News & Topics

Partial Revision of the Design Law has been approved by the Japanese Cabinet. The Bill for the revision is now
under consideration in the 198th ordinary session of the Diet (scheduled to run through this June 28), aiming for
entering into force next spring, 2020. We introduce an outline of the revision, wherein the scope of the protectable “DESIGN” under the Law is expanded, the duration of design right is lengthened, preparation of a design
application is simplified, and so, such that we could call it a drastic reform.

1. Expansion of protectable “DESIGN” under the Law

The following are added to protectable “DESIGN”, on top of the current categories.
– exterior and interior designs of immovable property.
– digital images (not necessarily recorded on articles, but should be ones associated with a function or
manipulation of a device).

*We are expecting design protection in new fields, such as “Visual Impression of Real Shop”, “Images on Screen
coming from Cloud”, “Information projected from a device onto a Wall,” “Images appearing in Virtual Reality
/Augmented Reality”.

2. Lengthening of duration of design protection

<old> 20 years from the date of design registration in Japan
<new> 25 years from the actual date of design application in Japan

*On average the duration of a design right may be extended by more than 4 years. Further, the start of counting the duration is changed (from “registration date” to “application date”). The way of counting is unified with the utility
patent system, giving comprehensible simplicity.
 
3. Simplification of preparing a design application

– A single design application with multiple designs (embodiments) is reportedly accepted. However, this does NOT seem to be reflected in the bill for law revision, which is currently posted on the website of the Ministry of Economy, Trade and Industry. We should wait and see.

– The requirement for describing “Title of Design” is relaxed. Currently, examples of “Title of Design” are listed in
the table provided in the Regulation of Design Law, and to the extent possible, applicants should describe “Title of
Design” in accordance with the table. However, under the revision, the table in the regulation will be abolished.

4. Improvement in related design system

The related design system is an exception to the first-to-file rule which is to be applied to identical or similar
designs, allowing registration of a group of similar designs (a principal design and related designs) under certain
conditions.
By this revision, the period within which applications for related designs can be filed is lengthened to “within
10 years from the filing date of the principal design” (currently, applications for related designs can be filed only
before the publication date of the official design gazette for registration of the principal design (that is, actually
only a period of about 8 months)).

<Others>
At the level of the “Examination Standard for Design Application,” although there is some relaxation of design
examination, the burden imposed on applicants is being lowered, and some of the changes have already been
in force. 
– Concept of “One Article”
– Table of “A set of Articles”
– Relaxation of required views