Notes when submitting documents of exception in regard to lack of novelty, and when submitting priority documents, at the time of filing international design applications

As of October 1, 2021, applicants who designate Japan as the designated country and who wish to make a declaration of exception to lack of novelty, or who wish to claim priority, may submit the necessary documents outlined below, when filing international applications.

Document of Exception to Lack of Novelty

• Please refer to the following URL (link) regarding the format for the documents.
• Please select "Japan" in Item 15* on DM/1. If you do not do so, it will be deemed that you are not making a declaration of exception to lack of novelty to the Japan Patent Office(JPO), even if you submit documents in this regard in ANNEX II.
  Please note that if for some reason it is determined that you have not made a declaration of exception to lack of novelty to the JPO, you may make a declaration of exception to lack of novelty by submitting the necessary document(s) to the JPO within 30 days from the date when the international registration was published.
• Please note that in case the number of the design written in ANNEX II is different from the number written in Item 15* on DM/1, it may be determined that you did not submit the document for the design that you intended.
• Please note that even if you select "Japan" in Item 15* on DM/1, but you do not submit the necessary document(s) at the time of filing your application, or if you fail to submit the necessary document(s) to the JPO within 30 days from the date of publication of the international registration, it shall be deemed that you have not legally made a declaration of exception to lack of novelty to the JPO.
• In addition, please note that any transactions/procedures that you need to conduct with the JPO must be conducted through your representative who must be either domiciled in or a resident of Japan.

* When filing through eHague, please refer to the field "Declaration Concerning Exception to Lack of Novelty".

Priority Document

• Please note that in case the number of the design written in ANNEX V is different from the number written in Item 13* on DM/1, it may be determined that you did not submit the document for the design that you intended.
• When attaching priority documents that have been issued in writing through eHague, please scan the documents in full color first and then upload them.
• You do not have to submit priority documents when using the DAS. If the country or office of earlier filing participates in the DAS as a “depositing office” with respect to design applications, it is advised to indicate the DAS access code separately in Item 13* on DM/1.
• At the time of filing, if you submitted priority documents but since then have received the notice "Important Notice for Hague Users” and/or "Final Notice" from the JPO, the documents and/or priority details that you submitted might have been incomplete. Under this circumstance, please re-submit the priority documents to the JPO either in accordance with the instructions written in the notice, or request a correction to the International Bureau of WIPO.
• In addition, please note that any transactions/procedures that you need to conduct with the JPO must be conducted through your representative who must be domiciled in or a resident of Japan.

*When filing through eHague, please refer to the "Priority" field.

[Last updated 9 November 2021]

Contact

Office for International Design and Trademark Applications Japan Patent Office E-mail: PA1BD0@jpo.go.jp Fax: +81-3-3580-8033