Utility Model Act Article 5: Application for Utility Model Registration
In an application for utility model registration, drawings are mandatory attached documents. If drawings are not attached, an amendment order under Article 6-2 will be issued.
(In patent applications, attaching drawings is not mandatory, although there are many cases where it is easier to explain using drawings.)
In an application for utility model registration, there is no obligation to disclose prior art (inventions publicly known through documents, which corresponds to patent literature in patent applications) to the authorities.
The Utility Model Act does not have a system equivalent to the foreign language written application system of the Patent Act.
・Utility Model Act Article 5
(Application for Utility Model Registration)
Article 5: A person who wishes to obtain a utility model registration must submit a request to the Commissioner of the Japan Patent Office stating the following matters:
(i) The name and domicile or residence of the applicant for utility model registration
(ii) The name and domicile or residence of the creator
2. A specification, scope of claims for utility model registration, drawings, and an abstract must be attached to the request.
3. The specification referred to in the preceding paragraph must state the following matters:
(i) The title of the device
(ii) A brief description of the drawings
(iii) A detailed description of the device
4. The detailed description of the device referred to in item (iii) of the preceding paragraph must be stated in a clear and sufficient manner to enable a person having ordinary skill in the art to which the device pertains to carry out the device, as provided by Order of the Ministry of Economy, Trade and Industry.
5. The scope of claims for utility model registration referred to in paragraph 2 must state, in separate claims, all matters that the applicant for utility model registration finds necessary to define the device for which they wish to obtain utility model registration. In this case, it does not preclude a device pertaining to one claim from being identical to a device pertaining to another claim.
6. The statement in the scope of claims for utility model registration referred to in paragraph 2 must comply with the following items:
(i) The device for which utility model registration is sought is stated in the detailed description of the device.
(ii) The device for which utility model registration is sought is clear.
(iii) The statement for each claim is concise.
(iv) It is stated as otherwise provided by Order of the Ministry of Economy, Trade and Industry.
7. The abstract referred to in paragraph 2 must state a summary of the device described in the specification, scope of claims for utility model registration, or drawings, and other matters specified by Order of the Ministry of Economy, Trade and Industry.
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