Varieties of Design Applications
The Design Act contains a plurality of unique systems that may not be seen in any other intellectual property rights. By understanding such Design Act-unique systems and applying them in combination with ordinary application or patent application, it is possible to obtain a broader and stronger right.
Related Design
Design registration of Related Design is a system for providing effective protection to plural varieties of designs created from one design concept.
The system makes it possible to provide broader protection to designs of high creativity.
((Registration Requirements))
1. An applicant to file application for design registration of Related Design needs to be identical with an applicant who has filed application for design registration of Principle Design
2. A design for which design registration of Related Design is granted is required to have similarities with Principle Design (no design registration is granted to a design that is similar only to a Related Design)
3. Application for design registration of Related Design has to be filed on or after a filing date of application for design registration of Principle Design and before a date when a design bulletin in which the application for the design registration of the Principle Design is published
4. A design that involves in general registration requirements such as novelty or as not being inherently presented
Partial Design
Design registration of Partial Design is a system that allows design registration of Design to be filed for one or a combination of partial shape, patterns, and colors of an article if they are of creativity and character (the combination of the shape, patterns and colors is referred to as a configuration).
The system makes it more possible to grant a right to a part that may be overlooked when design registration of Design is filed for the article as a whole, and thereby to prevent a third party from plagiarizing from it.
((Registration Requirements))
1. A design that involves in, as in a case of ordinary application, general registration requirements such as novelty or as not being inherently presented
2. A configuration that assumes a certain part of an entire article.
3. A design that can be identified by an individual part or by a general designation
4. A design cannot be a design for which design registration of Set of Articles has been granted
Secret Design
Design registration of Secret Design is a system for allowing an applicant to request that a registered design is kept in secret for a certain period after a date of registration of establishment of a design right.
The system makes it possible to protect a holder of a Design right from disadvantage on a manufacturing and marketing strategy caused by disclosure of the design
((Requirements for Request))
1. An applicant for design registration of Design needs to file a request. In the case of joint application, all applicants are required to file a request.
2. A period should be designated at the time of filing of a request or at the time of payment of registration fees for the first year. The period thus designated should be no more than 3 years from the date of registration establishing a design right.
3. Additional fees should be paid
Design for a Set of Articles
Design registration of Design for a set of articles is a system for protecting, as one design, two or more articles (a set of articles) that are used together and specifically designated by Ordinance of the Ministry of Economy, Trade, and Industry.
A right granted to a design can be enforced to a group of articles, e.g., a set of a coffee cup and a saucer, that constitutes an imitation as a whole.
The system makes it possible to provide proper and sufficient protection to creation of a system design.
((Registration Requirements))
1. Articles for which design registration of Design has been granted constitute a set of articles.
2. Two or more articles that are used together
3. A set of articles that is coordinated as a whole
4. A design of a set of articles as a whole involves in general registration requirements such as novelty or as not being inherently presented.
Dynamic Design
Design registration of Dynamic Design is a system for providing protection to a design whose configuration changes based on function of an article, and providing protection to a design whose configuration changes unpredictably from its resting state.
The system provides perfect right protection to a dynamic design, such as a jack-in-the-box type toy, whose design creation is focused on unpredictability that appears after a change takes place.
In application for a design registration of Dynamic Design, drawings that show configurations occurred before and after a change require to be filed.
((Registration Requirements))
1. One design
2. A configuration of an article changes based on a function of the article.
3. A configuration of an article occurred after a change cannot be predicted from its resting.
4. A design involves in a visible change, and the change is coordinated.
Flow of Application for Design Registration of Design
Tips for Creating a Drawing
1. Create drawings in a same sale by an orthographic method
2. 6 types of drawings, which are (1) a front view, (2) a back view, (3) a left side view, (4) a right side view, (5) a plane view, and (6) a base view, should be filed.
3. It is possible that a reference perspective view, a reference view showing a state of an article in use, a cross sectional view, or the like be filed so as to facilitate Examiner’s understanding
4. It is possible that a photograph, a format, or a sample be filed instead of a drawing
OSAKA
