Designating Japan via the Hague System vs Filing Directly: A Guide for Foreign Design Applicants

"We are filing a Hague application anyway — should we just add Japan?" "Japan refused our international registration. What now?" "Is it cheaper to file directly in Japan?"

Designating Japan through the Hague System is easy, but Japan is an examining office with its own practices. In this article, Japanese Patent Attorney Toru Kano of BrandAgent compares designating Japan through the Hague System with filing a design application directly at the Japan Patent Office (JPO), and explains what happens to your design once it reaches Japan.

*Information as of November 2026.

What you will learn

How the Hague System works and how Japan participates
Hague designation vs direct filing in Japan: a side-by-side comparison
How the JPO examines a Hague designation and the 12-month refusal period
Responding to a Japanese refusal through a Japanese patent attorney
Priority, priority documents and cost planning

The Hague System in brief

The Hague System lets you file one international design application with WIPO's International Bureau and designate multiple member countries and regions. Japan joined (Geneva Act) on 13 May 2015.

Hague basics

Language: English, French or Spanish
Designs per application: up to 100, if they belong to the same Locarno class
Fees: paid to WIPO in Swiss francs (basic fee, publication fee and a fee for each designated party)
Publication: normally 12 months after the international registration date, unless immediate publication or deferment is requested

An international registration is not automatically a right in every designated country. Each designated office examines the design under its own law and may notify a refusal within a fixed period. Where no refusal is issued, the design has the same effect as a national registration.

Hague designation vs direct filing in Japan

Item	Hague (designating Japan)	Direct filing at the JPO
Where you file	WIPO (one application, many countries)	JPO, through a Japanese patent attorney
Language	English, French or Spanish	Japanese
Japanese attorney at filing	Not required	Required (no Japanese address)
Drawings	One set for all designated countries	Prepared to Japanese practice
Examination in Japan	Yes (same substantive standards)	Yes
If refused	Respond through a Japanese patent attorney	Your Japanese attorney responds
Maintenance	Renewal of the international registration via WIPO (every 5 years)	Annual fees paid to the JPO

Advantages of designating Japan through Hague

One filing for many markets: if you also need Europe, Korea, the US or China, adding Japan to the same application is simple.
No Japanese translation or attorney at filing: you can file in English without appointing a Japanese representative.
Central management: renewals and ownership changes are recorded at WIPO for all designated countries at once.
No refusal, no local cost: if Japan does not refuse, protection is granted without a Japanese attorney being involved.

Disadvantages and risks

Where Hague designations of Japan go wrong

Japan examines substantively: novelty, creativity and formal clarity are all checked. Refusals are not unusual for Hague designations.
Drawings not made for Japan: drawings prepared for another office may have too few views, inconsistent shapes between views, or unclear indications of a partial design — common causes of Japanese refusals.
The article must be clearly identified: Japan protects a design together with its article (or image, building or interior). A vague product indication can trigger a refusal.
Unbudgeted response costs: once refused, you will need a Japanese patent attorney anyway, often under time pressure.

Which route should you choose?

Choose Hague when you are designating many countries, your drawings are clean and complete, and Japan is one market among several.
Choose direct filing when Japan is a key market, you want drawings and the article name optimized for Japanese examination from day one, or you plan Japan-specific strategies such as partial designs combined with related designs.
Combine them: many applicants use Hague for most countries and file directly in their most important examining offices.

How the JPO handles a Hague designation

An international registration designating Japan is treated as a design application filed with the JPO on the international registration date. It is examined by a Japanese design examiner under the same standards as a domestic application — no separate request for examination is needed.

Key Japanese deadlines

Refusal period: Japan notifies any refusal within 12 months of international publication.
Priority documents: if not submitted with the international application, they must be filed with the JPO within 3 months of the international publication date.
Paris priority: 6 months from your first design filing.

Responding to a Japanese refusal

If the JPO refuses your designation, the notification is sent through WIPO and the response must be filed with the JPO in Japanese. Applicants without a domicile or business office in Japan must respond through a Japanese patent attorney. A representative recorded at WIPO cannot act before the JPO.

Typical responses include written arguments, amendments to clarify the drawings or the article, or, where appropriate, a partial abandonment. Because the response period is limited, contact a Japanese attorney as soon as the refusal arrives — preferably with your original drawings and any CAD data, which help us judge what can be clarified without adding new matter.

How long until Japan decides? A simple timeline

Because Japan's 12-month refusal period runs from international publication, not from filing, the timing of publication matters:

Standard publication: about 12 months after the international registration date, followed by Japan's refusal period of up to 12 months. In the worst case, you may not know Japan's position until roughly two years after filing.
Immediate publication: if you need certainty in Japan sooner — for example because a launch or enforcement is planned — requesting immediate publication starts the refusal period earlier.
Deferred publication: deferment of up to 30 months is available under the Hague System (some designated parties allow less). This keeps the design confidential longer but also delays protection in Japan.

With a direct Japanese filing, the first action often arrives around 6–12 months after filing, which can be faster than the Hague route with standard publication.

Checklist before designating Japan

If you decide to use the Hague System, a little preparation greatly reduces the risk of a Japanese refusal:

Complete, consistent views: make sure all views show the same shape and that no surface of the design is left unclear.
A specific product indication: describe the product concretely, in a way that tells the examiner what it is and how it is used.
Partial designs clearly marked: if you claim only part of the product, show the disclaimed portions consistently (for example in broken lines) and explain this in the description.
Priority documents: submit them with the international application, or diary the 3-month deadline after publication for filing them with the JPO.
Key products: for your most important products in Japan, consider a direct Japanese filing — or have a Japanese attorney review the drawings before the Hague filing.

Cost planning

For a direct filing, the JPO charges JPY 16,000 per design at filing, and annual fees of JPY 8,500 per year for years 1–3 and JPY 16,900 per year for years 4–25 (only year 1 is required at registration).

For a Hague designation, Japan's individual designation fee is paid to WIPO in Swiss francs together with the other international fees. Amounts change from time to time and depend on the number of designs, so please check WIPO's Hague Fee Calculator for the current figure rather than relying on older articles.

Whichever route you choose, budget for at least one possible response in Japan. Attorney fees vary by case — we are happy to give a free quote, including for a refusal you have already received.

FAQ

Q. Do we need a Japanese attorney to designate Japan in a Hague application?
A. Not at filing. You will need one if Japan issues a refusal, or for other procedures before the JPO.
Q. How long does Japan have to refuse our design?
A. 12 months from the international publication.
Q. Is a Hague designation weaker than a direct Japanese registration?
A. No. Once protection is granted, it has the same effect as a Japanese registration. The difference lies in how well the application is prepared for Japanese examination.
Q. We received a Japanese refusal through WIPO. Can you help?
A. Yes. Send us the refusal and your drawings; we will explain the reasons in English or Chinese and propose a response.
Q. Can we pay in JPY?
A. Yes. We accept bank transfer and PayPal (JPY). Every case is handled personally by a licensed Japanese patent attorney.

Key points

Japan has been a Hague member since 13 May 2015 and examines designations substantively.
Hague suits multi-country filings; direct filing suits applicants for whom Japan is a key market.
Japan's refusal period is 12 months from international publication.
Refusals must be answered through a Japanese patent attorney.
Check Japan's individual fee on WIPO's fee calculator; budget for a possible response.

Planning to register your design in Japan?
Whether you are choosing between Hague and direct filing or have already received a Japanese refusal, send us your drawings — we will reply with our advice and a free quote.

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

Free consultation — visit BrandAgent's English site