How to File a Design Application in Japan: Process, Drawings and Timeline for Foreign Applicants

"What do we need to send to file our product design in Japan?" "Can we use the drawings from our Chinese or European application?" "How long until the design is registered?"

In this article, Japanese Patent Attorney Toru Kano of BrandAgent walks overseas applicants through the whole process of a Japanese design application: what to prepare, how Japanese drawings work, how examination and refusals are handled, and how long it usually takes.

What you will learn

The steps from preparation to registration
How to prepare drawings: views, photographs, 3D CAD images and consistency
How to write the article name and the description
Examination, refusal responses and deadlines for overseas applicants
A typical timeline, and Paris priority vs the Hague system

The overall process at a glance

Step	What happens	Typical timing
1. Preparation	Check novelty and prior designs, decide what to protect, collect images or CAD data	Before any disclosure
2. Drawings and application	Prepare drawings, article name and description in Japanese	Depends on materials
3. Filing	Electronic filing by a Japanese patent attorney; filing fee JPY 16,000 per design	Filing date secured
4. Examination	Formality check, then substantive examination (no request needed)	First action often around 6–12 months
5. Refusal response (if any)	Written opinion and/or amendment	3 months for overseas applicants
6. Registration	Pay the first-year registration fee (JPY 8,500); the design right is registered	Within 30 days of the decision

Step 1: Before filing — novelty and what to protect

A design must be new and must not be easy to create from known designs. The most common problem we see is that the applicant has already published the product — on its website, on Amazon or Tmall, at a trade fair or on a crowdfunding page — before filing in Japan.

If that has happened, the novelty grace period may help: the application must be filed within 1 year of the disclosure, the exception must be claimed at filing, and proof of the disclosure must be filed within 30 days of filing. If you first filed in your home country, you can instead claim Paris priority within 6 months of that first filing.

It is also worth deciding at this stage what you want to protect: the whole product, or only a distinctive part (a partial design), and whether you need several variations. These choices affect how the drawings are prepared.

Step 2: Drawings — the heart of a Japanese design application

In Japan, the scope of a design right is determined by the drawings (together with the article name and description). Most refusals and disputes come back to the drawings, so this is where care pays off.

Which views are needed

The traditional standard is a set of six orthographic views — front, back, left side, right side, top and bottom — usually with a perspective view added. Since a rule change in May 2019, the number of views is not fixed: what matters is that the drawings, as a whole, show the design clearly enough to identify it. In practice, a full set of views is still the safest approach for most products, and views can be omitted only where they add nothing (for example when two sides are identical) and the omission is clear.

Photographs and 3D CAD images

Instead of line drawings, Japan accepts photographs of the product. Drawings created with 3D CAD software (CG images, either line or shaded) are also widely used. Each format has trade-offs:

Line drawings: show the shape clearly and make it easy to separate claimed and unclaimed parts in a partial design.
Shaded CG images: show surfaces and curves well; quick to produce if you have CAD data.
Photographs: easy to prepare, but backgrounds, reflections, shadows and stands can be read as part of the design. Use a plain background and the same lighting and scale for all views.

Consistency is critical

All views must show the same design. If a button appears in the front view but not in the perspective view, or proportions differ between views, the examiner may find the design unclear and refuse it. Drawings taken from another country's application — or from a product catalogue — often contain such inconsistencies. Mixing photos taken of different samples is another common cause.

Other practical points: do not include logos, labels or packaging unless they are part of the design you want; if something else appears in a view (a stand, a hand, a connected device), explain it in the description or make clear it is not part of the design; and for a partial design, the claimed part is drawn in solid lines and the rest in broken lines (or shown by another clear method).

Step 3: The application form — article name and description

Besides the drawings, the application includes the applicant and creator details and several text fields. Because the application must be in Japanese, these fields are translated, and a careful translation matters.

Article to the design (product name): use a clear, generic name that shows what the product is and how it is used — for example "wireless earphone" or "food container" — not a brand name or a vague term such as "device". The article name affects which prior designs are compared and how far the right extends.
Explanation of the article: describes the use, function or material where the name alone does not make it clear.
Explanation of the design: explains things the drawings cannot show alone — for example transparent parts, omitted views, colour, or which parts are not claimed.

For foreign applicants we also confirm the applicant's name and address as they will appear in Japan, so that later procedures such as assignments or recordals run smoothly.

Step 4: Filing and examination

An applicant with no domicile or business office in Japan must file through a Japanese patent attorney, who files electronically with the Japan Patent Office (JPO). The official filing fee is JPY 16,000 per design. Up to 100 designs can be combined in one multiple-design application, but each design is examined separately.

There is no request for examination: after a formality check, substantive examination starts automatically. The examiner checks novelty, creativity, whether the design is clearly disclosed, whether an earlier application covers a similar design, and other requirements. The first action often arrives around 6–12 months after filing. If no problem is found, the first action can be a decision to register.

Step 5: Responding to a notice of reasons for refusal

If the examiner finds a problem, a notice of reasons for refusal is issued. You can respond with a written opinion (arguments) and/or an amendment. Typical reasons include:

Lack of novelty or similarity to a prior design: argue the differences in the overall impression. Room for amendment is limited, so the strategy (whole product or partial design) should be decided before filing.
Lack of creativity: the design is considered an easy modification of known shapes.
Unclear design: inconsistent or missing views, or unclear parts.

Amendments cannot change the gist

Drawings can be corrected only within the scope of the original design. Adding new features or changing the shape is treated as a change of the gist and will not be accepted. This is why getting the drawings right before filing is so important.

For overseas applicants the response period is normally 3 months from the notice, and a 2-month extension can be requested. Responding needs no official fee, but it requires attorney work. If the examiner still refuses after the response, an appeal against the decision of refusal is possible within a fixed period.

Step 6: Registration and after

After a decision to register, the registration fee must be paid within 30 days. Only the first year (JPY 8,500) is required; later years are paid annually (JPY 8,500/year for years 1–3, JPY 16,900/year for years 4–25). Once paid, the design right is registered and lasts up to 25 years from the filing date. If you do not want the design published before launch, a secret design request (JPY 5,100) can keep it confidential for up to 3 years from registration.

Direct filing or the Hague system?

You can also designate Japan in an international design application under the Hague system (Japan joined on May 13, 2015). Japan's individual designation fee is paid to WIPO in Swiss francs with the international application; please check WIPO's fee calculator for the current amounts. Japan has a 12-month refusal period, and any refusal must be answered through a Japanese patent attorney.

Because Japanese examiners are strict about drawing consistency, international drawings prepared for other offices sometimes trigger refusals in Japan. Where Japan is an important market, a direct filing with drawings checked against Japanese practice is often the more predictable route.

Checklist: what to send us

Images of the product from all sides (CAD data, CG images or photos)
Product name, use and material, and which part you most want to protect
Applicant name and address (original language and English), creator names
Details of any earlier filing (for Paris priority) and any public disclosure

We communicate in English and Chinese, and invoices can be paid by bank transfer or PayPal in Japanese yen. With more than 4,000 applications handled, every case is handled personally by the licensed patent attorney. Attorney fees vary by case; ask us for a free quote.

FAQ

Q. Can we use the drawings from our Chinese, US or EU application?
A. Often yes as a starting point, but they should be checked against Japanese practice. Inconsistent views and unexplained elements are common reasons for refusal in Japan.
Q. Are six views always required?
A. Not strictly since 2019 — the drawings must identify the design clearly. In practice a full set of views is still the safest choice.
Q. Can we file with photographs?
A. Yes. Use a plain background, consistent lighting and the same sample for every view.
Q. How long does it take?
A. The first examination result often comes around 6–12 months after filing. If there is no refusal, registration follows soon after the fee is paid.
Q. Do we have to use a Japanese attorney?
A. Yes, if you have no address or business office in Japan — for filing and for responding to refusals, including refusals of Hague designations.

Key points

File before disclosure, or within 6 months of your first filing with Paris priority.
The drawings define the right: keep all views consistent; photos and 3D CAD images are acceptable.
Use a clear, generic article name and explain anything the drawings cannot show.
Examination starts automatically; the first action often comes in around 6–12 months.
Overseas applicants have 3 months (extendable by 2 months) to respond to a refusal, through a Japanese patent attorney.

Planning to register your design in Japan?
Send us images of your product — we will check your drawings against Japanese practice and reply with the best route and a quote, free of charge.

BrandAgent Patent Office (Kyoto, Japan)
Toru Kano, Japanese Patent Attorney

Free consultation — visit BrandAgent's English site