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With the rapid expansion of cross-border e-commerce, the threat of counterfeit and pirated products...
In 2026, the world economy will be in the midst of three major trends: rapid social implementation of AI technology, acceleration of green transformation (GX), and rising geopolitical risks. These changes in the business environment are forcing companies to fundamentally change their intellectual property (IP) strategies.
In the fields of patents, trademarks, and designs, legal revisions and new systems are being implemented one after another, and there are an increasing number of situations that cannot be handled simply by continuing with the conventional methods. In this article, we will comprehensively explain the latest trends that corporate IP personnel and management should keep in mind in 2026, using the three pillars of patents, trademarks, and designs.
Each section provides detailed explanations of not only the key points of system reform, but also what specific actions companies should take. Please read until the end and use it to review your company's IP strategy.
📑 Table of Contents
Chapter 1 Patent Trends - Generative AI/GX/Economic Security
The patent field in 2026 will be at a major turning point against the backdrop of technological advances and changes in the international situation. In particular, the handling of generative AI-related inventions, patent strategy for GX (green transformation) technology, and non-disclosure system based on economic security are the three most important themes that influence a company's patent strategy.
1-1. Generative AI and patents - from inventor issues to practical solutions
As generative AI permeates the field of business and research and development, fundamental questions such as ``Can inventions created by AI be subject to patent protection?'' and ``Can AI be an inventor?'' have been debated around the world. As of 2026, the positions of each country on this question are almost converging.
In Japan, the revised version of the "Case Studies on the Examination of AI-Related Inventions" published by the Japan Patent Office re-clarified the principle that "AI is only a tool and the inventor is limited to natural persons (human beings)." A similar direction has been indicated in the United States, Europe, and the United Kingdom, and an international consensus has been formed through the DABUS case (a case in which an application was filed as the inventor of AI "DABUS").
However, the actual practical issues are still to come. Clear standards have yet to be established regarding the extent to which humans need to demonstrate their "creative contribution" in inventions created using AI. In the R&D department of a company, it is essential to create an "invention history document" that records in detail the process of using AI tools and clearly documents what decisions and instructions were given at what stage.
Furthermore, the number of applications for software-related inventions using generative AI is rapidly increasing, and we are now in an era in which intellectual property practitioners are required to have claim drafting skills related to AI model architecture and training methods.
💡 International conclusion on the AI inventor problem
As of 2026, the principle that "AI itself cannot be an inventor" has been established in Japan, the United States, Europe, and the United Kingdom. What companies need to address is how to prove the creative contribution of humans using AI as a tool. Set up a system to record your invention process now. Development logs, the history of prompts to the AI, and records of human selections and corrections provide the basis for future enforcement.
1-2. GX patent strategy - IP protection of green technology
GX (Green Transformation) aimed at achieving carbon neutrality will remain at the forefront of global policy issues in 2026. Under the "GX Promotion Strategy," the Japanese government is accelerating technological development toward achieving carbon neutrality in 2050, and trends in patent applications are changing significantly accordingly.
The Japan Patent Office continues to operate the Green Accelerated Examination System to support the early patenting of green-related technologies. By utilizing this system, patent examination, which normally takes more than 10 months, can result in initial examination results (first action) in about 2 to 3 months from the filing of the application, allowing you to acquire rights at the speed of your business.
The target technology fields are wide-ranging, including renewable energy (solar, wind, hydrogen), storage and battery technology, CO2 capture and storage (CCS/CCUS), energy-saving technology, and circular economy (recycling and reuse) technology. EV-related features in the automobile industry and biomass material patents in the materials industry can also benefit from this system.
Furthermore, from an international perspective, the licensing and technology transfer of green technologies through international platforms such as WIPO GREEN is becoming more active, and strategically building your own GX-related patent portfolio will also lead to securing new sources of licensing revenue.
⚡ Take advantage of GX early examination
If you have an invention that falls under green-related technology, we strongly recommend that you use "Green Accelerated Examination." Since the examination period is significantly shortened compared to regular examinations, it is possible to acquire rights in accordance with the timing of the business. Please consult with an expert to determine whether the technology falls under the applicable technology.
1-3. Economic security and patent application nondisclosure system
The Patent Application Non-disclosure System (based on the Economic Security Promotion Act), which went into effect in May 2024, will enter full-scale operation in 2026, and its impact on companies will become more concrete. This system protects patent applications related to technologies important for national security without disclosing their contents.
Technical fields that may be subject to the system include advanced semiconductor technology, quantum computing, space-related technology, advanced materials (particularly defense-related), cybersecurity technology, and nuclear power-related technology. Patent applications containing inventions in the relevant technical field undergo a primary examination (screening) by the Japan Patent Office, and then the Cabinet Office conducts a preservation examination to determine whether a "preservation designation" is necessary.
If you receive a preservation designation, the contents of your application will not be made public, and there may be restrictions on the practice of your invention. In addition, foreign applications must first be filed in Japan (first country filing obligation), and if you file a foreign application without permission, you will be subject to penalties.
Companies need to check in advance whether their R&D themes fall under the technology covered by the nondisclosure system, and if so, review the application flow. In particular, for companies with overseas bases or companies developing filing strategies globally, responding to first country filing obligations is a top priority.
🚨 Non-disclosure system - Compliance notes
If you directly file a foreign application for an invention that falls under the technology covered by the patent application non-disclosure system without filing an application in Japan, you will be subject to penalties as a violation of the law. Companies involved in research and development in the field of cutting-edge technology should be sure to check the applicability of the subject technology before filing an application and update their internal application flow. If you are unsure, we strongly recommend consulting with a financial security expert.
Chapter 2 Trademark Trends - Consent System, Metaverse, Misappropriated Applications
In the trademark field, the practical implementation of the consent system that came into effect in April 2024 is getting on track, and key trends in 2026 include brand protection strategies in response to the Metaverse/Web3 era, and countermeasures against fraudulent applications overseas, which are still a serious issue.
2-1. Full-scale operation of the outlet system
🟢 What is the outlet system
The consent system is a system that allows concurrent registration when there is an application for a trademark similar to a previous registered trademark by obtaining the "consent" of the prior right holder. It will come into effect on April 1, 2024, and practical operational know-how will be accumulated by 2026.
Previously, registration was generally refused if a similar prior trademark existed. With the introduction of the consent system, co-registration is possible through negotiation and agreement with the prior right holder, greatly improving the flexibility of brand strategy. However, it should be noted that if there is a risk of confusion among consumers, registration may not be approved even if consent is obtained. When creating a consent agreement between companies, it is important to clarify the scope and conditions of use.
2-2. Brand protection in the Metaverse/Web3 era
🟢 Brand protection in virtual space is urgent
As business development in the Metaverse and Web3 spaces accelerates, the importance of trademark protection in virtual spaces is rapidly increasing. In order to support the sale of products (virtual goods) and provision of services in virtual space, it has become more important than ever to select the classification and designated goods/services when filing a trademark application.
In order to achieve brand protection in the metaverse space, it is necessary to register trademarks in an appropriate category not only for products and services in the real world but also for digital goods and services provided in the virtual space. For example, when selling virtual fashion items, it is necessary to consider not only real clothing (Class 25) but also classification as digital goods in virtual space.
Brand protection related to NFTs (non-fungible tokens) is also an important theme. Brand logos and characters are increasingly being used as NFT art and NFT collectibles, and to prevent unauthorized use, it is essential to obtain trademarks in the digital asset field.
⚡ Metaverse trademark classification coverage
For brand protection in the Metaverse, we recommend covering the following categories at a minimum.
Category 9: Downloadable virtual goods (virtual goods), computer programs
Category 35: Provision of benefits to customers in the retail or wholesale business of goods in virtual space (Online Marketplace)
Category 41/Category 42 etc. should also be considered as necessary
Also, please continue to maintain classifications that correspond to existing businesses in the real world (e.g. Category 25 for clothing).
2-3. Measures against overseas fraudulent applications
🟢 What is a fraudulent application (rush application)
A misappropriated application is an act in which a third party who is not the original rights holder applies for or registers a trademark for another person's brand name or logo without permission. In particular, fraudulent applications for Japanese corporate brands continue to occur frequently, especially in China and Southeast Asia, and will continue to be a serious problem as of 2026. If a misappropriated application is left unaddressed, it not only hinders the overseas expansion of your own brand, but also risks encouraging the distribution of counterfeit products.
The following approach is effective as a countermeasure against fraudulent applications. First of all, in countries with first-to-file principles (such as China), the most effective preventive measure is to file a trademark application early from the planning stage of overseas expansion. Next, we will regularly monitor trademark publications in each country to establish a system to detect misappropriated applications at an early stage and counter them through opposition and invalidation trials.
In China, the 2019 amendment to the Trademark Law strengthened the rejection provisions for "bad-faith applications not intended for use," but in practice, a complete solution has not yet been reached. It is also an important strategy to protect your brand in multiple countries at the same time by filing international applications using the Madrid Protocol (Madpro).
🚨 Risk of neglecting fraudulent applications
If you ignore fraudulent applications overseas, not only will it be difficult for you to enter the local market with your own brand, but there have also been reports of cases in which you are charged license fees by the fraudster, and your genuine products are detained at customs. If you are considering expanding your business overseas, it is essential to apply early and establish a monitoring system in the target country.
Chapter 3 Design trends - UI/UX image designs, buildings, and related designs
Six years have passed since the Design Act was largely revised in 2020, and the number of applications and registrations for image designs, buildings, and interior designs that are newly subject to protection is steadily increasing. By 2026, practical operations in these fields will have further matured, and design rights will become increasingly important in corporate design strategies.
3-1. Expansion of applications for UI/UX image designs
💡 Scope of protection for image designs
Due to the 2020 revision of the Design Law, not only images displayed on goods but also images and UI designs provided on the cloud are now subject to design registration. Design protection for digital products, such as smartphone app UIs, web service interfaces, and IoT device operation screens, is rapidly expanding. In 2026, applications for dashboard UI for SaaS products and interaction design in AR/VR space will also be on the rise.
In design applications for UI/UX design, it is possible to apply for changing images (animated UI) and multiple screens that make up a series of operation flows. Additionally, by utilizing the partial design system, it is possible to protect only specific UI elements (buttons, icons, navigation areas, etc.) rather than the entire screen.
For companies that develop design-driven products, a comprehensive IP strategy that combines patents (functional protection) and designs (design protection) is effective. Consider strategic use of image design as a strong deterrent against competitors' UI imitations.
3-2. Design protection for building and interior design
💡 Design registration for buildings and interiors
Building exterior design and interior design, which were newly protected under the 2020 revision, are important intellectual property in the branding of stores, offices, and commercial facilities. In particular, there is a growing movement in the retail, restaurant, and hospitality industries to protect unique store designs with design rights. By 2026, the number of registered interior designs for coworking spaces and showrooms will increase.
In an interior design application, the object of protection is the ``uniform aesthetic sense of the interior as a whole'' consisting of a combination of furniture, fixtures, lighting, wall decoration, etc. A major feature is that it is possible to obtain rights to the total design of a space, rather than individual fixtures or furniture.
However, design applications for buildings and interiors require different know-how from traditional product design, such as preparing drawings and proving novelty. Specialized application skills are required, such as creating design drawings from architectural drawings and CAD data, and clarifying points of differentiation from publicly known designs.
3-3. Strategic use of related design systems
💡 Expansion of related design systems
With the Related Design System expanded in the 2020 revision, it is now possible to apply for a related design within 10 years from the filing date of the main design. This allows us to build protection as a design family over a long period of time in response to product design variations and model changes.
The related design system is a system to systematically protect multiple variations derived from one design concept. For example, when a car undergoes a full model change, by starting with the basic design (main design) and applying for minor changes or designs of different grades as related designs, it is possible to build a rights network that covers the evolution of the design.
In addition, the term of rights for related designs is 25 years from the filing date of the main design (applicable to applications after the 2020 revision), so long-term design protection is possible. This system is particularly effective for design strategies for products with long product life cycles, such as home appliances, automobiles, and furniture.
2026 IP trend comparison table
| Field | Trends to watch | Impact on businesses | Recommended action |
|---|---|---|---|
| Patent | Generative AI invention/GX technology/disclosure system | A review of the application process is essential, increasing the importance of invention records | Establishment of recording system for AI inventions, utilization of GX accelerated examination, introduction of non-disclosure system check flow |
| Trademark | Consent system / Metaverse compatible / Misappropriated application | Multidimensional brand strategy and ability to respond to overseas risks are required | Additional classification for virtual space, establishment of overseas monitoring system |
| Design | UI/UX image design/architectural interior/related design | Rapidly expanding scope of design asset rights | Design application for digital UI/store interior, long-term protection for related designs |
Chapter 4 Actions companies should take + Summary
Based on the latest IP trends for 2026 that we have explained so far, we will organize three specific actions that companies should take immediately.
✅ Action 1: IP inventory and portfolio restructuring
First, take inventory of your company's existing IP portfolio (patents, trademarks, designs). We will check to see if there are any unacquired rights in fields that have become newly protected due to legal reforms since 2020 (image designs, architectural interiors, trademarks in virtual space, etc.). In particular, for core technologies and core brands, it is ideal to build a multi-layered protection system based on the three pillars of patents, trademarks, and designs. Aim for a highly cost-efficient portfolio by sorting out unnecessary rights.
✅ Action 2: Adapt internal flow to new system
In order to take advantage of new systems such as the patent application non-disclosure system (first country filing obligation), utilization of the consent system, and application for GX accelerated examination, it is essential to update the internal application and management flow. In particular, please review the collaboration system between the research and development department, legal department, and intellectual property department, and prepare checklists and flowcharts that are compatible with the new system. Let's create a system to prevent omissions in compliance with the system, including a system for recording AI-based inventions.
✅ Action 3: Strengthen global IP strategy
Companies looking to expand their business in overseas markets need to comprehensively review their early trademark filings as a countermeasure against misappropriated applications, international trademark registration using Madpro, and international patent strategies using PCT applications. In particular, when planning to expand into Asian markets (China and Southeast Asia), collaboration with a partner who is familiar with local intellectual property systems and business practices is the key to success. Consider using international platforms such as WIPO GREEN.
Summary
The intellectual property field in 2026 will be a year of great change, with technological innovation (AI/GX) and system reform (nondisclosure system/consent system) progressing simultaneously. For patents, the most important themes are support for generative AI and GX technology, for trademarks, brand protection in the metaverse era and countermeasures against fraudulent applications, and for designs, expanding protection to digital UI and architectural interiors.
What these trends have in common is that "IP management as an extension of traditional methods is insufficient." In order to respond to new systems and technologies and develop an aggressive IP strategy, it is essential to catch up on the latest information and utilize experts.
Intellectual property firm EVORIX provides strategic advice based on the latest trends in 2026 in all fields of patents, trademarks, and designs. If you would like to review your company's IP strategy, please feel free to contact us.
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Intellectual property Patent Trademark Design 2026 trends Generation AI GX Economic Security Metaverse Outlet system UI/UX design EVORIX
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).
