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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 System Partial Design System Design for a Set of Articles System Dynamic Design System Design of Screen Layout Secret Design System Claiming lack of novelty

Related Design System

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.

The rule of first-to-file is used in design law, in principle, even if the same applicant applies for two or more of the same or similar designs, only the prior application will be registered. However, in order to protect variations of designs, only if the application is filed by the same applicant before the publication of the design gazette for the principle design, this can be protected exceptionally by related designs, and the rights of each design can be exercised.

Depending on acquiring the rights to a design that has not been completely adopted, it is possible to expand the related scope of designs. Namely, if viewed from the standpoint of requesting an injunction, it is possible to do so through the use of broad scope of rights.


(1) Necessary registration requirements for related designs
①Then applicant to file an application for of Related Design must be identical with the applicant who filed the principle design application
②A Related Design is required to have similarities with the Principle Design (no design registration is granted to a design that is only similar to another Related Design)
③The application of a Related Design must be filed on or after the filing date of the Principle Design and before the publication of the Design gazette
④The principle design rights have not come into affect yet
⑤A design that meets the general registration requirements such as novelty or requires a high-level of creativity, etc.

(2) Important Pointes About Related Designs
The design rights of related designs, as a principle, are recognized to have the same individual effectiveness as regular design rights.
However, the length of related design rights expire 20 years from the registration date of the principle design. Also, the transfer of related design rights, pledge, and exclusive licenses cannot be conducted separate from the rights of the principle design nor handled individually.

Partial Design System

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.

(1) Necessary registration requirements for partial designs

① A configuration that assumes a certain part of an entire article. [Rejected] (From the design examination standards 71.4.1.1.4) “Concrete Block for construction”

② A design that can be identified by an individual part or by a general designation [Accepted] (From the design examination standards　71.4.1.1.6) “Items used for packing”

[Rejected] (From the design examination standards 71.4.1.1.6)) “Items used for packing”

③ Each part or each part that can be given a general name must be shown　

[Rejected] (From the JPO homepage, Partial Design Q&A) “Pattern on a textile product”: The pattern alone cannot become a registered partial design. It is necessary to file a design application for each article to be registered 【Article】 Pattern on a textile product 【Explanation of Design】 The parts only displayed in a solid line can be registered as a partial design 【Drawing】

[Accepted] (From the JPO homepage, Partial Design Q&A) "T-Shirt"

④ Cannot be a design for which design registration of Set of Articles has been granted

⑤ A design that meets the general registration requirements such as novelty or requires a high-level of creativity, etc.


(2) The effect of partial design rights
The rights of a partial design, same as a regular design, extend to the scope of the same or similar designs.
However, the points below judge the scope of a partial design.

① If there is a same or similar design article
② If there is a part with the same or similar use or function
③ If there is a part with the same or similar shape
④ If there is a part of the entire shape that is relevant to the position, size, scope that is the same or within the ordinary scope

Design for a Set of Articles System

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.
For example where a coffee cup and a saucer set constitute a whole item, they can be applied for together in the same application, which it is then possible to obtain a right to protect said group of articles against imitation.


(1) Necessary registration requirements for a set of design articles
① The Ministry of Economy, Trade and Industry approve the goods specified in the “article” section of the first page of the application.
The Ministry of Economy, Trade and Industry have stipulated 56 varieties of articles.
→List of applicable articles which can be applied as sets (Enforcement regulations Art. 8, attached table 2)

② Two or more articles that are used together

③ A set of articles that is coordinated as a whole
■Examples of set of design articles■
1) Items that are molded the same way to have a similar shape or pattern
[Examples] (From the design examination standards　72.1.1.3.1.1)

・ "A cruet set"

・ "Silverware set (knife, fork & spoon)"

2) Together they form a shape or display a pattern
[Examples] (From the design examination standards　72.1.1.3.1.2)

・ "A set of chairs"

・ "a set of tables"

3) Items that give the impression of being related through the concept of a story, etc.
[Example] On each article there is a picture of a pine tree, bamboo, or plum, etc.

④ A set of design articles as a whole that satisfy the general registration requirements such as novelty and a high-level of creativity.