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Japanese industrial Design Examination Standards

Compilation instructions

 In China, in order to protect the three innovative achievements of invention, utility model, and Industrial design, all these three type of rights are regulated in one Law-the Patent Law of the People's Republic of China.

 According to Articles 1 and 2 of the Patent Law of the People's Republic of China, the subject matter to be protected by the Law are inventions-creations, that is, inventions, utility models and industrial designs. It can be seen that inventions, utility models and industrial designs in China are all belonging to patent categories. This is one of the unique characteristics of the legislative system of Chinese Patent Law.

Unlike the Chinese legislative model that adopts one Law to protect inventions, utility models, and industrial designs, Japan implements a separate legislative model for the protection of inventions (特許), utility models (実用新案), and industrial designs (意匠). That is, these three type of rights are regulated by the "特許法" (hereinafter referred to as the "Patent Law"), the "実用新案法" (hereinafter referred to as the "Utility Model Law"), and the "意匠法" (hereinafter referred to as the "Industrial Design Law"). Further, "特許・実用新案審基準" (hereinafter referred to as " Guidelines for Japanese Inventions and Utility Models Examination "), "特許・実用新案審査ハンドブック" (hereinafter referred to as "Manual for Japanese Inventions and Utility Models Examination "), "意匠審査基準" (hereinafter referred to as "Japanese industrial Design Examination Standards"), "審判便覧" (hereinafter referred to as " Japanese trial brief "), etc. are also provided based on the Laws.

 

 

 

In order to better study the Japanese patent examination rules and to enrich the academic resources for patent examination, Examination Management Department of the Patent Office of CNIPA organized translation of the "Guidelines for Japanese Inventions and Utility Models Examination" and "‘Guidelines for Japanese Inventions and Utility Models Examination’ Application examples in specific technical fields" (Annex B of "Manual for Japanese Inventions and Utility Models Examination"), "Japanese industrial Design Examination Standards", and " Japanese trial brief " and compiled them into volumes for reference in the practice of examination.

 

Publication of this book has received strong support from the Beijing Office of JETRO that provided us with a complete Japanese materials and paid high attention to it.

 

It is emphasized here that the present book is only used as a reference material for one to understand the Japanese patent examination rules. If the translation content is found to be inappropriate, please refer to the original materials in Japanese.

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