Industrial Property Rights: Differences Between Patents, Utility Models, Designs, and Trademarks | IT Passport Exam Prep

What Are Industrial Property Rights?

Industrial property rights are a subset of intellectual property rights that cover four types of rights related to industry. Specifically, these are patents, utility models, designs, and trademarks. All four are granted through a registration system—rights arise only after filing an application with the Japan Patent Office and receiving registration. This contrasts with copyright, which follows a no-formality system.

Comparison Table of the Four Types

Characteristics of Each Right

Patent

A patent protects advanced creations of technical ideas that utilize the laws of nature. It undergoes examination, requiring novelty and inventiveness. The protection period is 20 years from the filing date, with a possible extension of up to 5 years for pharmaceuticals.

Utility Model

A utility model can be thought of as a smaller version of a patent, limited to the shape or structure of an article. No examination is required—rights arise simply upon registration—and the protection period is 10 years.

Design

A design right protects the external appearance of an article, including its shape, pattern, and color. Following a 2020 legal revision, the protection period was extended to 25 years.

Trademark

A trademark protects signs used to distinguish a company's goods or services from those of others. It is the only one of the four industrial property rights that can be renewed, allowing the right to be maintained semi-permanently by renewing every 10 years.

Key Points for the IT Passport Exam

In the IT Passport exam, questions frequently ask you to correctly match each of the four rights with its protected subject matter. Numerical questions about protection periods are also common. Be sure to remember that only trademarks are renewable.

Typical Past Exam Question Patterns

• "Which right protects the design of an article?" → Design
• "Which industrial property right has a renewable protection period?" → Trademark

Related Terms

• Copyright Law (Basics of Copyright Law) — Comparison with industrial property rights
• Unfair Competition Prevention Act (Unauthorized Access Prohibition Law and Unfair Competition Prevention Act)

Study Tips

A good way to remember the four rights is with the keywords: "Idea (Patent)," "Minor invention (Utility Model)," "Design (Design)," and "Brand (Trademark)." Memorize the protection periods as a set: "20, 10, 25, 10 (renewable)." Also, note the key difference from copyright: industrial property rights follow a registration system (registration required), while copyright follows a no-formality system.

Summary

By accurately memorizing the protected subject matter and protection periods of the four rights, you can reliably score points on industrial property rights questions. For a comprehensive review of the Strategy domain, check out the Strategy Summary, or to practice in a simulated exam format, try the Practice Exam.