table of contents
What is Kumimono design?
It is stipulated that a design application must be filed for each design (Article 7 of the Design Act), and in principle one application can only include one article.
In other words, if an application describes multiple completely different products or separate products that have no functional or physical unity, registration will usually not be granted.
However, there is an exception where a design containing multiple items can be registered; this is called a "set of items design."
What is kummoning design?
A design for a set of items is one that is usually used together, such as a set of tableware, and has a unified design as a whole, so it can be registered as a set.
An example of such a registration is as follows:
| A set of desks (Design Registration No. 1571916) | A set of reception furniture (Design Registration No. 1674724) |
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| A pair of eating and drinking spoons and forks and knife set (Design Registration No. 1626598) | A set of car floor mats (Design Registration No. 1554784) |
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In these examples, the drawings contain multiple separate items, but as each item is named "a set of ____," the design is eligible for registration as a set of items.
What are the conditions for a design to be recognized as a set of objects?
The conditions under the Design Act for a design to be recognized as a set of objects are as follows:
(1) The design falls under the category of a set of designs as specified by the Ordinance of the Ministry of Economy, Trade and Industry.
The items that are recognized as designs for sets of articles are predetermined by the Ministry of Economy, Trade and Industry Ordinance and are summarized in a separate table. For example, "a set of food items" and "a set of musical instruments" are listed in this table. Sets that do not fall into any of the sets listed in this table are not recognized as designs for sets of articles.
(2) Two or more objects, buildings, or images are used simultaneously.
Even if they are used simultaneously, there is no problem as long as they are used within the scope of a series of uses.
For example, although we do not hold a spoon, knife, and fork in our hands at the same time when eating food, we usually use all three during the course of a meal, so these tools are considered to meet this condition.
(3) The whole piece must be unified.
Consistency is deemed to exist in the following cases:
・When the shape, etc. is expressed using a similar modeling process
| A set of food and drink containers |
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| From the JPO Design Examination Guidelines |
- When the whole set represents a single unified shape or pattern.
| A set of furniture |
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| From the JPO Design Examination Guidelines |
- When the shape or other aspects of the piece give the impression of a conceptual connection to the whole piece, such as a narrative
| A set of food and drink containers |
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| From the JPO Design Examination Guidelines |
What are the benefits of kummoning design?
The advantage of registering a design for a set is that you can protect the characteristics of the set. Since the design for a set takes into consideration the characteristic of having a unified design, if another company sells a set that imitates the characteristics, you may be able to exercise your rights even if the shape of other parts is slightly changed.
Consider a knife and fork set with a uniform design on the handles, as shown in the figure below.
When determining whether designs (shape, etc.) are similar, the structures of the two designs and the key parts that are key to determining whether they are similar are identified, and then these are compared to determine whether the two designs share a common aesthetic value.
As mentioned above, in the case of designs for sets of articles, registration is permitted on the condition that there is uniformity throughout the set, and therefore the characteristic of having a unified design is also taken into consideration when determining whether or not there is similarity.
As a result, in the examples below, although the designs of parts other than the pattern are slightly different, they share a unified design and may therefore be considered to be similar designs.
| The design of the braid | Counterfeit goods |
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| Adapted from JPO Drawing Manual | |
In addition, due to legal reforms in 2019, design registrations are now permitted for the assembly parts as well, so in the above example, it is also possible to register the parts other than the pattern by showing them with dashed lines.
On the other hand, if a design right is obtained on a stand-alone basis, for example in the example below, the design of the pattern part is common, but the designs of the parts other than the pattern are different.
Since the fact that there is a unified design is not taken into consideration, it is considered less likely to be determined to be a similar design than the example above.
| Single design | Counterfeit goods |
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| Adapted from JPO Drawing Manual | |
What are the points to be aware of (disadvantages) when designing joinery?
As explained above, designs for sets are different from ordinary design registrations in that they are exceptionally allowed to be registered as a set. Therefore, it is necessary to pay attention to the following points.
The rights do not extend to the implementation of parts of the set
Since designs for sets can be registered as a set, design rights also arise as a set.
Therefore, the right to design an assembly does not extend to the implementation of a single item.
For example, if a design is registered for a "tableware set," the article for which the design right exists is the "tableware set." On the other hand, if another company sells only a "cup" by itself, the article in question is the "cup."
The similarity of designs is determined first based on whether the articles are similar before considering whether their shapes, etc. are similar.
A "set of tableware" and a "cup" are considered to be dissimilar items.
Therefore, even if the shape of this “cup” is the same as one of the cups in a “tableware set,” since the items are different, it is a dissimilar design and the right does not apply.
You will not be able to patent some of the designs in the set later.
A design that has already been published prior to filing an application cannot be granted a design patent as it lacks novelty.
If a set is sold, etc., it will be considered to have been made public, and therefore, in principle, it will not be registered even if only part of the set is applied for after that*.
* If you file an application within one year of your disclosure by following the prescribed procedures, your invention may be recognized as novel as an exception. (Exceptions to loss of novelty)
For more details, please see the following page.
Regarding exception procedures for loss of novelty
In addition, even if the design of a set of articles is not disclosed for sale, if the design is registered and a public notice is published, this also constitutes disclosure.
Therefore, it is important to note that if you sell a product or apply for a design for an assembly, you may not be able to obtain rights for only some of the items in the set later.
Strategic filing
As mentioned above, the advantage of a set design is that the characteristic of having a unified design can be protected by a patent, but the disadvantage is that the rights do not extend to individual designs.
When filing a design application, we recommend that you also consider how your design may be imitated by other companies and consider your application method from a strategic perspective, such as whether you will be able to enforce your rights against those imitations.
For example, system kitchens are usually sold as a set, and it is considered unlikely that some shelves will be imitated and sold individually, so it is considered appropriate to apply for a design for an assembly.
On the other hand, in the case of tableware sets, it is highly likely that the cups and plates of the set will be sold separately. In such cases, as mentioned above as a disadvantage, the design rights for the set do not extend to the design of the individual items, so it is necessary to consider filing a design application for the cups, etc. separately.
*If a design application for a set of items is filed and the design is deemed appropriate as a set of items, a divisional application will not be permitted. In other words, after filing an application for a tableware set as a set of items, you cannot file a divisional application for just the cups, so be careful.
Finally
As a patent attorneys' office that comprehensively handles intellectual property such as not only patents but also designs and trademarks, we provide advice on various forms of designs, including assembly designs, from a strategic perspective tailored to our clients' industries and circumstances.
If you are considering filing a design application, please feel free to contact our office.
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