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Home> Systems/Procedures> Laws and Policies> Laws and Guidelines> Examination Guidelines> Designs> Examination Guidelines for Design> Overview of Revision of Examination Guidelines for Design (applied to applications with filing date on or after May 1, 2019)

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Overview of Revision of Examination Guidelines for Design (applied to applications with filing date on or after May 1, 2019)

*The revised examination guidelines for design will be available later

Contents:

  1. Ease of rules for disclosing the part other than the scope of protection (so-called “disclaimed part”)
  2. Application of the provision of double patenting between partial design and whole design
  3. Abolishment of "partial design" column in application documents
  4. Other

1. Ease of rules for disclosing the part other than the scope of protection (so-called “disclaimed part”)

Sufficient number of views

An applicant is required to submit “sufficient number of views”. Where there is a part which is not disclosed in the drawings, examiner considers the part as disclaimed part. Drawings have to at least sufficiently specify (1) form of the claimed part, (2) purpose of use and function of the claimed part, (3) position, size, and scope of the claimed part in the entire article and (4) boundary of the claimed part and disclaimed part.

(A figure for explaining the case where a back view is not included in drawings)

(Fig.1) Sufficient number of views

Where (1) form of the claimed part, (2) purpose of use and function of the claimed part, (3) position, size, and scope of the claimed part in the entire article or (4) boundary of the claimed part and disclaimed part, is unclear, it is deemed that the design is not specified.

(Examples where it is deemed that the design is not specified)

(Fig.2-1) Examples (not specified)

(Fig.2-2) Examples (not specified)

(Fig.2-3) Examples (not specified)

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Incomplete disclosure of the disclaimed part

Even where the disclosure of the disclaimed part is incomplete, it may be deemed that the creation of design is specified as long as the position, size and scope of the claimed part as well as the boundary with the disclaimed part can be specified through considerations made with the characteristic of the article.

(Examples of the case which is deemed that the design is specified)

(Fig.3) Examples (specified)

However, even where considerations are made through comprehensive assumption based on general knowledge of field of the article, the design is deemed as not specific where the position, size, scope of the claimed part, or the boundary with other parts cannot be specified.

(Examples where it is deemed that the design is not specified)

(Fig.4-1) Examples (not specified)

(Fig.4-2) Examples (not specified)

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Unclaimed objects in drawings

Showing unclaimed objects in drawings may be allowed, provided that it is necessary for sufficient representation of the creation of the claimed design and such design is specifically recognized by description and/or depiction.

(Example where the unclaimed object in drawing is allowed)

(Fig.5) Unclaimed objects in drawings

Contents

2. Application of the provision of double patenting between partial design and whole design

The following provisions are applied between whole design and partial design:

  • (i) Prior Application (Art. 9(1));
  • (ii) Consultation between the applicants who filed two or more applications for designs which are identical with or similar to each other on the same date (Art. 9(2)); and/or
  • (iii) Related Design (Art. 10) are applied between whole design and partial design.

(Figures below are for explaining how consideration of double patenting between whole design and partial design is given.)

(Fig.6) whole design and partial design

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3. Abolishment of "partial design" column in application documents

The Column of “Partial Design” in application form is abolished.

Contents

4. Other

Ease of rules for drawing of middle part omission

A wider range of ways to illustrate middle part omission is allowed if the omitted part is indicated distinctively and no question arises about the position, the part which is omitted or the length.

Generally, a description is required for the length of the omitted part. A description of the length may be omitted only where the length of the omitted middle part cannot be a feature of the design, or where it is common that there is a variation in length for the omitted part, such as for a middle part of power source cord.

(Examples of the illustrating method for drawing of middle part omission)

(Fig.7) middle part omission

Contents

 

[Last updated 14 June 2019]

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