Design | 弁理士法人 R&C

Service Guide

02Design

What is the design system?

The design system serves to protect designs of articles such as the shape, color, and pattern of an article by granting exclusive rights (under Article 23 of the Design Act) to designs for which design applications have been filed and which satisfy prescribed requirements (such as those under Article 3 of the Design Act). Once an exclusive right has been granted, the applicant is permitted to use the design exclusively for 25 years from the filing date.

Advantages of obtaining design rights

For Defense

Exclusively use your designs
Prevent other companies from filing an application for an imitation
Promote your designs

For Offense

Prevent other companies from imitating your designs
Demand an injunction (*1), damages (*2), and measures to restore credibility (*3) against infringement
Discourage other companies from entering your markets

*1: The right holder is entitled to demand discontinuation of sale or recall of the infringing article, and/or elimination of production equipment.
*2: The right holder is entitled to demand damages in compensation for infringement.
*3: The right holder is entitled to demand that the infringer should take such measures as advertising a public apology if the right holder's credibility has been damaged by infringement.

Others

Increase profits with license fees
Expand your business overseas

Service Guide

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	We help our clients in Japan take procedures with the Japan Patent Office.	We help our clients in Japan take procedures with patent offices in foreign countries.	We help our clients overseas take procedures with the Japan Patent Office.	We help our clients overseas take procedures with patent offices in foreign countries.
Filing an application	Suggesting design applications Preparing design drawings and request Taking various procedures to obtain a right	Suggesting design applications Helping select representatives in countries where applications are to be filed Preparing and translating design drawings and request in conformity to practice in foreign countries Taking various procedures to obtain a right	Preparing design drawings and request in conformity to Japanese practice Taking various procedures to obtain a right	Suggesting design applications Helping select representatives in countries where applications are to be filed Preparing and translating design drawings and request in conformity to practice in foreign countries Taking various procedures to obtain a right
After obtaining a right	Filing for an invalidation trial Filing for a lawsuit against appeal/trial decision Filing for an infringement lawsuit Offering expert appraisals	Helping file for an invalidation trial and an infringement lawsuit in foreign countries and offering expert appraisals	Filing for an invalidation trial Filing for a lawsuit against appeal/trial decision Filing for an infringement lawsuit Offering expert appraisals	Helping file for an invalidation trial and an infringement lawsuit in foreign countries and offering expert appraisals

Achievements

Flow of Design Right Acquisition

1	Consultation and interview about a design application draftsuggestion about a partial design or related design	suggestion about a partial design or related design
2	Preparation of design drawings and requestquality assurance by a patent attorney in charge	quality assurance by a patent attorney in charge
3	Filing of an application for design registrationformat checked by a patent attorney other than the patent attorney in charge	format checked by a patent attorney other than the patent attorney in charge
4	Responding to an official communicationsuggestions offered for obtaining an effective right	suggestions offered for obtaining an effective right
5	Decision of registration
6	Payment of a registration fee
7	Creation of a design right
8	Support after obtaining the rightmanaging annuity payment, taking measures against an invalidation trial, etc.	managing annuity payment, taking measures against an invalidation trial, etc.

Service Guide

Design

Features of our firm

R&C's patent attorneys specializing in design will be in charge of your applications and prepare design drawings in-house, so R&C is ready to rapidly and accurately respond to your application requests on short notice. R&C's patent attorneys also suggest application types and prepare drawings in view of preventing imitation by other companies and filing costs. In addition, the attorneys are well-versed in the design systems in foreign countries; R&C can help you take a series of procedures for obtaining not only a right in Japan but also rights in foreign countries as the applicant intends. R&C can also help you stop the import of infringing articles at the water's edge (file a motion for injunction with the customs director).