Domestic design system

What is the novelty required for design registration? We will explain in detail about the novelty of designs, including exceptions!

Novelty in Design Law

1. In the beginning

A design is the shape, pattern, color, and combination of these of an item, i.e., the exterior design of an item, and includes the shapes of buildings and their interiors, operation screens, etc. The design of parts of an item is also included in a design.

Designs protected under the Design Law must be unique, but novelty, i.e., whether the design is the newest in the world and whether it is similar to any designs already known to the public, is also an important requirement for registration.

This article provides a detailed explanation of novelty of design.

2. What is novelty of a design?

As mentioned above, designs protected under the Design Act are required to be novel.

Therefore, if, at the time of filing the design application, the design and designs similar to it were publicly known throughout the world or available via the internet or otherwise, then the design lacks novelty.

In other words, in order for a design to be registered, a new design that has never existed before must be created.

In addition, the design must be unpublished. A design that has been disclosed to the public prior to filing an application does not meet the requirements for registration because it lacks novelty, even if it is a design that the applicant has disclosed himself/herself. (Exceptions will be discussed later.)

3. Related Provisions

The requirements for novelty of a design are stipulated in the Design Act as follows:

[Article 3, Paragraph 1 of the Design Act]
Anyone who creates a design that is industrially applicable may obtain a design registration for that design, except for the following designs:
① A design that was publicly known in Japan or abroad prior to the filing of the design registration application (publicly known)
② A design that was described in a publication distributed in Japan or abroad or that became available to the public through an electric communication line prior to the filing of the design registration application (publicly known in literature or on the Internet)
③ Designs similar to the designs listed in the preceding two paragraphs

① A publicly known design is a design that is publicly known before registration. This includes not only designs that are widely known in general, but also designs that have been made public to an unspecified number of people. Designs that are already known not only in Japan but also in other countries do not have novelty.

② “Public knowledge in literature” or “Public knowledge on the Internet” refers to knowledge that has been published in books, magazines, newspapers, etc., or on the Internet, and is treated as knowledge that has been made publicly available.

③ Under the Design Act, not only designs that are identical to publicly known designs, but also similar designs cannot be registered as they lack novelty.

4. How to determine novelty

The determination of novelty is made by comparing the publicly known design with the design being applied for. A design that is deemed to be identical or similar to a publicly known design will be rejected as lacking novelty.
A comparison between the publicly known design and the applied design is carried out using the following methods:

① Identification of the gist of the two contrasting designs
② Identification of commonalities and differences in the uses and functions of the articles to which the designs are compared
③ Identification of commonalities and differences between the shapes, etc. of the two designs being compared
④ Evaluation of the commonalities and differences between the two designs being compared (evaluation of the relative impact)

In addition, if the design of a part or partial design that can be individually recognized from the published design is identical or similar to the design applied for, it will also be considered to lack novelty.

5. The Importance of Novelty in Designs

Novelty in design attracts attention from customers in the market and gives a company a competitive advantage. Novelty makes it possible to provide products and services that are more attractive to customers, which in turn increases sales and profits for companies.

By creating novel designs, companies can maintain their competitiveness in the market and continue to grow. The Design Act aims to encourage the creative activities of these companies and improve their competitiveness by protecting new designs that have new value.

Registering designs is extremely important for maintaining the value that these companies have cultivated. Obtaining a design right also helps to appeal to business partners and consumers, and is expected to prevent other companies from manufacturing and selling imitations.

6. Exceptions to loss of novelty

If a design lacks novelty, it cannot be registered.

However, there are exceptions to the rule that treat a self-design that has been made public before filing as not having lost novelty under certain conditions. These are called exceptions to loss of novelty.

To apply this exception, the application must be filed within one year from the publication date of the published design. In addition, certain procedural requirements must be met.Read More

7. If you need help

If you are having trouble judging whether your company's design is novel, or if you have mistakenly announced it to the public before filing a design application, or if you have any other concerns regarding the novelty of your design, please feel free to consult a design expert.

We will guide you through the process as follows:

① You can visit our office or hold an online meeting to meet with a patent attorney specializing in design, based on the actual product or photos.
② Patent attorneys will consult with you to investigate whether your design is novel or not, and whether it is similar to other companies' designs.
③We will also make suggestions in line with the client's wishes, such as revising the design proposal based on the survey results.

For details, here.Please visit.

Please feel free to contact us regarding any inquiries about designs, patents, utility models, trademarks, and other intellectual property rights. Our patent attorneys specializing in designs are always available to answer your questions.

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