Revisions to Japanese Utility Model Law in 2004 became effective April 1, 2005 .

1. Terms of Utility Model Rights

The term for utility model rights has been revised from 6 years to 10 years, for which the filing date is on or after April 1, 2005 .

2. Conversion to a Patent Application

A utility model application may be converted into a patent application within 3 years from the date of filing a utility model application, even for cases in which the utility model application has been registered. In case a utility model application is converted to a patent application, the utility model application must be withdrawn. However, if the applicant/registrant has filed a request for registrability report, it is not possible to convert the utility model application/registration to a patent application even if it is within three years from the filing date. In case a third party has filed a request for a registrablity report, it is possible to convert the utility model application/registration to a patent application as long as it is within 30 days from the receipt of notice that a request for a registrability report has been filed by the third party. When a registered utility model is in a trial for invalidation (a demand for trial for invalidation was filed), it is not possible to convert to a patent application after the deadline for submitting the first written reply to the demand for trial.

3. Amendment after Registration

Before the revisions became effective, only cancellation of claims was acceptable. However, after the revisions became effective, for applications filed on or after April 1, 2005 , it is possible to amend the claims, specification or drawings after registration.

There are limitations to amendments that can be made under the revised law. Amendments should further restrict claims without adding previously unclaimed subject matter to claims, as well as further restrict the specification and drawings, and correct errors, or clarify ambiguous description. Such an amendment can be filed only once, and the amendment cannot be filed in the following situations:

1. After two months from the receipt date of the Registrability Report,
2. After the due date for filing the first written reply in a trial for invalidation (a written reply must be filed within three months from the forwarding date of a copy of a request for a trial for invalidation.)

4. Reduction of Registration Fee

Filing Fee and Registrability Report Fee remain the same.

Comparison Schedule (Official fee only)