Draft Revision of the Design Examination Standard for a Design Contains a Graphic Image and a Design Application Claiming the Right of Priority

September, 2008
Design Examination Standards Office
Japan Patent Office

"Working Group for the Design Examination Standard” of the Design System Subcommittee under the Intellectual Property Policy Committee of the Industrial Structure Council made preparation for revising of the Design Examination Standard, in terms of a design containing graphic image and design application claiming the priority right, which resulted in issuing the following two documents:
"Revision of the Design Examination Standard for Designs Containing a Graphic Image (Draft version)"
and

“Criteria for Determining ‘The Same Designs’ in making a decision whether to approve the effect of claiming the Right of Priority under the Design Examination Standard (Draft version)”

For informing the public of the newly revised provisions of the Design Examination Standard, we created summaries of them as titled:
"Summary of the Revision of the Design Examination Standard for Designs Containing a Graphic Image (Draft version)"
and
“Summary of Criteria for Determining ‘The Same Designs’ in making a decision whether to approve the effect of claiming the Right of Priority under the Design Examination Standard (Draft version)”

The outlines of the summaries are as follows.

"Summary of the Revision of the Design Examination Standard for Designs Containing a Graphic Image (Draft version)"
The basic idea on the criterion for determining whether or not the two designs are the same, and a new list of various detailed examples, concerning how these applications will be handled when the design described in a first application and the design described in the subsequent application filed with the JPO differs from each other, are going to be added to the Standards, and by which the said criterion will be clearer.

“Summary of Criteria for Determining ‘The Same Designs’ in making a decision whether to approve the effect of claiming the Right of Priority under the Design Examination Standard (Draft version)”
After the Japan Paten Office (hereinafter referred to as the “JPO”) published the current Design Examination Standards, which revised on March, 2007, many mentioned that more specific standards should be established.
The JPO is going to introduce more detailed stipulation so as to make clear the basic ideas underlying its examination practices.

We invite interested parties to submit written comments concerning the revised Examination Standard (draft version) below.

- Summary of the Revision of the Design Examination Standard for Designs Containing a Graphic Image (Draft version)<PDF 26KB>

- Summary of Criteria for Determining “The Same Designs” in making a decision whether to approve the effect of claiming the Right of Priority under the Design Examination Standard (Draft version) <PDF 28KB>

*These documents in English contain only Summaries of the draft of the Revision of the Design Examination Standard in Japanese. We apologize for the inconvenience caused by the incomplete English version.

1. DATES:
Written Comments in English must be received on or before October 10 (Fri.), 2008

*Written Comments in Japanese must be received on or before October 1 (Wed.), 2008

2. SUBMISSIONS:
Comments may be submitted by postal mail, E-mail or facsimile. Please also include your name and contact address.

Postal mail
Design Examination Standards Office, Japan Patent Office.
3-4-3 Kasumigaseki, Chiyoda-ku, TOKYO 100-8915, JAPAN
Attn: COMMENT ON DRAFT EXAMINATION STANDARD (Graphic Image or Priority Right)

E-mail
PA1D00@jpo.go.jp
Subject: COMMENT ON DRAFT EXAMINATION STANDARD (Graphic Image or Priority Right)

Facsimile
+81-3-3595-2766
To: Design Examination Standards Office, Japan Patent Office.
Re: COMMENT ON DRAFT EXAMINATION STANDARD (Graphic Image or Priority Right)

3. SUPPLEMENTARY INFORMATION:
- Comments shall be written in English or Japanese.
- Comments shall be submitted by postal mail, E-mail, or facsimile.
- Received comments may be open to the public, with the exception of any personal information (your address, telephone number, etc.).
-These English documents are unofficial translations. Only the original Japanese texts of the Design Examination Standard have effect, and the translations are to be used solely as reference material to aid in the understanding of the revision of the Design Examination Standards.

[Last updated 11 September 2008]