Domestic design system

What is a design search?

What is a design search?

This page introduces design searches.

Design search: Utilizing public databases (mainly a site called J-plat-pat) to check whether there are any previously registered designs similar to your company's design, and to compare the registered designs with your company's design to investigate the possibility of registration and the risk of infringement.

J-plat-pat accumulates information on four types of intellectual property, or what are called intellectual property rights: patents, utility models, designs, and trademarks.

You can see that there is a "Design" item on the home page of the J-plat-pat site map. Designs that have been applied for at the Japan Patent Office, registered, and published as design rights can be found in this item.

It is also possible to conduct a search by specifying not only the specific registration number of the design right as relevant information, but also the content of the right, such as "articles relating to the design."

Types of Design Searches

Design searches can be classified into several types depending on the purpose for which they are conducted:
The main types of design searches are as follows:

(1) Design Registrability Search:When filing a design application, we conduct a search to see if there are any prior designs that may prevent registration.
(2) Design Clearance Search:We investigate whether there is any risk of infringing on the design rights of others when implementing a design.
(3) Design invalidity search:We will examine whether your design right is a defective right that has been registered in error against someone else's design right.
For example, this type of investigation is useful when you receive a warning letter alleging infringement of a design right owned by another person.

 

Regarding (2), we will mainly use the J-plat-pat website to conduct an investigation to determine whether the registered design right is similar to the design being investigated.

On the other hand, the searches in (1) and (3) will be carried out by making full use of not only the above-mentioned websites but also literature, the Internet, catalogs, etc., while checking various information on designs.

Design rights are exclusive rights. The scope of design rights extends not only to designs that have already been registered, but also to designs that are similar to registered designs. Therefore, it is important to understand not only registered designs, but also designs that are in the vicinity of the registered designs, that is, designs that fall within the similar range of the registered designs.

If you infringe on another company's design right, even if it was unintentional, you may be subject to injunctive relief or claims for damages.
Also, for example, if a lawsuit were filed and it were widely reported in the news, it could damage a company's social image.
By conducting a design search in advance, you can not only determine the possibility of registration if you file an application, but also avoid the risk of infringing on another company's design rights.

Types and Timing of Design Searches

The type of design search varies depending on when it is carried out.
The following are just examples; we can tailor the survey content to suit your needs.

1) When considering development design

・Conduct design clearance searches

For example, a design clearance study is carried out once a number of design candidates have been identified at the planning stage.
It would be disastrous to unintentionally infringe on the rights of others, so by eliminating any designs that pose even the slightest risk of infringing design rights at the candidate selection stage, you can implement your design with peace of mind.

② Before filing a design application

・Conduct a prior design search

For example, once the design options have been narrowed down but before the final design has been decided, a design feasibility study may be carried out.
The results can be shared with designers and developers, helping to determine the final design policy. Also, knowing the possibility of registration before filing can help avoid unnecessary application costs.
By carefully considering the results of a design registration feasibility study, including related design applications, you can improve the efficiency of your design development and intellectual property strategy.

3) When a warning is received from a third party

・Providing materials for consideration regarding the validity of the other party's rights through invalidity investigations

In the intellectual property industry, it is possible that you may suddenly receive a warning letter one day.
In such cases, there is no point in rushing to respond.
First of all, it is important to carefully consider whether the claims made by the other party who has issued the warning are valid.
When responding, we will investigate the following information, for example:

  • Examine the contents of the design rights held by the other party
  • Carefully check the entire field to which the product related to the design belongs
  • Confirmation of the scope of rights of the registered design (the scope of designs that are judged to be identical or similar)
  • Analyze the commonalities and differences between the infringed design and the registered design, and ultimately determine whether they are similar
  • Verify the existence of materials that invalidate the other party's rights

When making an actual decision, it is necessary to carefully examine accumulated information, such as decisions of the Patent Office and courts.
Since specialized knowledge is required, we recommend that you do not make your own decision but rather consult with a patent attorney who is an expert.

Design search process

Use online sites to conduct design searches.
You can check for prior designs using the patent information platform J-PlatPat.
*For image designs, use Graphic Image Park, a search support tool for image design publications.

The specific steps are as follows:

(1) Setting search conditions

Set the investigation period. In the case of an infringement investigation, the investigation period is within the validity period of the right.
* In some cases, the accuracy of the investigation can be improved by going back further.
Japanese Design Classification Inquiry
The Japanese Design Classification is a classification code consisting of letters and numbers assigned to an item according to its use and function.
*Different classification codes do not necessarily mean that items are dissimilar.
Filter by D-term
This is a further subdivision of the Japanese Design Classification according to shape, pattern, etc. It is included in the Japanese Design Classification that came into effect on January 17, 1. An alphabet is added to the end of the Japanese Design Classification.
*Some products do not have D-terms.

 

If you know the design number of the design you are looking for, you can directly search for the design number. You can also narrow down your search by using keywords such as "description of the product related to the design" or the design owner.

(2) Extraction of registered designs

Registered designs will be extracted based on the search conditions set in (1). By broadening the search scope and extracting information, you will be able to make a more accurate judgment without omissions when reviewing the search results.

(3) Review of survey results

① Certification of the product's function, shape, novelty, and ease of creation, etc.
2) Evaluation of commonalities and differences
3) Judgment on similarity of the entire design

The survey results will be examined comprehensively based on the above perspectives.

How to build a stronger design network

Daily updates of information are essential to building a stronger design network.

It is important to collect comprehensive information on products, such as not only your own designs but also information on the scope of rights for other companies' designs and related designs.

If you have any questions regarding the contents of a design search, please consult a design expert.

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

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