not registrable: devices contrary to public order, good morals or public health.

Novelty: the same as for “Patents“.

Exceptions to protection: devices which (1) are not novel; (2) do not involve an inventive step; (3) see “Not registrable” above; (4) cannot apply for industry.

Amendments: can be made within a specified period of time (to be fixed as two months by a government ordinance) from the filing date. An amendment for adding a “new matter” shall constitute a reason for invalidation.

Filing requirements for an application (to be sent to resident agent):
The same as for “Patents“.

Filing without one or more requirements: the same as for “Patents“.

Examination: no substantive examination is made before granting a utility model right. For registration of a utility model right, examination is conducted not only with respect to formalities but also to the following basic requirements: (1) the claim should relate to a shape or construction of a device or to a combination of devices; (2) the claimed device should not act counter to public order or morals; (3) the application should exhibit “unity of application”; and (4) any necessary matters should be described in detail in the specification or drawings.

Conversion: an applicant for a patent or a design registration may convert his/her application into an application for utility model registration within a term stipulated in the Japanese Utility Model Law Section 10.

Technological assessment: (1) a Utility Model Technological Assessment shall be prepared by a Patent Office Examiner; (2) in the assessment, the claimed device is subjected to technological evaluation as regards lack of novelty, obviousness over known publications, and comparison between prior and later filed applications on the basis of descriptions in the specification or in the claims; (3) any person can, at any time after the filing of an application, request preparation of a Utility Model Technological Assessment, except for the time after a utility model registration is invalidated or a patent application based on a utility model registration is filed; (4) the preparation of a Technological Assessment can be requested for each claim and the request, once made, cannot be withdrawn; (5) the request for Technological Assessment shall be published in an Official Gazette; (6) the owner of a registered utility model right shall enforce his/her right only after he issues a warning by presenting the Technological Assessment. (Note: if the owner of a utility model right has filed the request for Utility Model Technological Assessment, the owner cannot file a patent application based on the utility model registration. See “Patent application on the basis of utility model registration” in Patents of Invention, Section 3.)

Registration: the same as for “Patents“.

Delivery of document: a certificate of utility model registration, giving the utility model registration number, is delivered by mail. There is usually a duration of about six months from the filing of the application.

Beginning of protection: the same as for “Patents“.

Duration: ten years from the date of filing the application (for an application filed on or after April 1, 2005). For an application filed before this date, the duration is six years from the filing date. Further, if an owner of a utility model registration considers that the ten-year duration is not enough, the owner can file a patent application based on a utility model registration (see “Patent application on the basis of utility model registration” in Patents of Invention, Section 3).

Annuities – latest term for payment – extension: the same as for “Patents“.

Marking of registered goods: not compulsory, but desirable.

Text of marking: “Registered Utility Model” with the registration number.

Amendment of registered utility model: an owner of a utility model registration can correct claims, specification and drawings. A correction by means of (1) reduction of the scope of claim; (2) correction of clerical errors; or (3) elucidation of indistinct statements can be made only once after the utility model registration. However, a term for filing such a correction is restricted after a lapse of two months from an issuance of first technological assessment, or after a lapse of a term initially designated for submitting a written reply in an invalidity trial. In addition to such a correction, claims can be deleted for a number of times, at any time, except for a certain term within a trial for invalidating the registration, and the time after a registered utility model is invalidated.

Limits on the execution of the right of an owner, etc., of utility model right: the same as limits on the execution of the right of a patentee, etc.

Renewal: not possible.

Working: see patents Section 6. “Compulsory licenses“.

Licenses: two kinds of licenses are provided for: (1) exclusive license and (2) ordinary (non-exclusive) license. The granting of a license for the use of a utility model is freely allowed provided an agreement as to the conditions for licensing is reached between the owner of the rights on the utility model and a third party. No special relationship between the owner of the utility model and the third party is needed. An exclusive license does not take effect unless registered.

Assignment: the same as for “Patents“.

Right of prior user: the same as for “Patents“.

Compulsory licenses: the same as for “Patents“.

Invalidation: the same as for “Patents“, but no opposition system for utility model rights.

Infringement and penalties: in the case of infringement, compensation for damages may be obtained through civil suits; a fine of not more than 300 million Yen (on a legal entity) or 5 million Yen (on a natural person) and/or imprisonment with hard labor not exceeding three years may be imposed through criminal proceedings.