table of contents
What is a design search?
Design searches are conducted regarding the acquisition and utilization of design rights, and measures against other companies' design rights.
Specifically, this is done for the following purposes:
- Advance confirmation when aiming to register (obtain) a design right
- Confirmation of the existence of grounds for invalidation of your own or other companies' design rights and the scope of your rights
- Check whether your company's products may conflict with or interfere with the design rights of other companies
As such, design searches are an important step at every stage of the creation, application, implementation and enforcement of a design.
Overview of design searches
Design registration feasibility search
When filing a design application, this search is conducted to check whether there are any prior designs that may prevent registration. Generally, registered designs of items that are identical or similar to the subject of the application are examined, focusing on novelty.
Registered designs that have already expired are also included in the search as prior designs.
If necessary, we may also expand the scope of our investigation and consider ease of creation (whether it was easy to create).
Design invalidity investigation
This is a search to confirm whether there are any grounds for invalidating a design right. It is generally conducted when another company claims infringement of a design right or when a company wishes to exercise its own design right.
In the case of patent rights, the question of whether there are grounds for invalidation is often an issue in many cases when rights are exercised, and similarly with design rights, confirming the validity of the rights in advance is an effective risk management measure.
Design rights in Japan are registered after a substantive examination, which means that a more rigorous and detailed search is conducted than in a normal registrability search.
The scope of the search may also include designs that are publicly known in foreign design publications and on the Internet.
Furthermore, the purpose of this search is not simply to find grounds for invalidation. By finding publicly known examples that show that your product is outside the scope of the other company's design rights, you can also support the safety of your own product.
FTO Survey (Freedom To Operate Survey)
An FTO investigation is an investigation to determine whether a company's new products or designs will infringe on the design rights of other companies when they are manufactured, sold, or used in the market.
It is necessary to not only conduct a simple similarity search, but also to carefully consider the scope of rights (scope of protection) of each design right.
This research allows you to understand legal risks and take appropriate countermeasures before your product goes to market.
For details on FTO searches for designs, please see here.
Our investigation system
At our firm, our patent attorneys will carefully review each requested design and conduct a reliable and accurate search.
The results of the investigation will be reported in an easy-to-understand report, including a risk assessment and future response policy.
Information on investigation costs and consultations
The investigation fee varies depending on the type of investigation, product area, and scope of the investigation. Please feel free to contact us first. We provide free estimates.
You can also receive a free 30-minute initial consultation (online or in person).
If you have any questions regarding design applications or searches, please feel free to contact us using the inquiry form.