Under the Japanese design system, it is possible to obtain a valid design right even for a functional design. Therefore, all objects are eligible for design registration as long as they have novelty and creativity in the form thereof. For example, even a mechanical part installed under the hood of a car can be the subject of a design registration. When considering filing a patent application for an invention that has a distinctive shape, it is highly recommended considering filing a design application as well.

<Examples of registered functional designs>

JP Design Registration No. 1459666 “Pouring outlets for packaging containers”

JP Design Registration No. 1485595 “Chain bush”
As shown in the cases above, even a functional partial design with a very small claimed area can be validly registered.

 

Design registration has the following advantages over patents:

(1) Longer duration than a patent

The amendment to the Design law effective April 1, 2020, extended the duration of design rights to 25 years from the filing date. This is five years longer than the duration of patent rights.

(2) Filing costs are lower than patents and allowance rates are higher.

Allowance rates

Patent	Design
74.4% (*1)	83.2% (*2)

*1: number of allowances / (number of allowances + number of decisions of rejection + number of withdrawals or abandonments after FA) in 2020
*2: number of allowances / number of applications in 2020

 

(3) Since a design consists of the shape, pattern, and color of an article, it is easy to understand at a glance, easy to detect third parties’ counterfeit products, and relatively easy to enforce.

 

For important functional articles, always consider filing a design application in addition to a patent application in Japan.

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)