Exceptions to Lack of Novelty of Design (Grace Period in Japan)

There is a one-year grace period (called “Exception to Lack of Novelty”) for a design that has lost novelty due to an act either by or against the will of a person having the right to obtain the design registration.

However, the following three points should be noted:

1. To take advantage of a grace period, it is necessary to file:

A written request for Exception to Lack of Novelty at the time of filing the application; and
Documents proving when and how the disclosure was made within 30 days of the Japanese filing date

*Please note that no extension of time for late submission of the above documents is available.

The proof documents must include the following information:

Date of publication;
Place of publication (If the publication was done online, URL of the webpage);
Name of the person or organization who published the design;
Contents of the design published (attach the photographs or images to specify the subject to be proved); and
Name, address and title of a person who should undersign the certificate (Actual signature is not required)

2. In Japan, the one-year grace period is calculated from the actual JP filing date, but not from the filing date of the priority application.

3. If the subject design is disclosed in official publications such as a patent gazette or design gazette before the JP filing date (or the priority date where priority is claimed), an Exception to Lack of Novelty does not apply to such disclosures. In this case, it is expected that the possibility of rejection by the Japan Patent Office will be high.

For more information, please visit : https://www.jpo.go.jp/e/system/design/hague/proving_doc.html (JPO website)

Please also refer to the following link.
JPO Guidebook for Overseas Users: https://www.jpo.go.jp/resources/report/sonota-info/document/panhu/design_right_injapan.pdf (JPO website)

Procedures in Japan
(Design)