Guide for making Applications and Drawings for Design Registration. (Provisional translation)

Transcription

1 Guide for making Applications and Drawings for Design Registration (Provisional translation)

2 Preface In order to obtain a design registration, applicants must submit (file) an application in which necessary matters are stated in the prescribed form, as well as drawings depicting the design for which registration is requested, etc., according to the laws and regulations. To this end, it is desirable to make applications and drawings, etc. without defect. The Japan Patent Office (JPO) released the guidelines explaining how to make applications and drawings in 1991, subsequently releasing expanded versions and enhancing the contents as needed upon amendment of the Design Act and on other occasions. In 2008, all of the guidelines were consolidated into one book titled Guide for making Applications and Drawings for Design Registration and were made available in print and on the JPO s website. Later, the JPO enhanced the contents of Part III 13. In the Case of a Design Including a Graphic Image on a Screen, responding to the partial revision of the Examination Guidelines for Design in This time, in response to the partial revision of the Examination Guidelines for Design in 2017, the Guide has been further enhanced by reorganizing the contents of Part I 2. Basics of the Depiction in Drawings A. Drawings necessary for specifying the form and B. Drawings for helping in understanding the design and adding case studies. For applications for design registration filed before the 2016 Revised Examination Guidelines for Design became effective (applications filed on or before March 31, 2016), please see the Guide for making Applications and Drawings for Design Registration released in July As for applications for design registration filed before the 2011 Revised Examination Guidelines for Design became effective (applications filed on or before July 31, 2011), please see the Guide for making Applications and Drawings for Design Registration released in March This Guide has been designed to describe a basic outline and typical examples regarding how to prepare applications and drawings for design registration, but not to mandate what is to be stated in the application and drawings, etc. Depending on the design in the application, as for the prescribed form necessary for following the procedure, please see the Guidelines for the Procedures of Filing an Application for Design Registration, and as for necessary statements pertaining to the requirements for registration, please see the Examination Guidelines for Design. In sum, the Guide for making Applications and Drawings for Design Registration is designed to help applicants in preparing applications and drawings, etc. for design

3 registration. We hope it will be of good use to all applicants who intend to seek design registration. July 2017 Design Examination Standards Office, Design Division, Patent and Design Examination Department (Physics, Optics, Social Infrastructure and Design), Japan Patent Office

4 Part I Basics of How to Represent the Design in the Application Basics of the Statement in the Application The column of [Article to the Design]... 2 (1) Classification of Articles... 2 (2) Articles listed in the Design Classifications... 5 (3) Examples of the statement when an article does not fall under any items of the Classification of Articles listed in Appended Table The column of [Description of Article to the Design]... 9 (1) In the case of articles that do not belong to any items of the Classification of Articles listed in Appended Table (2) In the case of articles that belong to the Classification of Articles listed in Appended Table (3) Points to be noted in making a statement The column of [Description of Design] (1) Matters to be stated (2) Points to be noted in making a statement Basics of the Depiction in Drawings A. Drawings necessary for specifying the form A.1 Types of drawing formulated in the Form and basic points to be noted (1) The types of drawings necessary for specifying the form (2) Points to be noted in preparing drawings A.2 Preparing drawings by the orthographic projection method (1) Points to be noted when preparing drawings by the orthographic projection method 17 2A.3 Preparing drawings by the isometric projection method and the oblique projection method (1) Isometric projection method (2) Oblique projection method (3) Points to be noted in using the isometric projection method and the oblique projection method (4) Points to be noted in the combine use of the orthographic projection method and other methods (5) Examples of the statement in the views by various methods A.4 Preparing drawings for a flat and thin form (sheet-like form) A.5 Preparing other drawings (1) [Development view of a pattern] (2) [Sectional view] i

5 (3) [End elevational view of the cut part] (4) [Combined sectional view] and others (5) [Enlarged view] and [Enlarged view of a part] (6) [Perspective view] (excluding isometric projection drawings, cabinet drawings, cavalier drawings) (7) Drawings of an article that has an opening or separable part, or the form of which is changeable (8) Shades specifying the surface shape of a three-dimensional object (9) Drawings prepared using computer graphics B. Drawings for Helping in Understanding the Design and Drawings That Represent the Transparent Part B.1 Reference views indicating functions, etc. of each part B.2 Reference views indicating the state of use B.3 Reference views indicating the transparent part C. Photographs substituted for drawings D. Specimens and models Part II How to Represent Partial Design Statement in the Application The column of [Partial Design] The column of [Article to the Design] The column of [Description of Article to the Design] The column of [Description of the Design] (1) How to state the method of specifying the part for which the design registration is requested (2) How to state when omitting the views in which only any other parts appear The Depiction in Drawings Basics of the depiction in drawings for partial design How to specify the part for which the design registration is requested How to depict drawings specifically and points to be noted (1) How to depict a set of six views (2) How to depict [Sectional view] (3) The boundary between the part for which the design registration is requested and any other parts (4) [Enlarged view] of partial design (5) [Reference view explaining the operative part], etc (6) The degree of disclosure of any other parts ii

6 (7) In cases where the pore portion of an article is requested as partial design (8) In cases of omitting views in which only any other parts appear In cases where submitting models or specimens In cases where submitting photographs substituted for drawings Part III How to Represent the Form by Features Articles having a separable part Designs compose of a main body and a cover Designs having a pair of male and female members Articles having an opening/closing member Where both of the opening or closing state of door or cover can be the main state Where the state in which the cover closed is the main state Articles having a movable constituent part Structure having a movable part Where the form is changeable by the expansion and contraction of the whole or part of an article Articles having transparent or translucent part Difference between being transparent and having translucency Points to be noted when making a statement in the column of [Description of the Design] of the application How to specify the transparent part using reference views How to prepare drawings of the transparent design How to prepare drawings of articles having translucency D shaped article with a very thin thickness Long-length articles In cases where a shape or a pattern simply continues In cases where a shape or a pattern repeats continuously Textiles such as a woven cloth fabric In cases where a pattern repeats continuously in a single direction alone (either vertically or horizontally) In cases where a pattern continues in the four directions (both vertically and horizontally) In cases of requesting part of a design in which a pattern repeats continuously as partial design Designs having an extremely long part How to depict drawings with the middle part omitted In cases where the middle part of an extremely long portion can be omitted iii

7 8.3 Points to be noted in preparing drawings Points to be noted in making a statement in the column of [Description of the Design] Omitting the depiction of a power source code Articles having flocked part or mesh fabric part In the case of a flocked part In the case of materials such as hair-raising clothes or sponge In the case of generic fine plain-weave mesh fabric Articles whose form is changeable Wooden toys or building blocks Combined articles (e.g. playing cards) In the Case of a Design Including a Graphic Image on a Screen Graphic image on a screen that constitutes a design (1) Graphic image on a screen for display that constitutes a design as provided in Article 2 (1) of the Design Act (2) Graphic image on a screen for operation that constitutes a design as provided in Article 2 (2) of the Design Act (3) Handling relating to a computer Graphic image on a screen that is not categorized as a graphic image that constitutes a design Graphic image on a screen for display that constitutes a design as provided in Article 2(1) of the Design Act (1) Statement in the application (2) Statement in drawings Graphic image on a screen for operation that constitutes a design as provided in Article 2(2) of the Design Act (1) Statement in the application (2) Statement in drawings Where the Graphic Image on a Screen Changes (1) Points to be noted when making a statement in an application and drawings (2) Categories of relevance in form In the case of a liquid crystal display panel (where figurative segments are arranged in fixed positions) (1) Statement in the application (2) Statement in drawings Design for a Set of Articles iv

8 14.1 Points to be noted in making a statement in the application Points to be noted in making a statement in drawings (1) Two different cases (2) Indication of the view v

9 (Explanatory note) Design Act Article 6 (1)(iii).. Article 6, paragraph 1, item 3 of the Design Act Form No. 2...Form No. 2 of the Ordinance for Enforcement of the Design Act Form No. 2 Note (39)...Form No. 2 Note (39) of the Enforcement Ordinance of the Design Act Appended Table 1 & 2 Appended Table 1 of the Ordinance for Enforcement of the Design Act, and Appended Table 2 of the same A set of six views A set of the front view, the left side view, the left side view, the right side view, the top view and the bottom view that have been prepared on the same scale by the orthographic projection method, as stipulated in Form No. 6, Note (8) of the Ordinance for Enforcement of the Design Act, or drawings, as replacements with such six views, that have been prepared by the isometric projection method or the oblique projection method. [Outline of the major content in the application and drawings by characteristics] vi

10 Part I Basics of How to Represent the Design in the Application Since the design protected under the Design Act is the form of an article, it is necessary to clearly represent the article and its form in the application and drawings. Articles must be stated in the column of [Article to the Design](Article to which the design is applied). If the statement itself cannot clearly represent what the article is, it is necessary to state the purpose of use, the method of use, etc. in the column of [Description of Article to the Design]. In addition, reference views showing the state of use need to be depicted in drawings attached to the application, where necessary. The form must be represented in the drawings attached to the application. Photos, specimens or models can be submitted to represent the form instead of drawings. If the form needs to be explained (e.g. in cases where the whole or part of the form is transparent; the form is changeable; the size needs to be stated), the statement to that effect must be made in the column of [Description of the Design]. When some of the views are omitted, the statement to that effect must also be made in the column of [Description of the Design]. Basics and points to be noted regarding how to make such statements will be explained as follows. 1

11 1. Basics of the Statement in the Application 1.1 The column of [Article to the Design] (1) Classification of Articles When filing an application for design registration, applicants need to state what the article to the design is in the column of [Article to the Design]. (Design Act Article 6 (1)(iii), Form No. 2). In making a statement in the column of [Article to the Design], applicants need to find the term that suitably represent the article to be filed among the Classification of Articles as provided by the Ordinance of the Ministry of Economy, Trade and Industry (Design Act Article 7, Appended Table 1, Note (1)). In addition, it is also stipulated in the Ordinance that if applicants cannot find the term that suitably represent the article to be filed, that is, if the article to be filed does not belong to any items of Classification of Articles listed in Appended Table 1, applicants need to state a classification of the article that suitably represent the article to be filed and is equivalent in level to the Classification of Articles listed in the right column of Appended Table 1, in the column of [Article to the Design] (Appended Table 1, Note 2). Not only that, applicants need to give an explanation that would help understand the article to the design, including the purpose of use of the article, or the state of use of the article according to the Ordinance (Form No. 2 Note (39)). There may be cases in which drawings including reference views showing the state of use are needed. However, even though a classification of the article is not listed in Appended Table 1, if it has been already used as a general term at the time of filing, and the purpose of use and the state of use have been clearly recognized, such statement is not necessary. 2

12 3

13 (Note) The Ordinance for Enforcement of the Design Act and the Appended Table 1 can be accessed to the portal site run by the Ministry of Internal Affairs and Communications through the JPO's website. Please see the entire list of Appended Table 1 in English at e/t tokkyo e/pdf/appended-table1 2/01.pdf 4

14 (2) Articles listed in the Design Classifications In the bottom of Appended Table 1 are listed approximately 2,400 classifications of articles. As for the articles that do not belong to any items of such classifications, it is effective to refer to the Japanese Classification for Industrial Designs that contains approximately 7,000 articles in the column of An article or articles covered in this classification. This classification list contains not only items of the Classification of Articles listed in Appended Table 1, but also those that were stated as classifications of articles for designs registered in the past. (Note) The List of Design Classification/ D-Term can be accessed through the following JPO website. e/s sonota e/pdf/j-classification for id/j-classification for id.pdf Japanese Classification for Industrial Designs [Abridgement] 5

15 (3) Examples of the statement when an article does not fall under any items of the Classification of Articles listed in Appended Table1 (i) In cases of naming a classification of the article according to the Classification of Articles listed in Appended Table 1 For example, in an application for design registration concerning a string instrument called alto saxophone, the classification of the article and the statement in the column of [Description of Article to the Design] shall be as follows. Items of the Classification of Articles under Wind Instruments, etc. in Appended Table 1 only include Trumpet, Clarinet, Recorder, Vertical bamboo flute, Flute, Harmonica, Wind instrument with a keyboard (Please see the right column of Appended Table 1 on page 3). Since various instruments are specifically identified under Wind Instruments, etc., it is not appropriate to state just an instrument or a wind instrument, both of which are categorized as a general term with a broader definition. In addition, seeing Trumpet or Clarinet as an example of the Classification of Articles listed in Appended Table 1, obviously it is not necessary to name a classification further limiting to a certain usage such as Alto saxophone or Bass Saxophone. Considering all, the classification of article of this case should be Saxophone. In the column of [Description of Article to the Design], it is not necessary to state the purpose of use and so on since the term Saxophone has become generally recognized. (ii) In cases where the article is multi-functional When filing a multi-functional article, in many cases, you may not be able to find a classification among the Classification of Articles listed in Appended Table 1, and also the items listed in the "Classification of Articles" are not of help in determining how to state the classification of article. Therefore, if there is an article in the Japanese Classification for Industrial Designs, which may suitably represent the article to be filed, please adopt it as the classification of article. If there is none even in the D-term list, it is necessary to create a new name of classification. In doing so, you have to create the new name which indicates all the functions that the multi-functional article have (functions that can be contained in an individual article). For example, xx with yy would be appropriate. As for the order 6

16 of the words, the main shape or function must precede the other that is added by a with phrase, etc. In the case of an article that contains three or more functions as well, the main shape or function must precede the others, stating such as xx with zz and yy. However, such a name as xx that also serves as zz and that also serves as yy or xx with zz and with yy is not appropriate. <Appropriate examples> A tape recorder with a radio receiver A television receiver with a radio receiver and a tape recorder A ball point pen with a sharp pencil and a marking pen <Inappropriate examples> A radio receiver and a tape recorder A radio receiver that also serves as a radio receiver and that also serves as a television receiver However, in cases where all or part of the multiple functions are novel and so forth, it may be sometimes more appropriate to use a new name that simply indicates a combination of multiple functions, not xx with yy, as a classification of article. Please note that in the case of multi-functional articles as well, applicants need to give an explanation about, for example, how to use the article in the column of [Description of Article to the Design] of an application, and depict, for example, a view showing the state of use, or a reference view showing the state of use in the drawings. Especially, in cases where all or part of the multiple functions are novel, such statements and depiction of views are needed. (iii) Examples of inappropriate statement as a classification of article Please be aware that inappropriate statement as a classification of article may serve as the reason for refusal. 7

17 <Examples of inappropriate statements as a classification of article > (i) Not based on the Classification of Articles listed in Appended Table 1 nor the classification of article equivalent in level to such Classifications. (a) A statement with a proper name, such as a trademark name or so-and-so type (b) A statement using a generic name (e.g., stating Building supplies instead of Window shutter ) (c) A statement with an indication of the structure or the working effect (e.g., so-and-so device or so-and-so method ) (d) An abbreviated classification of articles (e.g., 8 mm ) (e) A statement using foreign characters (f) A statement using foreign language words that are not commonly used in Japanese (g) A statement that does not clearly indicate the usage (e.g., Block ) (h) A statement using such terms as set (excluding that under the Appended Table 2 of the Ordinance for Enforcement of the Design Act (hereinafter referred to as Appended Table 2 )), unit (excluding a Dental unit ), or pair (i) A statement with a name relating to the shape, pattern or color (j) A statement with the name of material (e.g., made of so-and-so ) However, this excludes cases where the statement is used as a common name. (Please see the Examination Guidelines for Design ) (ii) Not regarded as an application for design registration filed for each design due to containing two or more designs Where two or more classifications of articles are stated in parallel in the column of Article to the Design (Please see the Examination Guidelines for Design ) (Note) The Examination Guidelines for Design can be accessed through the following JPO website: e/t tokkyo e/design es.htm 8

18 1.2 The column of [Description of Article to the Design] (1) In the case of articles that do not belong to any items of the Classification of Articles listed in Appended Table 1 Applicants need to state an explanation that can help in understanding the article, such as the purpose of use or the state of use of the article, in the column of [Description of Article to the Design (Form No. 2 Note (39)). Novel articles and multi-functional articles are regarded as being in this category. In addition, in cases where an article contains a graphic image on a screen for the operation of the article as provided in Article 2 (2) of the Design Act, applicants need to state the functions of the article to the design, which contains such graphic image on a screen, and to explain how to operate such graphic image on a screen (Form No. 2 Note (40)). Please note that even though applicants state a classification of article that is not listed in Appended Table 1, if it has been already used as a general term at the time of filing, and the purpose of use and the state of use have been clearly recognized, such statement is not necessary. (2) In the case of articles that belong to the Classification of Articles listed in Appended Table 1 Even though an article to be filed for design registration is found to be in the Classification of Articles listed in Appended Table 1, if it is impossible to understand how to use the article and so on due to being the quite novel form or other reasons, applicants need to state an explanation of how to use the article, etc. in the column of [Description of the Article to the Design]. Please note that if there is no statement of explanation in such a case as this, the application will be refused on the ground that the article is not clearly stated. In addition, as for the article that is not commonly known, such as a device specifically designed for a specialized purpose, please make sure to state the purpose of use, the state of use, etc. of the article. 9

19 (3) Points to be noted in making a statement (i) Simplicity It is desirable to make a simple statement in the column of [Description of Article to the Design], explaining the purpose of use, the state of use, etc. in a brief and clear manner aiming to help understand the article, and avoiding a long-sentenced explanation as is often found in the detailed description of the invention in a patent description. (ii) Not using trademark names Considering the impact on trademarks, it is not allowed to use trademark names for the explanation of the article. (iii) Not using views and tables It is also not allowed to use drawings and tables. (Form No. 2 Note (43)) 10

20 1.3 The column of [Description of Design] (1) Matters to be stated (i) In cases where it is necessary to understand the material or size of the article in recognizing the article, such information needs to be stated. (Design Act Article 6 (3), Form No. 2 Note (41)) (ii) The following matters need to be stated to specify the form a) In cases where the form of an article is changeable, and applicants intend to request a design registration of such form as it appears before, during and after the said change, it is necessary to make a statement to that effect and to give an explanation of the said function. (Design Act Article 6 (4), Form No. 2 Note (41)) b) In cases of omitting to apply either black or white in preparing drawings, it is necessary to make a statement to that effect. (Design Act Article 6 (6), Form No. 2 Note (42)) c) In cases where the whole or part of the form is transparent, it is necessary to make a statement to that effect. (Design Act Article 6 (7), Form No. 2 Note (41)) d) In cases of depicting lines, dots or any other marks (shades) in a figure for specifying the surface form of a three-dimensional object, applicants need to make a statement to that effect and a statement as to which mark specifies the shape. (Form No. 6 Note (7)) e) In cases of omitting some views in preparing drawings, applicants need to state which views are omitted and the reason why such views are omitted (e.g., The rear view is omitted due to being identical with the front view ). (Form No. 6 Note (10)) f) Applicants need to state whether views are prepared by the isometric projection method or the oblique projection method. If the views are prepared by the oblique projection method, they need to state the distinction of cabinet drawings or cavalier drawings, and the inclination angle. (Form No. 6 Note (9)) g) Applicants need to state how to specify the part for which the design registration is requested. (Form No. 6 Note (11)) h) In cases of a design in which a shape continues, if the drawings are prepared omitting the state in which the shape continues, it is necessary to make a statement to that effect. (Form No. 6 Note (12)) 11

21 i) In cases where some of the views are omitted, it is necessary to make a statement to that effect and state the size of the omitted part on the drawings. (Form No. 6 Note (13)) (2) Points to be noted in making a statement (i) Such a statement that does not specify the design as shown in the following examples will be the reason for refusal. a) Examples in which drawings and explanations are not consistent While there is no color painted in the drawing, there is a statement such as the design in the application is in the color of yellow green. While there is no pattern represented in the drawing, there is a statement such as the surface of the design in the application is a grain pattern. b) Examples in which a design is not specified as one form. While the drawing represents the spherical shape, there is a statement such as the design in the application may be egg-shaped or spindle-shaped. While the drawing contains the color of red, there is a statement such as the design in the application may be colored orange instead of red. In the case of the design for handbag, there is a statement of listing multiple materials such as the material is soft vinyl or stainless steel, which may cause to recall multiple different designs from a common viewpoint in the art of the design, as a result of which, the application is regarded as being filed for multiple designs. The statement that may cause to recall multiple designs which are remarkably different from each other because the size shows a wider ranging values that are beyond the scope of common sense in the art of the design, such as The height ranges from 10 cm to 1 m, as a result of which application is regarded as being filed for multiple designs. (ii) It is not allowed to use drawings and tables. (Form No. 2 Note (43)) 12

22 [Description of Article to the Design] [Description of the Design] 13

23 2. Basics of the Depiction in Drawings Most of the articles that shall be subject to the protection under the Design Act are in the form of a three-dimensional shape. However, when filing an application for design registration concerning a three-dimensional form, applicants must represent it in drawings depicted on a two-dimensional plane, and so on. In other words, the object of a design right is not a real three-dimensional shape, but a three-dimensional form depicted on such two-dimensional drawings. Therefore, the drawing methods are defined in details so that the third party may also correctly understand the form, which is the object of the right. Thus, it is necessary to depict drawings, etc. according to the formulated drawing methods so that the form, which is the object of a design right, may be understood correctly. It is also necessary to depict necessary drawings so that the entire form, which is the object of a design right, may be understood as being specified for design registration. In addition, views that help in understanding of the design need to be depicted, where necessary (Drawings for explaining the form or the state of use, in which lines, etc. that do not constitute the design in the application are added, shall be indicated as Reference view of yy to be distinguished from the drawings that depict only constitute elements of the design in the application). The basics of how to depict drawings will be explained below. 14

24 A. Drawings necessary for specifying the form 2A.1 Types of drawing formulated in the Form and basic points to be noted (1) The types of drawings necessary for specifying the form (i) In cases where the design is the form of a three-dimensional shape, in principle, the front view, the rear view, the left side view, the right side view, the top view and the bottom view that have been prepared at the same scale by the orthographic projection method, regarded as a set of drawings (hereinafter referred to as a set of six views), need to be prepared. (Form No. 6 Note (8)) (ii) In cases where the design is the form of a three-dimensional shape, it is possible to prepare drawings (all or part of the drawings) by the isometric projection method or the oblique projection method, instead of a set of six views as mentioned above. (Form No. 6 Note (9)) (iii) In cases where the design is the form of a flat and thin article, it is necessary to prepare a set of drawings composed of a surface view and a back side view prepared at the same scale. (Form No. 6 Note (10)) (iv) In cases where the drawings mentioned above are not sufficient to represent the form, other types of drawings such as a sectional view, an enlarged view, a perspective view and others need to be added (These drawings can also be regarded as necessary drawings). (Form No. 6 Note (14)) (v) It is also possible to submit a photograph, a model or a specimen that represent the design, instead of a set of six views. Please see Part II with regard to partial designs for registration, in which a part of an article is requested for design registration, and to Part III with regard to how to depict drawings when omitting depiction of a part of the article with a continuous shape (omitting the middle part). 15

25 (2) Points to be noted in preparing drawings (i) The thickness of a solid line or a broken line must be approximately 0.4 mm, and that of an oblique parallel line or a chain line that shows cross section must be approximately 0.2 mm. (Form No. 6 Note (5)) (ii) Each view (the front view, the rear view, the reference view) must be depicted in the 150 mm (W) x 113 mm (H) rectangular. (Form No. 6 Note (6)) (iii) A figure (excluding a reference view) must not contain a centerline, baseline, horizontal line, fine line or shading to express shadows, indication line, code or character to explain the contents, nor any other line, code or character which does not constitute the design. (Form No.6 Note (7)) (As for shades, please see 2A. 5(8) Shades specifying the surface shape of a three-dimensional object ) For example, a hidden-line seen in engineering drawings (a broken line that represents the internal or back-side shape which is not outwardly visible) must not be contained in a necessary view. (iv) When preparing drawings for an article whose front and rear, and whose top and bottom are not interchangeable on a regular use basis, it is desirable to depict a drawing of the article seen from such direction. (v) Part of the views can be replaced with photographs. In such cases, however, even black and white photographs show shading of each part of an article. Due to this, the photographs may not be consistent with the views that depict the shape alone, which may cause to regard the design as being not specified. Therefore, applicants need to pay attention to ensure consistency between photographs and drawings. Please note that it is not allowed to prepare a view by combining a lined drawing and a photograph (Please see C. Substitution for drawings ). 16

26 2A.2 Preparing drawings by the orthographic projection method Through the orthographic projection method, the form of a three-dimensional shape is depicted by projecting six surfaces, each of which is orthogonal to its neighboring surface, onto the two dimensional plane, as the front view, the rear view, the left side view, the right side view, the top view and the bottom view. It is the same as the orthographic projection prescribed in Technical Drawings of the Japanese Industrial Standards (JIS), except that JIS s Technical Drawings must not contain hidden lines. As shown in Figure 1.2-1, shape lines, patterns, colors seen on each surface are depicted as part of each view. (1) Points to be noted when preparing drawings by the orthographic projection method (i) Each view must be prepared at the same scale. (ii) In the following cases, some of a set of six views can be omitted. If the front view and the rear view are identical or mirror image to each other, the rear view can be omitted. If the left side view and the right side view are identical or mirror image to each other, either of the side views can be omitted. If the top view and the bottom view are identical or mirror image to each other, the bottom view can be omitted. Please note that it is necessary to make a statement to the effect that The rear view is omitted due to being mirror image to the front view in the column of [Description of the Design]. 17

27 <Fig > Example of depicting each surface of a three-dimensional object by the orthographic projection method E B [Top view](e) C D [Left side view](c) [Front view](a) [Right side view](d) [Rear view](b) A F [Bottom view](f) <Fig > Preparing drawings by the orthographic projection method [Top view] [Article to the Design] Radio controlled toy [Left side view] [Front view] [Right side view] [Rear view] [Bottom view] 18

28 <Fig > Example of how to depict drawings to be attached to the application (in the case of a radio controlled toy displayed on the previous page) [Document Name] Drawings 1 [Front view] [Rear view] * The size of each view must not exceed 150 mm (W) x 113 mm (H). [Right side view] mm 150 mm [Left side view] [Top view] 3 (Note) When filing an application for design registration, applicants need to depict the views vertically as shown here despite whether filing online or filing on paper (Form No. 6 Note (23)). [Bottom view] 19

29 2A.3 Preparing drawings by the isometric projection method and the oblique projection method The isometric projection method and the oblique projection method are the drawing methods that enable for depicting the contents, in one view, corresponding to three views out of a set of six views that are prepared at the same scale by the orthographic projection method. As shown below, three surfaces out of six surfaces are displayed in one view, and therefore, there are eight ways to display them. By choosing two out of such eight types of views, applicants can describe the whole six surfaces. For example, if you choose two views such as [View showing the front, top and right side] and [View showing the rear, bottom and left side], the whole six surfaces can be represented. <Fig > Types of views showing three surfaces (when representing a cube shape) [View showing the front, top and right side] [View showing the front, left side and top] top top front right left front [View showing the rear, left side and top] [View showing the rear, top and right side] top top rear left right rear [View showing the rear, bottom and left side] [View showing the rear, right side and bottom] rear left right rear bottom bottom [View showing the front, right side and bottom] [View showing the front, bottom and left side] front right left front bottom bottom 20

30 (1) Isometric projection method <Fig > Example of how to depict a drawing by the isometric projection method Y axis Z axis X axis In the drawing depicted by the isometric projection method, the angle between any of the three coordinate axes that are actually orthogonal to each other shall be 120 degrees. The ratio of the height, width and depth of the cub shape represented in the view is the same as those of the actual cub shape. (2) Oblique projection method As for the oblique projection method, no drawings other than a cabinet drawing and a cavalier drawing, in which a ratio of width, height and depth is objectively defined, is accepted as drawings that can be attached to the application for design registration. <Fig > Example of how to depict a cabinet drawing Z axis X axis The ratio of width, height and depth is 1:1:1/2. The angle is not specifically defined, but the 45 degree is most commonly adopted. Y axis Inclination <Fig > Example of how to depict a cavalier drawing Z axis X axis The ratio of width, height and depth is 1:1:1. The angle is not specifically defined, but the 45 degree is most commonly adopted. inclination Y axis 21

31 (3) Points to be noted in using the isometric projection method and the oblique projection method (i) It is necessary to represent the six surfaces that are depicted as the basic views by the orthographic projection method. Please note that it is not a problem the same surface is represented multiple times through different views. (ii) It is necessary to state the indication of the view, which is corresponding to that represented by the orthographic projection method. For example, in cases where the view corresponds to the front view, the top view and the right side view represented by the orthographic projection method, the statement must be [View showing the front, top and right side]. (Form No. 6 Note (9)) (iii) In cases where the view is represented by the oblique projection method, it is necessary to state, in the [Description of the Design] of the application, whether it is a cabinet drawing or a cavalier drawing along with the statement of angles in each view. (Form No. 6 Note (9)) (iv) In cases where the view is represented by the isometric projection method, it is not necessary to state the name of projection method. If there is no statement of the projection method, it is regarded that the view has been prepared by the isometric projection method. (4) Points to be noted in the combine use of the orthographic projection method and other methods (i) It is necessary to represent the six surfaces, which are depicted as the basic views by the orthographic projection method, in all drawings. Please note that it is not a problem the same surface is represented multiple times through different views. (e.g. A case of representing the [Front view] by the orthographic projection method, and the [View showing the front, top and right side] by the isometric projection method) (ii) All views must be depicted at the same scale. 22

32 (5) Examples of the statement in the views by various methods <Fig > Example of how to depict a drawing by the orthographic projection method [Top view] [Left side view] [Front view] [Right side view] [Rear view] [A-A line sectional view] [B-B line sectional view] A B [Bottom view] A B <Fig > Example of views by the isometric projection method <Fig > Example of the combine use of the orthographic projection method and the isometric projection method [View showing the front, top and right side] [View showing the rear, bottom and left side] [View showing the front, top and right side] [Left side view] [Bottom view] [Rear view] 23

33 <Fig > Example of cabinet drawings <Fig > Example of the combine use of the orthographic projection method and cabinet drawings [View showing the front, top and right side] [Views showing the rear, bottom and left side] [View showing the front, top and right side] [Left side view] [Bottom view] [Rear view] <Fig > Example of cavalier drawings <Fig > Example of the combine use of the orthographic projection method and cavalier drawings [View showing the front, top and right side] [View showing the rear, bottom and left side] [Left side view] [View showing the front, top and right side] [Bottom view] [Rear view] 24

34 2A.4 Preparing drawings for a flat and thin form (sheet-like form) Please note that articles that fall under the category of a flat and thin form are limited to single-layered and very thin articles such as woven cloth fabric or handkerchief. If an article is not single-layered, it needs to be represented through a set of six views even though it has hardly any thickness such as an envelope. <Fig > Example of a flat and thin handkerchief [Surface view] [Back side view] <Fig > Example of non-single-layered handkerchief [Front view] [Rear view] [Top view] [Left side view] [A-A sectional view] [Bottom view] <Fig > Example of envelope [Top view] [Front view] [Rear view] [Right side view] 25

35 2A.5 Preparing other drawings There are cases where a set of six views prepared by any of the methods mentioned above are not sufficient to represent the form of the design due to, for example, having bumps on the surface. For example, from a set of six views in Figure , a variety of forms as shown in Figure can be possibly thought of. Therefore, a set of six views alone do not sufficiently represent the specific form in this case. Thus, it is necessary to depict the specific form in a sufficient manner by adding a development view, a sectional view, an end elevational view of the cut part, an enlarged view, a perspective view, etc., properly selecting them to suitably represent the form of the design in the application. (Form No. 6 Note (14)) Drawings that need to be added when a set of six views alone cannot represent the design sufficiently are regarded as necessary drawings for representing the specific form along with a set of six views. <Fig > Example of the drawing containing a set of six views alone [Top view] [Left side view] [Front view] [Right side view] [Rear view] [Bottom view] <Fig > Examples of the forms that can be possibly thought of from the above drawing (Not considering the nature of the article in this drawing, but purely thinking the possible form of the article, a variety of forms can be possibly thought of) 26

36 (1) [Development view of a pattern] There are cases where it is difficult to accurately represent patterns on the curved surface through a set of six views. In such cases, if the curved surface can be seen in a development view of its peripheral surface, such as a cylinder shape or a cone shape, it is effective to represent the pattern utilizing the [Development view of a pattern]. [Points to be noted in preparing development views of a pattern] (i) The development view mentioned here refers not to a view that represents the state in which a fold-flat box is unfolded onto the two-dimensional plane, but to a special view prepared for representing patterns alone, as if being printed on transfer paper. Therefore, if there are bumps on the surface where the pattern is, applicants cannot represent the design using the [Development view of patterns] as necessary drawings. (ii) As an example of a glass below, it is allowed, as an exception, to represent the design by the combine use of a [Development view of a pattern] and a view indicating the shape alone of the article with the pattern omitted, only when it is possible to make the design understood more accurately by doing so than by showing patterns through a set of six views. (Please see the Examination Guidelines for Design (1) (x)(i)(b)) (iii) The [Development view of a pattern] must be depicted, in principle, in a manner that the whole peripheral surface is seen in the flat. (iv) In cases where the six views contain a pattern and the [Development view of a pattern] is also added, it is acceptable to depict part of the peripheral surface as the [Development view of a pattern], as seen in the example of felt-tip pen below. 27

37 <Fig > Example of using the [Development view of a pattern] [Article to the Design] Glass [Front view without a pattern] [A-A line sectional view] [Development view of a pattern] [Top view] [Bottom view] A A <Fig > Example of using the [Development view of a pattern] [Top view] [Article to the Design] Felt-tip pen [Left side view] [Front view] [Right side view] [Rear view] A [Bottom view] [Development view of a pattern on the peripheral surface of part A] 28

38 (2) [Sectional view] It is effective to use a sectional view to represent a bumpy mode of the outer surface accurately. In the example of speaker box on the next page, a set of six views alone cannot clearly represent the constitution of the space between the top and the bottom clearly. However, a sectional view can clearly represent what a set of six views cannot. [Points to be noted in preparing sectional views] (i) In cases where a sectional view cannot represent the whole of the bumpy form, multiple kinds of sectional views are needed, including a longitudinal sectional view, a traverse sectional view, sectional views representing different parts, etc. (ii) In order to indicate which part of the article is seen in the sectional view, draw a chain line of approximately 0.2-mm thickness at the cut part in one of the six views, putting codes at both ends of the chain line, and showing the direction of depicting the cross section. Please note that the chain line must not be drawn within a figure. (Form No. 6 Note (15)) (iii) Draw a 0.2-mm oblique parallel line on the surface of cross section (thick surface, etc.) (Form No. 6 Note (15)) (iv) Since the design is the form of outer appearance of an article, the internal form can be omitted if it is not necessary to represent the internal mechanism itself. In such cases, the indication of the view should be [Sectional view with the internal mechanism omitted (or indicating the outline of the internal mechanism )]. (v) It is necessary to draw the outer appearance that will be seen from the direction of depicting the cross section (Assuming that you cut the article and you see it with the cross section facing you, you need to draw the outer appearance seen from that point). (In the example of sectional view of speaker box on the next page, the outline of the four ridge parts of the square pole with round edge type, etc. are drawn as an outer appearance that is seen from the direction of depicting the cross section. 29

39 <Fig > Example of how to depict [Sectional view] [Article to the Design] Speaker box [Top view] [Perspective view] [Front view] [A-A' sectional view with the internal mechanism omitted] [Bottom view] 30

40 (3) [End elevational view of the cut part] A sectional view must be drawn in a way that the form which is seen behind the cross section is also included. On the other hand, in an end elevational view of the cut part, the form of the cross section alone is drawn, which will reduce the labor for preparing drawings. Therefore, when it is sufficient to represent the form of the cross section alone, it is effective to use an end elevational view of the cut part. <Fig > Example of how to depict [End elevational view of the cut part] [Top view] This is the [Sectional view] of the same article. [Front view] [A-A' line end elevational view of the cut part] [A-A line sectional view] 31

41 (4) [Combined sectional view] and others In addition to [Sectional view] and [End elevational view of the cut part] mentioned above, it is possible to represent the form of the bumpy surface, etc. using [Combined sectional view], [Combined end elevational view of the cut part], [Half sectional view], [Perspective sectional view], and [Partially-trimmed perspective sectional view]. These views represent cross sections that are cut in more than one directions. Therefore, there may be cases where the cut parts need to be depicted along a broken line. In such cases, the view that represents the cross section must be added as a reference view. Please note that as for how to depict chain lines, arrows and codes that indicate the direction of the cut part and cross section, how to depict cross sections, etc., the same rule shall apply as when depicting [Sectional view] mentioned above. <1> [Combined sectional view] and [Combined end elevational view of the cut part] [Points to be noted in preparing combined sectional views, etc.] (i) These views are made by combining multiple sectional views or end elevational views that were cut along different planes, creating one sectional view or end elevational view. (ii) When cutting the object on the center plane along the curved shape, the cut part is shown by depicting a broken chain line (Figure ). When cutting the article along the mutually paralleled planes, the chain lines that indicate the cut part need to be connected at an arbitrary point (Figure ). Since a chain line is drawn in either case, a reference view indicating the cut part needs to be prepared. (Please note that a set of six views must not contain a line, etc. that does not constitute the design. (Form No. 6 Note (7))) (iii) At the point where a broken chain line indicating the cut part is bended, codes need to be put. Including codes that are put at both ends of the broken chain line, all codes need to be different. (iv) A cross section represented in a sectional view must be drawn as seen from a right angle against the cross section. 32

42 (v) The same codes as shown at points in which different cut parts are connected and therefore the chain line is bended must be put in combined views as well, including [Combined sectional view]. <Fig > Example of how to depict [Combined sectional views] with a detailed explanation Bending point Cross section β Cutting part along the solid line Bending point Cross section γ Cross section α The direction of depicting the cross section The direction of depicting the cross section Sectional views on the three different planes in the left are combined into one view. [A-B-C-D line combined sectional view] [Reference top view] D B C A B C (Note) The ridge line of the bending point on cross section is not drawn. 33

43 <Fig > Example of how to depict [Combined Sectional view] [Reference front view] [A-B-C-D line combined sectional view] A C B B,C D <Fig > Example of [Combined sectional view] [Reference top view] [A-B-C-D-E line combined sectional view] E C B D C,D B A 34

44 <2> [Half sectional view] A half sectional view represents a quarter of the whole. Along the cross sections of a rotor or a three-dimensional shape equivalent thereto, which are mutually at a right angle at the axis of rotation, a quarter of the object is cut out, and one of the two cross sections are represented as a sectional view. [Points to be noted in preparing half sectional views] (i) Since the cut part does not need to be included in the drawing, it is allowed to indicate the cut part in one of the six views (Please note that the chain line that indicates the cut part must not touch the figure). (ii) Codes need to be put at the cut part, but not at the bending point. Please put codes at both ends of a dash-dotted line, and furthermore, put an arrow at each end to show the direction of the cross section. Please note that the same codes can be put at both ends of a dash-dotted line. (iii) A sectional view must be drawn as seen from a right angle against the cross section. <Fig > Example of how to depict [Half sectional view] A [Front view] [A-A line half sectional view] A 35

45 <3> [Half sectional perspective view] The half sectional perspective view is a perspective view showing a quarter of the whole. Along the cross sections of a rotor or a three-dimensional shape equivalent thereto, which are mutually at a right angle at the axis of rotation, a quarter of the object is cut out, and the object in such state is drawn in a perspective view. [Points to be noted in preparing half sectional perspective views] (i) In cases where a half sectional perspective view is prepared as a necessary drawing to specify the form, the [Indication of the view] of the [Half sectional perspective view], which is an explanation of the type of the view, must be stated in the same way as in views depicted by the isometric projection method or the oblique projection method. Please note that since this is a sectional view, it cannot be replaced with a set of six views. (ii) The cut part must be indicated in the same way as in half sectional views. <Fig > Example of how to [Half sectional perspective view] A [Front view] [A-A line half sectional perspective view showing the front, top and right side] A 36

46 (5) [Enlarged view] and [Enlarged view of a part] In cases where the figure is too small to represent the form of the article clearly at the scale at which a set of six views and others are prepared, an enlarged view can be used to enlarge the whole figure at the same proportion. In cases where part of the figure is too small to represent the form of the part clearly at the scale at which a set of six views and others are prepared, an enlarged view of a part can be used to enlarge the part. [Points to be noted in preparing enlarged views of a part] (i) It is necessary to indicate which part of the figure is enlarged by showing it in an arbitrary one of the six views, based on which the enlarged view of a part is created. In such cases, the enlarged part needs to be indicated by an indication line drawn in a dash-dotted line of approximately 0.2-mm thickness. An indication line must not be drawn within the figure. In addition, arrows must be put at both ends of a dashdotted line to show the direction of the enlarged view of a part, and codes are also need to be put there. (Form No. 6 Note (5) & (16)) (ii) It is necessary to enlarge the figure without changing its aspect ratio (proportion) in the original drawing. However, in cases where the original drawing is so small that it is difficult to represent the form of the part accurately, it is impossible to completely match the original form with the partially enlarged form. In such cases, if the part in the original view, which is corresponding to the form in the enlarged view of a part, is depicted in a manner that it is overall consistent with the form in the enlarged view of a part, it shall not be regarded as inconsistent. (iii) The peripheral line of the area separated by an indication line needs to be drawn with solid lines to represent the form as if it were actually cut out. 37

47 <Fig > Example of how to cut out the part and how to put indication lines [XX view] [XX view] [XX view] [XX view] [A-B enlarged view of a part] [C-C' enlarged view of a part] [D-D' enlarged view of a part]] [E-E' enlarged view of a part] <Fig > Example of how to [Enlarged view of a part] (Street light) [Article to the Design] Street light [Left side view] [Front view] [A-A' enlarged view of a part] 38

48 <Fig > Example of how to depict [Enlarged view of a part] [Article to the Design] Dyed obi (obi: broad sash tied over kimono) [Top view] A B A B [A-A' enlarged view of a part] [B-B' enlarged view of a part] 39

49 (6) [Perspective view] (excluding isometric projection drawings, cabinet drawings, cavalier drawings) A perspective view refers to the drawings in general that represent the form seen from an oblique angle. Isometric projection drawings, cabinet drawings and cavalier drawings, which are mentioned above, are all included in a category of perspective views. A set of six views can be replaced with these three types of drawings, but not with other perspective views. However, perspective views other than these three types of drawings have no rules about skew angle, and therefore, applicants can freely depict drawings according to the nature of the article. Especially, they are effective in representing the bumpy surface, and can serve as a necessary drawings when a set of six views, etc. cannot represent the bumpy surface sufficiently. Although other perspective views have a shortcoming that they cannot represent the form as accurately as a set of six views can, their merit is that they can represent the form in a close manner that is actually seen by the eye. Thus, other perspective views are useful to represent the gist of design. [Points to be noted in preparing other perspective views] (i) In cases of preparing perspective views for drawings of an application for design registration, applicants need to represent the form as is seen when observing the six surfaces of the article that are represented by the orthographic projection method as a set of six views, from an oblique angle. (ii) It is necessary to make it as closely consistent with a set of six views as possible. Although a perspective view aims mainly to represent the bumpy part of the surface, if the whole of the perspective view is not consistent with a set of six views, there may be cases where such perspective view will be regarded as not representing the bumpy mode of the form represented by a set of six views, and consequently, the form will remain unclear. 40

50 <Fig > Example of how to depict [Perspective View] 41

51 (7) Drawings of an article that has an opening or separable part, or the form of which is changeable [Points to be noted in preparing views of an article having an opening part] (Please see Part III, 2. Articles having an Opening/Closing Member for more specific information about how to depict views of this type of articles) (i) In cases where applicants need to represent the form of an article having an opening part with the opening part remaining open, and to represent the state in which the article is separated (the form of each separated part), it is necessary to add necessary drawings to represent the form, including [Perspective view with the door open], [Male part of the front view], [Female part of the front view]. Since these drawings are needed to specify the form of the article, it is necessary to depict them accurately. (ii) In cases where the form of an article is changeable, and applicants intend to request a design registration of such form as it appears before, during and after the said change, it is necessary to clearly represent the mode of the change, by adding views such as [Perspective view showing the state in which the form is changing], [Perspective view showing the state in which the form is changed], [Front view showing the state in which the electricity is turned on]. Since these drawings are necessary to identify the form of the article, it is necessary to depict them accurately. 42

52 (8) Shades specifying the surface shape of a three-dimensional object As for the form of, for example, a three-dimensional shape having unevenness on a round surface, there may be cases where multiple sectional views are needed if you try to represent the unevenness in a sectional view. One of the useful methods to handle such a case is to depict shades in the drawing. Shades are to be depicted as part of a figure representing a three-dimensional shape, and are different from shadows. [Points to be noted in depicting shades ] (i) Shades are depicted by lines, dots and other marks. (Form No. 6 Note (7)) (ii) When depicting shades, it is necessary to make a statement to that effect and a statement as to which lines, dots, etc. constitute the shades in the column of [Description of the Design] (Figure and Figure ) (Form No. 6 Note (7)). However, such statements may be omitted if it is obvious that the lines, dots, etc. are depicted for the purpose of specifying the shape even without such explanation, in the light of nature and use/function of each part of the article to the design (Figure and Figure ). If a pattern shown in a figure is difficult to be distinguished from lines, dots, etc. that represent shades, it is recommended to provide an explanation that it is a pattern in the column of [Description of the Design] (Figure ). (iii) To depict lines, dots or other marks that represent shades, it is desirable to imitate the light and dark areas, as closely as possible, that are observed when you actually see the three-dimensional shape. For example, as the light and dark areas that are seen when parallel rays are irradiated on an article obliquely downward from the upper left to the lower right at a 45-degree angle, the applicant needs to draw lines, dots, etc. in a sparse or dense manner to have shades in the drawing. (iv) In order to be distinguished from shape lines, lines that represent shades need to be thinner than the lines of the shape, and dots that represent shades need to be smaller in radius than the width of the lines of the shape. Please note that if the lines of the shape and shading cannot be distinguished from each other, the form may be regarded as unclear. 43

53 <Fig > Differences between shades and shadows Rays of light Shade Shadow <Fig > Example of a statement in [Description of the Design] when representing shades by dots [Top view] [Perspective view] [Description of the Design] The dots represented on the entire surface of each part are all for specifying the surface shape of the three-dimensional object. [Front view] [Right side view] 44

54 <Fig > Example of a statement in [Description of the Design] when representing shades by lines [Left side view] [Top view] [Front view] [Perspective view] [Description of the Design] The following are all for specifying the surface shape of the three-dimensional object: the approximately horizontal and parallel fine lines that are represented in the approximately lower half part of the front view and the top view; the vertical and parallel fine lines that are represented in the approximately middle, left and right parts of the cylinder of smaller radius in the right portion; the radial fine lines that are represented in the approximately right half part of the left side view; the vertical and parallel fine lines that are represented in the approximately middle of the right side view; and the circular fine lines that are represented near the periphery edge section. <Fig > Example for which the statement in [Description of the Design] can be omitted [Article to the Design] Glasses * When considering the nature of the article Glasses, it is not typical to place a line pattern, etc. in the centers of the lenses thereof. 45

55 <Fig > Example for which the statement in [Description of the Design] can be omitted [Article to the Design] Passenger vehicle * When considering the nature of the article Passenger vehicle, it is not typical to place a line pattern, etc. on the body or windows thereof. <Fig > Example for which the statement in [Description of the Design] cannot be omitted [View showing the front, top and right side] [Description of the Design] The fine lines that are represented on the front side in the view showing the front, top and right side are all for specifying the surface shape of the three-dimensional object. [Article to the Design] Soap * When considering the nature of the article Soap, it is not possible to identify whether the lines represent a pattern or the surface shape of the three-dimensional object, without an explanation. 46

56 (9) Drawings prepared using computer graphics Although drawings prepared using computer graphics (CG) represent the form of the design as if it were a photograph, they are actually drawings that have been manually prepared. Thus, a document that contains such drawings shall be regarded as drawings. As such, it is necessary, in principle, to prepare CG drawings according to the prescribed form of drawing. [Points to be noted in preparing views using computer graphics (CG)] (i) Views that do not contain the lines of the shape are accepted. (ii) Views that do not contain the lines of the shape need to have a colored background where necessary. As the color of the background, please use a single color that is not used in the design in the application, and also make a statement to the effect that the single color represents the background in the column of [Description of the Design] (Figure ). However, such statement is unnecessary if it is obvious that the color represents the background even without such explanation (Figure ). (iii) When a brightness change is represented as shading in drawings, it is necessary to make a statement to the effect that such brightness change is shading in the column of [Description of the Design] of the application (Figure ). However, such statement is unnecessary if it is obvious that such brightness change is shading even without such explanation. (iv) When making it clear which part of the design has what color in a drawing that depicts a design having colors with shading represented, please add the [Front view without shading], etc. (Figure ). (v) When preparing drawings using photographic data taken by a digital camera (e.g. by trimming a part of the photograph and adding it to a line drawing), such views are treated as drawings, as in the case of CG. However, in cases of manipulating photographic data taken by a digital camera by erasing elements that do not constitute the design, or calibrating colors, such views are regarded as photographs. 47

57 (vi) When sectional views are needed, oblique parallel lines of approximately 0.2-mm thickness must be drawn in the cross section (e.g. the thick surface) as in the case of regular views (Form No. 6 Notes (5) and (15)) (Figure ). If an applicant wishes to color the cross section, please use a single color that is not used in the design in the application and make a statement to the effect that such colored part represents only the shape of the cross section in the column of [Description of the Design] (Figure ). <Fig > Example of how to depict the drawing using CG <Fig > Example for which it is obvious that the color represents the background even without the statement in [Description of the Design] [Article to the Design] Mouse for computer 48

58 <Fig > Example where it is unclear whether the color represents the background without the statement in [Description of the Design] [Surface view] [Description of the Design] The pale blue color represented in the surrounding part in the surface view is the background for making the surface shape clear. [Article to the Design] Decorative sticker * It is unclear, whether the Decorative sticker is only the sunflower part or the whole drawing including the pale blue part. <Fig > Example where it is not obvious whether a brightness change represents shades without the statement in [Description of the Design] [Perspective view] [Front view] [Top view] [Right side view] [Description of the Design] Shading represented on the entire surface of the front view, the top view, the right side view, and the perspective view are all for specifying the surface shape of the threedimensional object. [Article to the Design] Eraser 49

59 <Fig > When making it clear which part has what color [Top view] [Description of the Design] Shading represented on the entire surface of the front view and the right side view are all for specifying the surface shape of the three-dimensional object. [Front view] [Right side view] [Front view without shading] [Right side view without shading] <Fig > Example of how to depict a sectional view using CG [Top view] [A-A line enlarged sectional view] [Front view] [Right side view] A A 50

60 <Fig > Example of how to depict a sectional view using CG (in cases where the shape of the cross section is represented in color) [Front view] [A-A line enlarged sectional view] A A [Description of the Design] The red color in the A-A line enlarged sectional view represents only the shape of the cross section. As for a sectional view prepared using CG for an application for design registration for a partial design, please see Part II Chapter 2.3 (2)(iii) [Sectional View] prepared using computer graphics (CG). 51

61 B. Drawings for Helping in Understanding the Design and Drawings That Represent the Transparent Part In cases where it is necessary to use additional views supplementarily in addition to a set of six views and others in order to explain the article or to indicate the transparent part, please add reference views (Form No. 6 Note (14)). The reference views include views that indicate functions, etc. of each part, views that indicate the purpose and method of use of an article, and views that indicate the transparent part or translucent part. Since these reference views are not for representing the form itself of the design in the application for design registration, a figure can contain centerlines, baselines, horizontal lines, fine lines or shadings to express shadows, indication lines, codes, or characters that are used for explaining the content, or any other lines, codes or characters that do not constitute the design (Form No. 6 Note (7)). However, the views represented as reference views are used as the basis for finding the design in the application, to help in understanding the material, size, the part that is transparent, the purpose of use, the state of use, etc. of the article to the design. Meanwhile, in a case where reference views show a shape, a pattern, or a color different from those shown in the set of six views and the other required drawings, the different elements themselves are not taken into consideration in finding the form of the design of the application (Part I Chapter II of the Examination Guidelines for Design). 52

62 2B.1 Reference views indicating functions, etc. of each part Reference views that represent functions, etc. of each part are useful in representing the specific constitution of each part or the method of use of an article. This type of reference views is, in general, depicted by adding indication lines, characters, codes, etc. to a view which is similar to any of a set of six views, etc. It is sufficient if such reference view is represented so that it can be understood which part of the form represented in one of a set of six views, etc. is depicted therein. <Fig > Example of how to depict [Reference view indicating functions of each part] [Reference front view indicating functions of each part] Bath temperature display Combustion lamp of a bath burner Bath temperature control switch On/off bath switch (Note) Since this reference view is shown here for explanation, other views are omitted. 53

63 2B.2 Reference views indicating the state of use In cases where conventional knowledge does not help in understanding the purpose and method of use of the article, which makes it impossible to understand the design, an applicant needs to state an explanation that helps understand the design in the column of [Description of Article to the Design], including the purpose, the method and the state of use. In addition to that, [Reference view showing the state of use], etc. need to be added, where necessary. Since [Reference view showing the state of use], etc. have no restrictions on how they can be depicted, it is possible to include things other than the article to the design (e.g. in cases of filing an application for design registration concerning components of an article, the view in which the whole article is depicted with the components incorporated thereinto can be submitted as [Reference view showing the state of use]). <Fig > Example of how to depict [Reference view indicating the state of use] [Article to the Design] Rear end cap for electrical connectors [Description of Article to the Design] This article is a cap to be put on the rear end of a housing for an electrical connector, and to be fixed by a pair of locking pieces. Electric wires drawn out from the housing are bent within this article, and pulled out from the cutout part of this article. [Reference perspective view indicating the state of use] 54

64 2B.3 Reference views indicating the transparent part In cases where a part of the form has transparency or translucency, and the statement of the [Description of the Design] is not sufficient to make it understood where the transparent part is positioned, it is necessary to clearly show it by adding [Reference view indicating the transparent part] to six views, etc. In the case of representing the transparent part as it is, the figure tends to be more complicated than that of the article without the transparent part, which makes it difficult to represent the form accurately. Thus, it is useful to add [Reference view indicating the transparent part] even though the statement about the transparent part in [Description of the Design] is clear enough to understand which part of the article is the transparent part (Please see Part III, 4. Transparent or Translucent Articles for more specific information about how to depict views of articles having transparent part, etc.). <Fig > Example of how to depict [Reference view indicating the transparent part] [Article to the Design] Television rack [Front view] [Perspective view with the cabinet door open] [Reference view indicating the transparent part] 55

65 C. Photographs substituted for drawings Applicants can file an application for design registration, attaching photographs, instead of drawings that depict views. In the case of submitting photographs, the method of representing the form is the same as in the case of submitting drawings. In other words, a set of six views must be prepared by taking photographs of those six surfaces in the same way as is seen when depicting a set of six views. [Points to be noted in taking photographs substituted for drawings] (i) It is necessary not to include what does not constitute the design (e.g. the background, shadows that are not shades, images reflected on the mirror surface). (ii) In cases where shades created by shading that appear on the bumpy surface (please see 2A. 5 (8) Shades specifying the surface shape of a three-dimensional object ) seem to be difficult to be distinguished from patterns, applicants need to make a statement about how to distinguish shades from patterns in the column of [Description of the Design]. (iii) To avoid including the background or the surface of the table where the object is put as patterns, etc., applicants need to carefully set up a photographic stage so that patterns, etc. that do not constitute the design may not be shot, by covering the background or the table with the same color material such as a white or black cloth. (iv) Please be careful for not photographing by the perspective drawing method, where the front of the object becomes larger and the other end of the object becomes smaller. (v) Digital photographs that have been manipulated, such as clearing the form, eliminating what does not constitute the design, can also be accepted as photographs (Please note that the form represented by the manipulated photograph data is regarded as the design in the application). (vi) It is possible to combine photographs and views to prepare a set of six views. In such cases, applicants need to make sure that photographs and drawings are 56

66 consistent with each other. For example, in cases where, while photographs represent shading related to the gist of the design, drawings represent only the shape, it shall be regarded that the specified form is not represented since photographs and drawings are not consistent with each other. Please note that photographs and drawings must be separated in the application, and the [Document Name] should be Photographs and Drawings, respectively. (vii) It is not allowed to incorporate drawn lines into photographs to claim it one photograph. Please note that a drawing created by computer graphics (CG) with photographic data partially incorporated thereinto shall be deemed as a drawing. (Please see 2A. 5 (9) Drawings prepared using computer graphics ) <Fig > Example of attaching photographs [Document name] Photographs [Front view] [Rear view] *The size of each photograph (image) cannot exceed 150 mm (W) x 113 mm (L). [Right side view] [Top view] [Reference view indicating the state of use] [Left side view] [Bottom view] 57

67 D. Specimens and models For some types of articles, applicants may file an application for design registration attaching specimens or models, instead of drawings that depict views. Specimens or models that can be submitted to represent the design shall be limited to those which falls within the scope prescribed by Ordinance for Enforcement in terms of materials, the size and other elements. [Limitations of specimens and models submitted as a replacement of drawings) (Please see Article 5 of the Ordinance for Enforcement of the Design Act). (i) The size must not be more than length 26 cm x width 19 cm x thickness 7 mm. Specimens or models that are larger than this size cannot be submitted. Width 19 cm or less Length 26 cm or less Thickness 7 mm or less However, when using a thin cloth or paper as a specimen or model, applicants can submit it if both length and width are 1 m or less, and if it can be put into the prescribed bag of 7 mm thickness by being folded. (ii) Specimens and models must be hardly broken, and must not easily change in shape or quality. For example, things that can be easily chipped, those that are susceptible to natural deterioration, natural discoloration, natural resolution, and those that will be rotten cannot be submitted (e.g. fragile glass products or food). (iii) Specimens and models must not be difficult to handle or preserve. For example, things that have a sharp needle or blade, which causes the danger in handling, or those that may break the containing bag cannot be submitted (e.g. sewing needles or blades). 58

68 (Note) Please put a specimen or model into a strong, hard-to-tear bag, and desirably, if possible, put it directly into a transparent bag so that it may be seen (there may be possibility that the content of the design for which the design registration is requested may be deemed as unclear, please do not put a specimen or model into a sealed bag, box or others before putting it into the prescribed bag). (Example) 書類名 見本 Attention! A specimen or model must be put directly into the prescribed bag as shown here, without being put into a sealed bag or box. 意匠登録出願人の 氏名 ( 名称 ) 意匠に係る物品 XY Strap for mobile phone 出願番号 出願日 59

69 Part II How to Represent Partial Design Partial design is to seek design registration concerning the form of a part of the article. Therefore, how to make a statement in the application, drawings and others for a partial design is, in principle, the same as for a whole design. However, there are rules unique to partial designs. The following is the explanation of how to make a statement in the application and drawings, which is unique to partial designs, as well as points to be noted in preparing the application and drawings. 60

70 1. Statement in the Application 1.1 The column of [Partial Design] It is necessary to put the column of [Partial Design] above the column of [Article to the Design] (Form No. 2 Note (8)). Although the column of [Partial Design] is inserted, no statement is needed for this column. For [Document Name], which is positioned on the top, please state Application for Design Registration as you do in an application for the whole design. 1.2 The column of [Article to the Design] The part for which the design registration is requested is the form of a par of the article. However, a classification of the entire article must be stated in the column of [Article to the Design]. Therefore, in cases of filing an application for design registration concerning the grip part of a newly designed camera as partial design, the statement in the column of [Article to the Design] should be camera. Please be careful not to state the grip part of the camera instead. The same rule shall apply to a partial design as to a whole design regarding how to state a classification of article for the entire article. 1.3 The column of [Description of Article to the Design] In partial designs, the usage and function of the part for which the design registration is requested shall be important elements based upon which a judgment is made. Therefore, in cases where it is difficult to help understand the usage and function of the part for which the design registration is requested through drawings alone, it is necessary to give an explanation of the usage and function of said part (It is possible to give a clear explanation through reference views instead of stated explanation). In cases where the [Article to the Design] does not belong to any items of the Classification of Articles listed in Appended Table 1, it is necessary to give an explanation that would help understand the article, including the purpose of use or the state of use of the article, as is needed for a whole design. 61

71 1.4 The column of [Description of the Design] In addition to what needs to be stated for a whole design, applicants need to state how to specify the part for which the design registration is requested. When omitting the views in which only any other parts than the part for which the design registration is requested appear, applicants need to make a statement to that effect. (1) How to state the method of specifying the part for which the design registration is requested (i) In cases of, for example, drawing the part for which the design registration is requested with solid lines and any other part with broken lines, the statement in the column of [Description of the Design] shall be that The part represented by a solid line is the part for which the design registration is requested as a partial design (Form No. 6 Note (11)). When drawing the boundary between the part for which the design registration is requested and any other part with dash-dotted lines, it is necessary to make a statement to the effect that The dash-dotted line is the one that indicates only the boundary line between the part for which the design registration is requested as a partial design and any other part. Likewise, in the case of distinguishing the part for which the design registration is requested from any other part by coloring, it is necessary to make a statement to the effect that, for example, Any part other than the part colored in xx (which is a single color that is not included in the design in the application) is the part for which the design registration is requested as a partial design. (ii) As for a specimen or a model, it is necessary to make a statement to the effect that, for example, Any part other than the part painted over in black is the part for which the design registration is requested as a partial design, according to the rule on how to represent the part for which the design registration is requested in the case of a specimen or a model. (Form No. 8 Note (3)). (iii) As for photographs substituted for drawings, it is necessary to make a statement to the effect that, for example, Any part other than the part painted over in black is the part for which the design registration is requested as a partial design, according to the rule on how to represent the part for which the design registration is requested in the case of a photographed object. 62

72 (2) How to state when omitting the views in which only any other parts appear (i) As for views in which only any other parts than the part for which the design registration is requested appear, when some of such views are omitted, it is necessary to make a statement to the effect that, for example, The rear view, the top view and the left side view are omitted because the part for which the design registration is requested does not appear in those views. (ii) As for a graphic image on a screen that is displayed on an article itself or another article that is used with the article in an integrated manner as is prescribed in Article 2, paragraph (2) of the Design Act, when filing an application for design registration of the graphic image on a screen displayed on another article that is used with the article in an integrated manner, if applicants omit a set of drawings or some of them that represent the article to the design other than the graphic image view, it is necessary to make a statement that, for example, A set of drawings that represents the form of the entire article to the design is omitted since the part for which design registration is requested does not appear. 63

73 Insert [Partial Design] State how to specify the part for which design registration is requested 64

74 2. The Depiction in Drawings 2.1 Basics of the depiction in drawings for partial design Although the part for which the design registration is requested is the form of a part of an article, the form of the entire article that is stated in the column of [Article to the Design] needs to be depicted in drawings. In doing so, it is necessary (i) to depict the part for which the design registration is requested in a manner that would help understand the specific form of the part; and (ii) to represent any other parts to the degree that it is at least possible (a) to help understand what the article is all about and (b)to specify the position, size and scope of the part for which the design registration is requested. As for how to depict drawings, the same rule shall apply as to the whole design, except for the following rules of depiction unique to partial designs. 2.2 How to specify the part for which the design registration is requested In partial designs, it is necessary to make it clear which part of the entire article is the part for which the design registration is requested. In order to do that, the part for which the design registration is requested should be drawn with solid lines, and any other parts should be drawn with broken lines. It is also possible to specify the part for which the design registration is requested by distinguishing the part for which the design registration is requested from any other parts by coloring, etc. Please note that the basic rules on how to depict each form is the same as is mentioned in the previous chapter (Part I Basics of How to Represent the Design in the Application). [Points to be noted in specifying the part] (i) It is necessary to specify the part for which the design registration is requested by both submitting a set of six views and making a statement in the column of [Description of the Design]. 65

75 (ii) It is not allowed to specify the part for which the design registration is requested by submitting reference views that are not included in a set of six views. (iii) It is not allowed to specify the part for which the design registration is requested by surrounding the part by, for example, an indication line or a bold line. (iv) In cases where specifying the part for which the design registration is requested by distinguishing the part for which the design registration is requested from any other parts by coloring, etc., any other parts must be painted over in a single color that are not included in the design in the application. Please note that in cases where the part for which the design registration is requested is colored, the color itself is included in the part for which the design registration is requested. <Fig > Example of distinguishing the parts by solid lines and broken lines [Top view] [Front view] [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. *For convenience of explanation, part of the statement in the application and other drawings are omitted. <Fig > Example of coloring any other parts in gray [Top view] [Front view] [Description of the Design] The part other than the part colored in gray is the part for which the design registration is requested. *For convenience of explanation, part of the statement in the application and other drawings are omitted. 66

76 <Fig > <Fig > Example of distinguishing parts by solid Example of coloring any other parts lines and broken lines [Front view] [Front view] [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. *For convenience of explanation, part of the statement in the application and other drawings are omitted. [Description of the Design] The part other than the part colored in pale blue is the part for which the design registration is requested. *For convenience of explanation, part of the statement in the application and other drawings are omitted. 2.3 How to depict drawings specifically and points to be noted (1) How to depict a set of six views When filing an application for design registration as partial design concerning the rectangular parallelepiped, the upper part of a three-dimensional shape in Figure 2.2-5, applicants need to draw the part for which design registration is requested with solid lines and any other parts with broken lines, as shown in Figure It is necessary to represent even a view in which the part for which the design registration is requested does not appear. <Fig > Example of 3D shape 67

77 <Fig > Example of how to state in [Description of the Design] and how to depict drawings [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. [Top view] [Left side view] [Front view] [Right side view] [Rear view] [Bottom view] 68

78 (2) How to depict [Sectional view] (i) General rules on how to depict [Sectional view] A sectional view of partial design needs to be depicted in the same way that the part for which the design registration is requested is depicted to be distinguished from any other parts when you prepare a set of six views. For example, in the case of a three-dimensional shape in Figure 2.2-7, only the part for which the design registration is requested is depicted with solid lines (it is not necessary to differentiate hatchings showing the cross section between the part and any other parts), as shown in the [Central longitudinal section of the front view] of Figure <Fig > Example of 3-D shape <Fig > Example of how to depict [Sectional view] [Top view] [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. The rear view, the left side view and the right side view are omitted since they are the same as the front view. [Bottom view] [Front view] [Central longitudinal section of the front view] (ii) A sectional view that is necessary to specify the scope and the form of the part for which the design registration is requested In cases where a set of six views is not enough to specify the form and the scope of the part for which the design registration is requested, applicants need to specify it by submitting a sectional view. For example, in cases of preparing drawings in which the part represented by solid lines in the Three-Dimensional Shape 1 in Figure is the part for which the design registration is requested, a set of six views (Figure ) alone cannot specify the form of Three-Dimensional Shape 1 since several modes of partial design (Figure ) can be possibly thought of. 69

79 In such cases as this, as shown in Figure , applicants need to specify the scope and the form of the part for which the design registration is requested by submitting two types of sectional view. Please note that when using sectional views to specify the part for which the design registration is requested, please state in the column of [Description of the Design] that, for example, The part for which design registration is requested as a partial design is specified by various views, including sectional views. <Fig > Example of 3-D shape 3-D Shape 1 <Fig > Drawing without sectional views [Top view] [Front view] [Right side view] [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. Not only is the rear view a mirror image to the front view, but also the left side view and right side view, and the bottom view and the top view are identical to each other, respectively. Therefore, the rear view, the left side view and the bottom view are omitted. 70

80 <Fig > Possible Modes of partial design based on the drawing above 3-D Shape 2 3-D Shape 3 3-D Shape 4 <Fig > Drawings that can specify the scope and the form of the part for which the design registration is requested [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. The part for which design registration is requested as partial design is specified by various views, including a central traverse section of the front view and an A-A line sectional view. Not only is the rear view a mirror image to the front view, but also the left side view and the right side view, and the bottom view and the top view are identical to each other, respectively. Therefore, the rear view, the left side view and the bottom view are omitted. [Top view] [Central traverse section of font view] [A-A line sectional view] [Front view] A [Right side view] A 71

81 (iii) [Sectional View] prepared by computer graphics (CG) Oblique parallel lines of approximately 0.2-mm thickness must be drawn on the cross section (e.g. the thick part) as in the case of regular views (Form No. 6 Note (5) & (15)) (Figure ). When representing cross section by coloring, applicants need to paint over in a single color, which is neither a color that is used to specify the part for which design registration is requested nor a color that constitutes the design in the application. In addition, it is necessary to make a statement to the effect, in the column of [Description of the Design], that the part represented in the color only shows the shape of cross section (Figure ). <Fig > Example of views prepared by computer graphics (CG) [A-A line enlarged sectional view] [Top view] [Front view] [Right side view] A A [Description of the Design] Any part other than the part colored in orange is the part for which the design registration is requested. 72

82 <Fig > Example of views prepared by computer graphics (CG) (when representing the shape of cross section by coloring) [A-A line enlarged sectional view] [Front view] A A [Description of the Design] Any part other than the part colored in orange is the part for which the design registration is requested. The red color in the A-A line enlarged sectional view is to represent only the shape of the cross section. 73

83 (3) The boundary between the part for which the design registration is requested and any other parts In cases of representing the part for which the design registration is requested by solid lines, since the part for which the design registration is requested is a closed area, if the outline of the area is identical to the shape line (e.g. the ridge line of the corner part), the part for which the design registration is requested can be specified by drawing the entire outline thereof with solid lines. However, in cases where drawing a boundary between the part for which the design registration is requested and any other parts on a plane surface, it is necessary to represent it as follows: (i) In cases where a boundary between the part for which the design registration is requested and any other parts is the one in which different materials (or member) are connected. a) Making a statement to that effect in the column of [Description of the Design]. For example, in the three-dimensional shape of Figure , when applying an application for design registration concerning the upper part specified by the solid lines that appear at the shifting part, as the boundary line, where different materials (or member) are connected, on the flat part of the peripheral surface, applicants need to prepare drawings as shown in Figure on the next page. <Fig > 3-D shape composed of different materials 74

84 <Fig > Example of a statement to the effect that the part where different materials are connected is the boundary, in the column of [Description of the Design] [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. The lines that appear at the bottom of the part for which design registration is requested as partial design indicate not only the boundary between the part for which the design registration is requested and any other parts, but also the shifting part where different materials are connected. [Top view] [Left side view] [Front view] [Right side view] [Rear view] [Bottom view] 75

85 b) Utilizing [Sectional view] In cases where the boundary between the part for which the design registration is requested and any other parts is the one at which different materials (or member) are connected, the part for which the design registration is requested can be specified by indicating the boundary at which different materials are connected in a sectional view. The direction of hatching (oblique parallel line drawn in a sectional view) must be shifted at which different materials (or member) are connected to show it as the boundary. <Fig > Example of representing the part where different materials are connected as the boundary in a sectional view [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. [Top view] [Left side view] [Front view] [Right side view] [Rear view] [Central longitudinal section of the front view] [Bottom view] 76

86 (ii) In cases where there is no boundary between the part for which the design registration is requested and any other parts. In cases where there is no such boundary as the one at which different materials, etc. are connected as mentioned above, in the area where the boundary between the part for which the design registration is requested and any other parts needs to be established, the boundary can be represented by dash-dotted lines, etc., drawn as the line indicating the boundary. Additionally, in the column of [Description of the Design], applicants need to make a statement to the effect that The dash-dotted line is the one that indicates only the boundary between the part for which the design registration is requested as partial design and any other parts. a) In cases of making the boundary on the round-shaped part <Fig > Example of representing the line indicating the boundary on the roundshaped part [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. The dashdotted line is the one that indicates only the boundary between the part for which the design registration is requested as partial design and any other parts. [Top view] [Left side view] [Front view] [Right side view] [Rear view] [Bottom view] 77

87 b) In cases of making the boundary on a flat part <Fig > Entire form of the article, the flat part of which is requested for design registration as partial design. In cases of filing an application for design registration concerning the part that contains three protrusions as shown in the view on the left, applicants can specify the part to be requested by preparing views as shown in Figure In such a case as this, applicants need to state in the column of [Description of the Design] that, for example, The part surrounded by dash-dotted lines is the part for which the design registration is requested as partial design. The dash-dotted line is the one that indicates only the boundary between the part for which the design registration is requested as partial design and any other parts. <Fig > Example of representing the line indicating the boundary on the flat part [Description of the Design] The part surrounded by dash-dotted lines is the part for which the design registration is requested as partial design. The dash-dotted line is the one that indicates only the boundary between the part for which the design registration is requested as partial design and any other parts. [Top view] [Left side view] [Front view] [Right side view] [Rear view] [Bottom view] 78

88 (iii) Cases where the line indicating the boundary is unclear In cases where there is no line indicating the boundary depicted, it is impossible to specify the part for which the design registration is requested since the scope thereof is unclear. Even if the line indicating the boundary is drawn with a broken line that is also used to represent any other parts, it is still unclear which is the line indicating the boundary. This means failing to specify the part for which the design registration is requested. <Fig > Example of the drawing that cannot specify the part for which the design registration is requested [Top view] [Front view] [Right side view] 79

89 (4) [Enlarged view] of partial design In partial designs as well as whole designs, enlarged views need to be submitted when a set of six views alone cannot represent the details sufficiently. (i) In cases where the marginal rim of enlarged view is included in the part for which <Fig > the design registration is requested [Article to the Design] Dyed obi (broad sash tied over kimono) [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. The dash-dotted line is the one that indicates only the boundary between the part for which the design registration is requested as partial design and any other parts. A [Top view] A [A-A' enlarged view of a part] (ii) In cases where the marginal rim of enlarged view is included in any other parts <Fig > [Article to the Design] Dyed obi (broad sash tied over kimono) [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. A [Top view] A [A-A' enlarged view of a part] 80

90 (5) [Reference view explaining the operative part], etc. What is especially different in partial designs from in whole designs is that the usage and function of the part for which the design registration is requested must be clearly stated in an application for design registration for partial design (Please see the Examination Guidelines for Design 71.3) Therefore, if the usage and function of the part for which the design registration is requested cannot be easily understood by common knowledge in the field, it is necessary not only to make a statement in the column of [Description of Article to the Design], but also to make them clear through [Reference view explaining the operative part], [Reference view indicating the name of each part] and other views. <Fig > Example of [Reference view indicating the name of each part] [Article to the Design] Recording and playing machine for recording medium and electronic still cameras with a monitoring display [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. [Perspective view] [Top view] [Reference perspective view indicating the name of each part] [Reference top view indicating the name of each part] Monitoring display Photographing button Recording medium insertion slot Camera Recording medium playback button 81

91 (6) The degree of disclosure of any other parts In drawings for partial designs, the form of any other parts needs to be represented to a level where the form of an article to the design is represented, along with the part for which design registration is requested. In addition, it is also necessary to represent the form of any other parts in a way to specify the position, size and scope of the part for which the design registration is requested of the entire article. (Please see the Examination Guidelines for Design ) For example, in the partial design shown below in Figure , [Article to the Design] is a mobile phone and the part for which the design registration is requested is the speaker portion (the vertically long part surrounded by a solid line). In this drawing (Figure ), it cannot be specified where the speaker portion, which is the part for which the design registration is requested, is positioned against each part of the mobile phone. Therefore, in order to specify the position of the part for which the design registration is requested, which has a function of speaker, the form of each part needs to be depicted at least to a level that any other parts are represented in the two drawings below, Figure and Figure <Fig > Example of omitting any other parts excessively [Top view] [Front view] [Article to the Design] Mobile phone [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. <Fig & 27> Examples of depicting any other parts to the necessary degree [Top view] [Top view] [Front view] [Front view] 82

92 (7) In cases where the pore portion of an article is requested as partial design The pore or the cutout portion itself is not an appearance of an article since it is a space. However, it is possible to represent the form of the pore or the cutout portion if the wall surrounding the pore or the cutout portion is requested as the part for which the design registration is requested. <Fig > Example of requesting the form of the wall surrounding the pore as the part for which the design registration is sought [Article to the Design] Key member [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. The rear view is omitted since it is represented symmetrically to the front view. The part for which design registration is requested as partial design is specified by various views, including the A-A line sectional view. [Top view] [Left side view] [Front view] [Right side view] [A-A line sectional view] A A [Bottom view] (Note) In the above example, it is difficult in general to specify whether the heart-shaped portion in the upper part of the front view is a line pattern or a pore unless the A-A line sectional view was submitted at the time of filing. 83

93 <Fig > Example of requesting the form of the wall surrounding the pore as the part for which the design registration is sought [Article to the Design] Inner tube holder for storing cables [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. [Top view] [Left side view] [Front view] [B-B line sectional view] [Perspective view] 84

94 (8) In cases of omitting views in which only any other parts appear As for views in which only any other parts than the part for which design registration is requested as partial design appear, it is allowed to omit a set of drawings or some of them as long as it will not affect the specifying of the partial design. (i) In cases of filing an application for design registration concerning the part of an article, and omitting views in which only any other parts than the part for which design registration is requested as partial design appear In cases of filing an application for design registration concerning the part of an article, any other parts need to be represented to a level that makes it possible to specify what the article looks like and the position, size and scope of the part for which the design registration is requested in the entire article. However, as long as it will not affect the specifying of design, it is possible to omit the views in which only any other parts appear. Yet, views that can be omitted are limited to any of the following from (a) to (c). (a) Either a front view or a rear view (b) Either a left side view or a right side view (c) Either a top view or a bottom view Therefore, out of the six views, three views that fall under the category from (a) to (c) are needed as the minimum requirement (For example, the front view, the right side view, and the top view). In addition, applicants need to make a statement to the effect that the views are omitted in the column of [Description of the Design]. Please note that there may be cases where a sectional view or an end elevational view is needed in specifying the form of the part for which the design registration is requested, whether omitting the above-mentioned views or not. 85

95 <Fig > Example of omitting some views in which only any other parts appear [Article to the Design] Mobile phone with a camera [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. The rear view, the top view and the left side view are omitted since those views do not include the part for which the design registration is requested. [Front view] [Right side view] [Bottom view] In cases where the part for which the design registration is requested appears only in the front view, it is possible to omit either of the left side view or the right side view, either of the top view or the bottom view, along with the rear view. In doing so, please make a statement to the effect that those views are omitted. 86

96 <Fig > Example of omitting some views in which only any other parts appear [Article to the design] Packaging container [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. The part for which design registration is requested as partial design is specified by various views, including the sectional view. The dash-dotted line is the one that indicates only the boundary between the part for which the design registration is requested and any other parts. The rear view, the top view and the left side view are omitted since those views do not include the part for which the design registration is requested. [Front view] [Right side view] [B-B line sectional view] [Bottom view] [A-A line sectional view] This is a good example of specifying the scope and the form of the part for which the design registration is requested. Please note that as shown here, there may be cases where a sectional view is needed in specifying the part for which the design registration is requested. (As for the omission of views in this example, it is also possible to state The left side view and the rear view are omitted since they are identical to the right side view. The top view is omitted since it does not include the part for which the design registration is requested. (Please see the Examination Guidelines for Design ) 87

97 <Fig > Example of omitting some views in which only any other parts appear [Article to the Design] Remote controller for a lighting apparatus [Description of the Design] The part surrounded by a dash-dotted line is the part for which the design registration is requested as partial design. The dashdotted line is the one that only indicates the boundary between the part for which the design registration is requested as partial design and any other parts. The rear view is omitted since it does not include the part for which the design registration is requested. [Top view] [Left side view] [Front view] [Right side view] [Bottom view] Since the rear view alone does not include the part represented by a solid line, the rear view alone can be omitted. (In this example, the left side view and the right side view, and the top view and the bottom view are identical to each other, respectively. Therefore, it is possible to omit either one of the two.) 88

98 <Fig > Example of omitting some views in which only any other parts appear [Article to the design] Route guidance indicator [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. The view showing the front, top and right side is a cabinet drawing, and the inclination angle is 45 degree. The rear view, the bottom view and the left side view are omitted since those views do not include the part for which the design registration is requested. [View showing the front, top and right side] Setting destination Address Genre Name Telephone number Surroundings History The isometric projection method and the oblique projection method are the drawing method by which it is possible to depict, in one drawing, the contents corresponding to three views out of a set of six views prepared at the same scale by the orthographic projection method. (Please see Part I, 2A.3) As shown in this example, it is possible to omit the rear view, the bottom view and the left side view since those views represent only any other parts, not including the part for which design registration is requested, and instead to represent the front view, the right side view and the top view by a cabinet drawing using the oblique projection method in one drawing as [View showing the front, top and right side]. 89

99 <Fig > Inappropriate example (where omitting all the views in which only any other parts appear) [Article to the Design] Mobile phone with a camera [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. The top view and the bottom view, the left side view and the right side view, and the rear view are omitted since those views do not include the part for which the design registration is requested. [Front view] (Note) Even though the part for which the design registration is requested appears only in the front view, it is not allowed to omit all the other views in which the part for which the design registration is requested does not appear. It should be noted that if an amendment is made by adding views later on, it means clarifying the form of the part for which the design registration is requested, which was unclear at the time of filing, as well as the position, size and scope of the part for which the design registration is requested in the entire article, and therefore, such amendment shall be dismissed. <Fig > Inappropriate example (where requesting, as partial design, graphic images displayed on the display part that the article itself possesses, and omitting any other parts) [Article to the Design] Mobile phone with a camera [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. A set of drawings that represents the form of the whole article to the design is omitted since they do not include the part for which the design registration is requested other than the display part. [View representing the display part] (Note) In cases of requesting, as partial design, graphic images displayed on the display part that the article itself possesses, if all of any other parts are omitted, it is impossible to specify the form of the part for which the design registration is requested, or the position, size and scope of the part for which the design registration is requested in the entire article, and therefore, such omission shall not be allowed. 90

100 <Fig > Inappropriate example (where the design cannot be specified) [Article to the design] Packaging container [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. Said part is a pattern. The dash-dotted line is the one that only indicates the boundary between the part for which the design registration is requested and any other parts. The rear view, the left side view and the bottom view are omitted since those views do not include the part for which the design registration is requested. [Top view] [Front view] [Right side view] (Note) In this example, the minimum requirements are met by submitting three types of views. However, the container has the top flange. So, if the bottom view is omitted, it is impossible to specify the form of the part for which the design registration is requested. It can be understood that the part represented by solid lines shows a pattern. However, since it is not clear whether it is a pattern on a flat surface or a pattern on a curved surface, it is impossible to specify this as one design. [Examples of the bottom view that can be assumed based on the three views above] It should be noted that if an amendment is made by adding the bottom view later on, it means clarifying the form of the part for which the design registration is requested, which was not clear at the time of filing, as well as the position, size and scope of the part for which the design registration is requested in the whole article, and therefore, such amendment shall be dismissed. As seen in this example, even in cases where either of a top view or a bottom view can be omitted since a solid line appears in neither of them, applicants have to be careful in selecting which view to be omitted. 91

101 ii) As for a graphic image on a screen that is displayed on an article itself or another article that is used with the article in an integrated manner as is prescribed in Article 2, paragraph (2) of the Design Act, when filing an application for design registration for partial design concerning only the graphic image displayed on another article that is used with the article in an integrated manner, if applicants omit a set of drawings or some of them that represent the article to the design other than graphic image views For example, in cases of filing an application for design registration for partial design concerning only graphic image in such an article as a DVD player, where the image for operation is displayed on the TV screen, a set of drawings that represents the form of the player itself explains the article, and therefore, does not have any impact on specifying the position, size and scope of the graphic images. Additionally, even in cases of an article that is difficult to be understood only through the statement in the column of [Article to the Design], or a novel article, it is possible to identify the article through an explanation given in the column of [Description of the Article to the Design]. Therefore, omitting a set of drawings that represents the form of the whole article will not affect the specifying of the design. As such, in cases of filing an application for design registration for partial design concerning only the graphic image displayed on another article that is used with the article in an integrated manner as is prescribed in Article 2, paragraph (2) of the Design Act, it is possible to omit a set of drawings or some of them that represent the article to the design other than graphic image views. Yet, please note that applicants must make a statement without fail, in the column of [Description of the Design], to the effect that those views are omitted. 92

102 <Fig > Example of omitting a set of drawings that represents an article to the design other than graphic image view [Article to the Design] Magnetic disk recorder with tuner [Description of Article to the Design] This article is a magnetic disk recorder, having a tuner with capability of receiving digital High- Vision broadcasting and functions of recording and playing the received TV broadcast programs. The graphic image represented in the graphic image view shows a graphic image for operation that is displayed on the display equipment that is used at the same time when the article is used. The graphic image view shows the graphic image that can activate the function of playing the recorded TV broadcast programs. In the center of the image are the TV broadcast programs displayed, and the operation button on the right side is for selecting the programs, hitting the OK, etc. [Description of the Design] The part represented by solid lines is the part for which the design registration is requested as partial design. A set of drawings that represents the form of the whole article to the design is omitted since they do not include the part for which the design registration is requested. [Graphic image view] [Reference view explaining the operating part] Operation button Menu display Selection Menus 93

103 2.4 In cases where submitting models or specimens In cases of representing a partial design through models or specimens instead of drawings, applicants need to distinguish the part for which the design registration is requested from any other parts by painting over any parts other than the part for which design registration is requested in black, gray or the like (Form No. 8 Note (3)). In doing so, please make sure that the color will not be deteriorated over the course of time. Additionally, it is necessary to make a statement to the effect that the part other than the painted part is the part for which the design registration is requested. (Form No. 8 Note (3)) 2.5 In cases where submitting photographs substituted for drawings In cases of representing a partial design through photographs substituted for drawings, applicants can represent the part for which the design registration is requested by painting over any other parts of the object, as is the case with models or specimens, and then taking a photograph of them. It is also necessary to make the similar statement to that for models or specimens regarding specifying the part for which the design registration is requested, in the column of [Description of the Design] of the application. 94

104 Part III How to Represent the Form by Features In the application for design registration, a wide ranging forms of a wide ranging articles can be requested. Therefore, there are some cases where the rules described in Basics of the Statement in Applications and Basics of the Statement in Drawings in Part I do not specifically explain how to represent them. In addition, Part I does not mention the special method of fully representing a design under the constraint of the prescribed format, such as the size of the drawing. Here in Part III, it will be explained how to represent the design of special forms for which basic rules do not provide enough information, and therefore, it is difficult to figure out how to represent them. 95

105 1. Articles having a separable part In cases where a part or the whole of the article is separable into each constituent, such as fountain pens or packaging bottles composed of a cover and a main body, buckles composed of a combination of male and female members, it is necessary to prepare a set of six views that represents the article with all the constituent parts combined as the basic state, and furthermore, to prepare other drawings that can clarify the form of each constituent part. (Form No. 6 Note (18)) 1.1 Designs compose of a main body and a cover As for the design composed of a main body and a cover, it is necessary to clarify the form of each constituent part, that is, a main body and a cover. In such cases, necessary drawings are different, as shown on the next page, depending on what the article is, or what kind of form the hidden part is. (i) As for the article whose hidden part will not show its specific form unless the hidden part is intentionally exposed with a cover removed from the main body (e.g. a nib of a fountain pen), it is necessary to prepare a set of six views or to add a perspective view, etc., which represents the state of the article in which the cover is removed and the hidden part is exposed, in order to represent the entire form of the article in the state where the cover is removed and the hidden part is exposed. (ii) As for the article concerning whose hidden part the specific form can be assumed, due to the nature of the article, etc., through a sectional view that represents the article with a cover attached to the main body (e.g. the mouth part of a cylindrical bottle), it is sufficient to clarify the hidden part by adding a sectional view in which the hidden part is cut with a cover attached to the main body. 96

106 <Fig > Example of the drawing representing the entire form and the main body with a cover removed from the main body [Article to the Design] Fountain pen [Description of the Design] The bottom view and the top view are mirror images to each other. The bottom view of the main body and the top view thereof are mirror images to each other. [Top view] [Left side view] [Front view] [Right side view] [Rear view] [Top view of the main body] [Left side view of the main body] [Front view of the main body] [Right side view of the main body] [Rear view of the main body] 97

107 <Fig > Example of the drawing representing the hidden party in a sectional view [Article to the Design] Packaging container [Description of the Design] The left side view and the right side view are mirror images to each other. [Top view] [A-A line sectional view] [Front view] [Right side view] [Rear view] [Central longitudinal section of the front view] A A [Bottom view] 98

108 1.2 Designs having a pair of male and female members As for the article composed of a pair of male and female members, including buckle, hooks for garments, keys for furniture, the basic drawings, including a set of six views, need to be prepared with the pair members combined with each other. Additionally, it is also necessary to prepare a set of six views or to add perspective views for male and female members, respectively, in order to specify their forms. <Fig > Example of the drawing representing a pair of male and female members [Article to the Design] Buckle [Description of the Design] The rear views and the front views of male and female members, as well as the bottom views and the top views thereof are mirror images to each other, respectively. [Top view] [Left side view] [Front view] [Right side view] A A [A-A line sectional view] [Female member top view] [Male member top view] [Female member left side view] [Female member front view] [Female member right side view] [Male member left side view] [Male member front view] [Male member right side view] C C B B [B-B line sectional view] [C-C line sectional view] 99

109 2. Articles having an opening/closing member There is a design having an opening and closing member, including a door or a cover using the hinge structure, or a design having a part that freely inclines forward and backward, due to which the mode is changeable, such as the closing state and an opening state, or a standing state and a falling state, depending on the structure of the article. In such cases as these, applicants need to choose either of the states, such as the closing state or the opening state, as the main mode, taking into account the state of use or the point of creating the design, and to prepare a set of six views of the main mode, adding necessary views to represent the other mode so that the entire mode may be clearly understood. In cases of requesting for design registration only for the outer appearance form of the state in which the cover is closed, applicants can file an application for design registration for partial design specifying the outer appearance alone as the part for which the design registration is requested and the part that appears when the cover is opened as any other parts. 100

110 2.1 Where both of the opening or closing state of door or cover can be the main state In cases where there is no need to choose either of the opening or closing state of door or cover as the main state, either one can be the main state. For example, in the case of the design shown in Figure 3.2-1, the state in which the cover is closed has also a unique feature. Therefore, the closing state is represented as the basic state through a set of six views, and the opening state is represented through a perspective view. In addition, as for the non-basic state, necessary views, not limited to one view, have to be prepared in order to represent the entire mode of the article. <Fig > [Article to the Design] Portable electronic computer [Front view] [Rear view] [Left side view] [Right side view] [Perspective view with the cover open] [Top view] [Bottom view] 101

111 2.2 Where the state in which the cover closed is the main state The design that has a door or a cover, such as oven toasters, electric rice cookers, storage shelves, and whose closing state can be seen as the main state considering the usage state, etc. of the article, a set of six views that represents the form of the state in which a door, etc. is closed is regarded as the drawing of the basic state. Additionally, as for the mode of opening and closing doors, etc., and the mode of the state in which a door is open, applicants need to add a perspective view of the opening state, a sectional view, etc. in order to clarify the forms of such modes. <Fig > <Fig > [Article to the Design] Electric rice cooker [Article to the Design]Storage shelf with measuring rice dispenser [Perspective view with the cover open] [Perspective view with the door open] 102

112 <Fig > <Fig > [Article to the Design] Lighter [Article to the Design] Jewel box [Perspective view with the cover open] [Perspective view with the cover open and the drawer drawn] <Fig > [Article to the Design] Microwave oven [B-B' line sectional view with the internal mechanism omitted] 103

113 3. Articles having a movable constituent part 3.1 Structure having a movable part In cases where the entire form of an article is changed when the part of it moves, it is necessary to give an explanation in the column of [Description of the Design] of the application regarding the scope of the moving part, the direction in which the moving part goes, and how it moves. In addition, it is necessary to represent the forms during and after the moving in the drawing, except for the cases where such moving is very common in the field of the article. For example, in the case of the design of shower head holder in Figure 3.3-1, it is possible to understand the structure having a movable part not only through the statement in the column of [Description of the Design] of the application and a set of six views, but also through a A-A line sectional view and a reference view indicating the state of use. Through these, it is clarified that, in this design, the locking tool can slide vertically within the scope of the round bar. <Fig > Example of how to represent an article having a moving part [Article to the Design] Shower head holder [Description of the Design] In the drawing, the left semicircle drawn by hatching in the A-A line sectional view is a knob, and when turning the knob, the locking tool around the center of this article can slide vertically. [Left side view] [Front view] [Rear view] [Right side view] [Top view] [Reference view indicating the state of use] The article Wall [Bottom view] A A [A-A line sectional view] 104

114 3.2 Where the form is changeable by the expansion and contraction of the whole or part of an article In cases where the form of an article is changed when the whole or part thereof expands or contracts, it is necessary to give an explanation in the column of [Description of the Design] of the application regarding the scope of the expanding/contracting part, and the direction in which the part moves. In addition, it is necessary to represent the forms during and after the expansion/contraction in the drawing, except for the cases where the specific mode of such expansion/contradiction is very common in the field of the article. For example, in the case of the design of Supporting beam for concrete mold in Figure 3.3-2, it is possible to understand the mode of expansion/contraction and the different forms before and after the expansion/contraction through the statement in the column of [Description of the Design] of the application and the front view representing the contracted state submitted in addition to a set of six views. 105

115 <Fig > Example of how to depict an article having an expanding/contracting part [Article to the Design] Supporting beam for concrete mold [Description of the Design] This article is composed of the main body with the sliding poles attached to the both sides thereof. As shown in the front view representing the contracted state, the length of the article can be adjusted from 400 cm to 330 cm by inserting screws into the length-adjusting holes drilled in the main body and the sliding poles. The rear view is identical to the front view, and the left side view is identical to the right side view. B C [Front view] [Right side view] B C [Top view] [B-B line enlarged sectional view] A [Bottom view] A [A-A line sectional view] [C-C line enlarged sectional view] [Front view representing the contracted state] 106

116 4. Articles having transparent or translucent part 4.1 Difference between being transparent and having translucency (i) Being transparent, in general, refers to the characteristics of the state in which things can be seen through the substance that is extremely high in the transmissivity of light. Therefore, a feature of being transparent can be classified as material in the constitution of an article. Although being transparent is material, not the shape, pattern, nor color, the Design Act has acknowledged being transparent as a constituent element since its establishment, and stipulates that if the whole or part of the article to the design is transparent, applicants need to make a statement to that effect in the column of [Description of the Design] of the application. (Design Act Article 6(7)) (ii) In design applications, having translucency refers to having a feature of transmitting light as in the case with being transparent. However, having translucency refers to the state in which things are hard to be recognized or cannot be recognized at all through the material, unlike being transparent, since the transmitted light diffuses or the material is low in the transmissivity of light. Material such as ground glass or milky plastic falls under such category. In cases where the article cannot be understood without an explanation of the material, such as the case where a lighting equipment cannot be understood as it is without an explanation that the part thereof transmits the light inside, it is necessary to make a statement to the effect that the material has translucency in the column of [Description of the Design] of the application. 107

117 4.2 Points to be noted when making a statement in the column of [Description of the Design] of the application (i) In the case of being transparent, it is, in principle, necessary to make a statement to that effect in the column of [Description of the Design], and in the case of having translucency, it needs to be stated in the column of [Description of the Design], where necessary. (ii) Since the materials of being transparent and having translucency are visually different as mentioned above, it is necessary to clearly state which category the article falls under. Even if the material is very high in the transmissivity of light, if the shape that is seen through the material is not clear, such case falls under the category of having translucency. In the case of having translucency, if you want to make it clear specifically how much things can be seen through the material, it is necessary to represent the state through photograph(s). It should be noted that transparent object and transparent material are the same in meaning as being transparent, and that translucent material and having translucency can be used interchangeably. (iii) The terms such as colored transparency or being transparent in color must not be used since it is understood that the unspecified color is part of constituent elements of the design, which will result in failing to specify the design in the application. Being transparent indicates only the material that transmits light, and color is a different element from it. In cases of including specific colors as part of constituent elements, applicants need to represent them in the drawing, not making a statement in [Description of the Design]. (iv) There are some cases where applicants can omit the statement of being transparent in [Description of the Design]. a) Where photographs substituted for drawings can show clearly that it is transparent. b) Where it can be obviously recognized as being transparent due to the nature of the article (e.g. the cover part made of glass to protect the display part of meters, the lens part of spectacles), and the form is represented as it is seen in the drawing. 108

118 4.3 How to specify the transparent part using reference views It is sufficient to give an explanation in the application that the article is transparent. However, in cases where part of the article is transparent, and giving an explanation is not sufficient to specify where the transparent part is positioned, it is necessary to make it clear by both stating in the column of [Description of the Design] and depicting a reference view indicating the transparent part. The view indicating the transparent part needs to be distinguished from the other part by being painted over in gray. However, since such view includes an element that does not constitute the design, a set of six views cannot be used for that purpose. Therefore, it is necessary to use reference views. <Fig > Example of adding a reference view indicating the transparent part [Article to the Design] Freezing storage [Description of the Design] In the reference perspective view indicating the transparent part, the part colored in gray is transparent. [Front view] A [Right side view] [A-A line sectional view with the internal mechanism omitted] [Top view] A [Reference perspective view indicating the transparent part] 109

119 4.4 How to prepare drawings of the transparent design The transparent part, through which things behind it can be seen, may need special technique to be represented, such as how to illustrate what can be seen through. So, please follow the rules below. (i) The transparent design, in principle, needs to be represented as it is seen, including the things that can be seen through. (ii) According to Form 6 Note (24), the guidelines for preparing the drawing when the whole or part of the article is transparent are shown as follows. If the article falls under any of such modes, applicants need to follow the points below. (a) Where the outside is colorless and without any patterns, the see-through part will be depicted as it is. (b) Where any one of the outer surface, inner surface or thickness of the outside has a pattern or color, the pattern or color on the rear surface and the bottom surface will not be depicted, and only the pattern or color on the front surface or the top surface will be depicted. (c) Where any two or more of the outer surface, inner surface or thickness of the outside or the inner part surrounded by the outside have a shape, pattern or color, the shape, pattern or color of each such part will be depicted. Inner surface Thickness Outer surface Outside According to the points, for example, electric lamps falls under the category (a), and therefore, the see-through part needs to be depicted as it is. Please note that the thickness must be represented not through a set of six views but a sectional view. (iii) Following the above-mentioned guidelines, in cases where if depicting the object as it is seen will make it, in turn, difficult to clearly represent the design due to, for example, the lines of shapes are overlapped, applicants may adopt the method by which the design can be easily understood, along with making a statement in the 110

120 column of [Description of the Design]. For example, in cases where the whole of an article is transparent, applicants can represent the article as an opaque object and state in the column of [Description of the Design] that The whole of this article is transparent. Please note, however, that when applicants adopt the method by which the design can be easily understood, if the form that ought to be seen through is not represented in sectional views, etc. in an understandable manner, the form shall be regarded as unclear. (iv) When you try to depict the transparent part as it is, the form behind the article actually may be seen as twisted due to optical refraction. However, in preparing the drawing, applicants need to depict the object assuming that there is no light refraction, except for the case where the article has a lens-shaped transparent part due to which it is intended to represent that the object behind the article is seen as twisted (It should be noted that when submitting photographs, applicants need to file an application with unprocessed photographs). 111

121 <Fig.3.4-2> Example of depicting a transparent article as a transparent object [Article to the Design] Tea pot [Description of the Design] The whole of this article is transparent. [Top view] A A [Left side view] [Front view] [A-A line end elevational view of the cut part] <Fig > Example of depicting a transparent article as an opaque object [Article to the Design] Food and beverage storage bottle [Description of the Design] This article is transparent. [Top view] A A [Front view] [A-A line sectional view] [B-B line sectional view] B B 112

122 <Fig > Example of specifying the transparent part in [Description of the Design] [Article to the Design] Mixer [Description of the Design] The bottle part of this article is transparent, except for the cover part. [Left side view] [Front view] [Top view] A A [A-A line sectional view with the internal mechanism omitted] <Fig > Example of the drawing depicting the inner shape through the transparent part [Article to the Design] TV camera for surveillance [Description of the Design] The part depicted by an oblique parallel line is being transparent in the reference view. [Top view] [Perspective view] [Reference view] [Front view] [Right side view] [A-A line reference end elevational view A with the internal mechanism omitted] A 113

123 <Fig > Example of a photograph substituted for a drawing [Article to the Design] Tea pot [Perspective view] <Fig > Example of the drawing depicting the article for which an explanation of the transparent part, etc. can be omitted [Article to the Design] Thermometer [Left side view] [Front view] [Top view] A A [A-A line sectional view] 114

124 4.5 How to prepare drawings of articles having translucency (i) Since the part having translucency is not transparent, applicants need to draw the object as being opaque. (ii) In cases where the statement of having translucency is needed in the column of [Description of the Design] in order to make the article understood, applicants need to give an explanation which part of the article has translucency and so on. (iii) In cases where it is necessary to depict the part having translucency, the drawing needs to be depicted as is done in the case of transparency. (iv) In cases where the mode that has very high transparency and through which the form behind the article can be seen to some degree intends to be made a constituent element of the design, applicants need to represent it through photographs or CGs substituted for drawings since it is impossible to represent it specifically through drawings. <Fig > Example of the drawing depicting an article having translucent part [Article to the Design] Ceiling pendant lamp [Description of the Design] The shade part of this article is translucent material. [Front view] [Top view] [A-A' line sectional view with the internal mechanism omitted] A A [Bottom view] 115

125 5. 3-D shaped article with a very thin thickness As for articles made of thin materials, such as paper bags or clothes, or articles whose thickness is extremely thin in terms of the ratio to the entire form, compared to the rest of the article and, such as plates for construction, they are treated as a three-dimensional shape, but there may be cases where it is difficult to represent the thickness accurately within the limited space for the drawing. As for views representing thickness, in cases where the space between the two lines representing the thickness is too narrow to see the gap between the lines, or the design is extremely distorted by depicting the space thicker than is actually assumed. In such a case, although it is allowed to depict the part by a single line. It is necessary to clarify thickness or the constitution of design, etc. by adding an enlarged view. <Fig > Example of the drawing depicting a very thin 3-D shaped article [Article to the Design] Blades for venetian blinds [Front view] [Rear view] [Top view] [Bottom view] [Left side view] [Enlarged left side view] [Right side view] 116

126 <Fig > Example of the drawing depicting a very thin 3-D shaped article [Article to the Design] Packaging bag [Description of the Design] This article is made of transparent film such as cellophane. The left side view and the right side view are mirror images to each other. [Front view] [Right side view] [A-A line sectional view] A A [Top view] [Bottom view] [Reference view indicating the state of use] 117

127 6. Long-length articles In cases of representing the article that is raw material or member, etc., such as a rod, a wire rod, a plate and a pipe with a continuous shape or a pattern repeats continuously in a single direction alone (vertically or horizontally) (hereinafter referred to as long-length article ), it is sufficient to prepare the drawing only for the part that clearly shows the state of continuing or repeating continuously. (Form No. 6 Note (12)). This is because these are raw materials or members, made as long-length articles so that they can be used by cutting the ends, and therefore, regarded as special articles whose length or end shape are not be taken into consideration when finding the gist of design. Therefore, the article whose ends have been processed does not fall under this category. It should be noted that as for the part that clearly shows the state of continuing or repeating continuously, the case of simply continuing and the case of repeating continuously are different from each other. Therefore, applicants need to represent them according to the rules as follows. 6.1 In cases where a shape or a pattern simply continues (i) In the drawing, the longitudinal direction side needs to be represented in the front view with a proper length. (ii) The both end parts need to be represented by solid lines as if the longitudinal direction side were cut linearly at a right angle. (iii) As such, determining the scope of depicting the article, applicants need to represent it as if that scope of the article were an actual three-dimensional shape using the same drawing methods and following the same rules on omission of drawings as are used for a regular three-dimensional shape. (iv) Applicants need to give an explanation to the effect that, for example, This design continues horizontally alone in the front view In the column of [Description of the Design]. 118

128 <Fig > Example of the drawing depicting the long-length article [Article to the Design] Wire [Description of the Design] This article continues horizontally alone in the front view. [Front view] [Right side view] <Fig > Example of the drawing depicting the long-length article [Article to the Design] Edge member of sliding door [Description of the Design] This article continues vertically alone in the front view. [Top view] [A-A line sectional view] [Left side view] [Front view] [Right side view] [Reference view indicating the state of use] A A 119

129 6.2 In cases where a shape or a pattern repeats continuously In cases where a shape or a pattern repeats continuously, there is a defined rule on the scope of the longitudinal direction side (the side in which a shape or a pattern repeats continuously), necessary to follow in representing it, which is different from the cases where a shape or a pattern simply continues, mentioned in 6.1 above. Other than this, the same rules shall apply to the cases here. As for the rule mentioned above, it is necessary to represent the scope, within which the minimum unit (at least, 1.5 to 2 units must be shown) of the shape or the pattern that repeats continuously, as well as the relationship between them may be understandably shown. Needless to say, it is desirable that the repeating patterns are represented more than they should be to satisfy the minimum requirement. <Fig > Example of the drawing depicting a long-length article in which a shape or a pattern repeats continuously (an example of representing 2 repeating units) [Article to the Design] Hook and loop fastener [Description of the Design] This article continues horizontally alone in the front view. [Top view] [A-A line sectional view] [Front view] [Right side view] [Rear view] A B A B [B-B line sectional view] 120

130 <Fig > Example of the drawing depicting a long-length article in which a shape or a pattern repeats continuously (an example of representing more than 2 repeating units) [Article to the Design] Synthetic resin cord [Description of the Design] This article continues horizontally alone in the front view. [Top view] [Left side view] [Front view] [B-B line sectional view] [Rear view] B A A B [Bottom view] [A-A line sectional view] 1 unit in the front view is shown on the right, and therefore, the design here shows 4 units. 121

131 7. Textiles such as a woven cloth fabric Since so called textiles such as a woven cloth fabric, a net fabric, a lace fabric and a synthetic resin fabric are flat and thin (single-layered thin) articles, applicants need to represent the surface view and the back side view as a set of drawing. Additionally, in most of the designs of a textile, a shape or a pattern repeats continuously, and therefore, in cases of representing such continuous shape or pattern, it is sufficient to prepare the drawing that represents only the part that clearly shows the state of continuing or repeating continuously. (Form No. 6 Note (12)) Please note that as for the part that clearly shows the state of continuing or repeating continuously, there are cases where it repeats continuously in a single direction alone (either vertically or horizontally), as well as cases where it repeats continuously in the four directions (both vertically and horizontally). 122

132 7.1 In cases where a pattern repeats continuously in a single direction alone (either vertically or horizontally) In the design that falls under the category of continuing in a single direction alone, the length of the direction in which the pattern does not repeat continuously is fixed to a specified length. In a woven cloth fabric, for example, it refers to the length from selvedge to selvedge. It is not allowed to specify the direction of the article that is cut off arbitrarily as the direction of the fixed specified length. In cases of representing a textile in which a pattern repeats continuously in a single direction alone, as is the case with a long-length articles in which a shape or a pattern repeats continuously mentioned in the previous section (6.2), it is sufficient to represent the scope of the textile, within which the state where the pattern repeats continuously is understandably shown (at least 1.5 to 2 minimum units of the repeating pattern). As for a set of drawings, the surface view and the back side view need to be prepared since such articles are flat and thin. In addition, it is necessary to state that, for example, This design continues only horizontally in the surface view. <Fig > Example of a textile that repeats continuously in a single direction [Article to the Design] Narrow lace fabric [Description of the Design] This design continues only horizontally in the surface view. [Surface view] One unit (Note) The photograph above is a specimen substituted for drawings, which has been taken for being published in the Design Bulletin, and therefore, the formality thereof is different from that of a specimen substituted for drawings for the design application. Please note that the arrow and the statement One unit are inserted merely for explanation. So, please do not make such statement when preparing drawings to be attached to the application that will be actually filed with the JPO. 123

133 7.2 In cases where a pattern continues in the four directions (both vertically and horizontally) As for the drawing for the design that repeats continuously in the four directions, as is the case where a pattern continues in a single direction alone (either vertically or horizontally) mentioned in the previous section (7.2), applicants need to prepare the drawing in a way that represents the scope within which the state where the pattern repeats continuously is understandably shown, not only in one direction but also in the direction of a right angle thereto. That is, it is necessary to represent, at least, 1.5 to 2 minimum units of the repeating pattern both vertically and horizontally. Please note that a unit includes a pattern or its background (the part in which there is no pattern). It is not necessary to make a statement to the effect that the pattern continues both vertically and horizontally in the column of [Description of the Design]. This is because it is natural to think a pattern in a textile continues in the four directions (both vertically and horizontally) due to the characteristics of textile. Yet, in cases where it is not natural to think a pattern repeats continuously, it is necessary to make a statement to the effect that it continues both vertically and horizontally. In addition, in cases of submitting drawings, photographs substituted for drawings or specimens substituted for drawings attached to a design application, applicants need to state the size of the part that is represented in drawings, etc. (actual size of the part that is depicted, etc.) in the column of [Description of the Design]. This is because it is important to know the size of the pattern in understanding the design of this kind of article and it is hard to presume the size of the pattern through partial depiction thereof. 124

134 <Fig > Example of a textile in which a pattern continues in the four directions [Article to the Design] Leather texture [Description of the Design] The size of the part represented in the view is 62 cm (L) x 85 cm (W). [Surface view] 3/4 units (Note) Length approx. 1 and In this case, the upper left part of the surface view shown below is one unit. (Note) Width approx. 1 and 2/3 units (Note 2) Please note that the arrows, the statements such as Note and the illustration in the right square are inserted merely for explanation. So, please do not make such statements when preparing drawings to be attached to the application that will be actually filed with the JPO. 125

135 7.3 In cases of requesting part of a design in which a pattern repeats continuously as partial design Even in cases of requesting for design registration as partial design concerning part of a pattern unit that repeats continuously in so-called textile, as is the case with the whole design in which the pattern repeats continuously mentioned above, it is necessary to clearly represent the state in which the part for which the design registration is requested repeats continuously (The method of depicting drawings by which only the part that clearly shows the state of continuing or repeating continuously is represented (Form No. 6 Note (12)) aims to represent the design in which a pattern repeats continuously. Therefore, if depicting drawings by this method even for partial design, it is necessary to represent it as the part of the state in which a pattern repeats continuously in a manner that its mode can be clearly understood). <Fig > Example of partial design in which a pattern repeats continuously in a single direction [Article to the Design] Narrow lace fabric [Description of the Design] This design continues only horizontally in the surface view. The part represented by solid lines is the part for which the design registration is requested as partial design. The size of the pattern represented in the drawing is 3 cm in width. [Surface view] (Note) This is a mode where the part for which the design registration is requested is physically separated. However, since the same pattern repeats continuously in this mode, it is regarded that each of these parts mutually serves as having unity in form, and therefore, treated as one design. (Please see the Examination Guidelines for Design ) <Fig > Example of partial design in which a pattern repeats continuously in the four directions (both vertically and horizontally) [Article to the Design] Woven cloth fabric [Description of the Design] The part represented by solid lines is the part for which the design registration is requested. The size of the represented pattern in the view is 35 cm in height and 50 cm in width. [Surface view] (Note) This is a mode where the part for which the design registration is requested is physically separated. However, since the same pattern repeats continuously in this mode, it is regarded that each of these parts mutually serves as having unity in form, and therefore, treated as one design. (Please see the Examination Guidelines for Design ) 126

136 8. Designs having an extremely long part In cases of articles, such as measuring tapes or plates for construction (excluding longlength articles), that are difficult to be represented in a prescribed space because of having an extremely long part although it is not limitless, and also in cases where the design of the article is obviously clear even if the middle part of the long portion of the article is omitted in the drawing, it is allowed to prepare the drawing in which the middle part of an article is omitted. (Form No. 6 Note (13)) 8.1 How to depict drawings with the middle part omitted The middle part omitted needs to be represented by two parallel dash-dotted lines as if it were cut there, and it is also necessary to make a statement to that effect as well as a statement of the size of the omitted part on the drawing in the column of [Description of the Design] of the application. (Form No. 6 Note (13)) <Fig > Example of the drawing in which the middle part is omitted [Article to the Design] Actuator for process control [Description of the Design] In the drawing, the omitted part of a power source code is one meter on the drawing attached to the application. [Left side view] [Front view] [Rear view] [Top view] [Reference front view explaining operative parts and others] Operation status indicator lamp Digital display Switch function indicator lamp Start/reset/stop switch Input switch for data setting Backup connector 127

137 <Fig > Inappropriate example of the drawing representing the middle part omitted (This kind of depiction of the omitted part is not allowed) [Left side view] [Front view] 8.2 In cases where the middle part of an extremely long portion can be omitted In cases of falling under both of the following two categories, the middle part of an extremely long portion of an article can be omitted. (i) Where the shape or the pattern of an extremely long part continues or repeats continuously in a single direction alone. (ii) Where it is difficult to prepare drawings; for example, if depicting the entire article as it is, the space between the shape lines will be crushed. Or, where it is far better to represent the article through a set of six views with the middle part omitted and a view depicting the proportion of the whole design at a reduced scale than through a view depicting the entire form as it is, in terms of representing the characteristics of the design sufficiently. 8.3 Points to be noted in preparing drawings (i) In cases where a shape or a pattern repeats continuously in the middle part omitted, applicants need to represent it according to the method of representing the design in which a pattern repeats continuously (6. Long-length articles) so that such state may be clearly shown despite the part omitted. (ii) The omitted part shall be, in principle, one part. (iii) In cases of clarifying the proportion of the whole design, applicants need to prepare the [Reduced XX view] in which a whole design is represented at a reduced scale, regarding the aspect of the design necessary to clarify the proportion of the whole 128

138 design (as for a shape or a pattern that is difficult to represent in details, it is sufficient if they are represented schematically). Yet, when a view of a whole design can represent the design almost accurately, it is possible to enlarge the view with the middle part omitted. 8.4 Points to be noted in making a statement in the column of [Description of the Design] In cases where the middle part is omitted, applicants need to state, in the column of [Description of the Design], the length of the omitted part on the drawing. When you do so, it must be in a specified length. For example, the statement must be made such as The length of the omitted part is XX cm. The statement such as The size of the omitted part is from XX cm to XX cm does not show a specified length, and therefore, such statement is not allowed. <Fig > Example of the drawing in which the middle part is omitted when a shape or a pattern of an extremely long part repeats continuously [Article to the Design] Feeder line [Description of the Design] The omitted part is 300 cm on the drawing attached to the application. A [Front view] [Right side view] A [Top view] [Bottom view] [Central traverse section of top view] [A-A line sectional view] 129

139 <Fig > Example of adding [Reduced front view] that represents the proportion of the whole design [Article to the Design] Clothes pole [Description of the Design] The omitted part is 37 cm on the drawing attached to the application. [Front view] [Right side view] [Rear view] [Top view] [Bottom view] [Reduced front view] 130

140 8.5 Omitting the depiction of a power source code It is often that a power source code is a part of the article, which itself is featureless, whose portion to the entire article is small, and which does not have impact on the finding of the gist of design. In such cases, it is possible to omit the whole of a power source code, not just omitting the middle part. <Fig > Example of omitting the depiction of a power source code [Left side view] [Front view] 131

141 9. Articles having flocked part or mesh fabric part In cases of depicting the drawing of, for example, flocked part of a brush or fine mesh fabric part, which is difficult to be drawn strictly accurately, and does not have to be drawn strictly accurately for the design to be specified, applicants can represent it by a conventional and special method. 9.1 In the case of a flocked part Since it is impossible to depict each of the hair in two lines to represent the thickness thereof, it shall be considered as unavoidable to represent them in a single line. Additionally, it is not necessary that the number of hair is strictly identical to that of the real article, and therefore, it shall be considered as sufficient to prepare each view as close to the real article as possible. 132

142 <Fig > Example of depicting a flocked part in a single line [Article to the Design] Brush for tiles [Top view] [Right side view] [Left side view] [Front view] A [Bottom view] A [A-A line sectional view] <Fig > Example of schematically depicting a flocked part in a single line [Article to the Design] Animal stuffed toy [Front view] [Right side view] [Top view] 133

143 9.2 In the case of materials such as hair-raising clothes or sponge As for materials such as hair-raising clothes or sponge, it shall be considered as sufficient if views are prepared as close to the actual article as possible, making them resembling the real one. <Fig > Example of depicting material texture [Article to the Design] Brush for clothes [Top view] [Left side view] [Front view] [Right side view] A [Rear view] A [A-A line sectional view] 134

144 <Fig > Example of depicting material texture [Article to the Design] Metal scrub brush for cleaning [Top view] [Front view] [Right side view] [Central longitudinal section of the front view] [Bottom view] [Reference front view of the state in which objects are separated] <Fig > Example of representing material texture [Article to the Design] Brush for cleaning [Perspective view] 135

145 9.3 In the case of generic fine plain-weave mesh fabric In cases where an article is made using generic fine plain-weave mesh fabric and it is difficult to depict each of the net yarn in two lines to show its thickness, the rules need to be followed. (i) Net yarn can be drawn in a single line. (ii) The number of net yarn does not have to be strictly identical to that of the actual article, and therefore, it shall be sufficient if each view is prepared as close to the actual article as possible. (iii) When preparing a sectional view or an end elevational view of the cut part that includes the mesh fabric part, a) Applicants need to represent the state of knitting in the end elevational view of the cut part. In the drawing by this method, although the shape of mesh fabric part is different between a set of six views and [End elevational view], it is possible to clearly represent where the mesh fabric part is in the article. b) Applicants need to represent the cross section in a simplified manner as a plate-like object. This method is limited to the case where the position of mesh fabric part can be understood through the name of article or a set of six views, and it is not necessary to represent the mode of the mesh fabric in a specific manner. However, the method of representing an article may be different depending the field that the article belongs to. In addition, in cases where the structure of mesh fabric is not generic, or the form of mesh fabric itself is important, applicants cannot prepare the drawing by the methods mentioned above. 136

146 <Fig > Example of representing material texture [Article to the Design] Strainer for cooking [Top view] [Perspective view] A A [Front view] [Right side view] [A-A line end elevational view of the cut part] 137

147 <Fig > Example of representing in an enlarged view [Article to the Design] Screen door [Top view] [Front view] C [Right side view] C A B A B [Bottom view] [A-A' partial enlarged view] [B-B' partial enlarged view] [C-C' partial enlarged view] D D [D-D line end elevational view] 138

148 <Fig > Example of representing material texture [Article to the Design] Tape recorder with a radio [Top view] [Left side view] [Front view] [Right side view] A A [A-A' line enlarged sectional view with the internal mechanism omitted] 139

149 10. Articles whose form is changeable As for articles, like transformable toys, which have the attribute that the whole of the article can be changed into a different form by moving each part (a reversible change), if you intend to request a design registration concerning the form as it appears before, during and after the said change, it is necessary to represent the form before and after such change, and also to represent the form in the process of changing, where necessary. (i) There is no constraint on which state must be the form before the change. (ii) In addition to a set of six views, etc. representing the form before the change, applicants need to depict drawings that are necessary to specify the entire form after the change. (Please note, when preparing drawings that can specify the entire form after the change, that drawings that represent only the part of the form that can be specified by the drawings representing the form before the change are not indispensable). (ii) As for the form in the process of changing, it is sufficient if the drawings can show that the article has an attribute of being changeable as well as how it is changed. Therefore, it is enough to add drawings that can satisfy such purposes. 140

150 <Fig > Example of representing an article whose form is changeable [Front view] [Rear view] [Left side view] [Right side view] [Top view] [Bottom view] [Perspective view of the changing configuration] [Front perspective view after the change] [Rear perspective view after the change] (Note) As for the form after the change, applicants need to prepare drawings that is necessary to represent the entire article. 141

151 11. Wooden toys or building blocks Since wooden toys or building blocks are articles designed to be repeatedly built and disassembled, it is necessary to depict both the form of each constituent piece of the article and the form of the assembled state on the drawing. (Format No.6 Note (19)) (i) As for building blocks, it is necessary to prepare a set of six views for each constituent piece of the article, as well as drawings necessary to specify the form of the assembled state. (ii) As for wooden toys, it is necessary to prepare a set of six views for the assembled state, as well as drawings to specify the entire form of each constituent piece of the article. <Fig > Example of representing a wooden toy [Article to the Design] Wooden toy [Perspective view] [Front view] [Rear view] [Left side view] [Right side view] [Top view] [Bottom view] [Perspective view of a part (1) ] [Perspective view of a part (2) ] [Perspective view of a part (3) ] [Perspective view of a part (4) ] [Perspective view of a part (5) ] [Perspective view of a part (6) ] (Note) According to the current prescr bed Form, [View showing the front, top and right side], not [Perspective View], needs to be prepared. 142

152 12. Combined articles (e.g. playing cards) Articles (combined articles), each constituent unit of which does not have any functions, but which are capable of functioning as a set of combined units, such as playing cards or pieces of shogi (Japanese chess), shall be regarded as one design as a set of multiple constituent pieces. (i) Since the form of card-like articles such as playing cards is flat, all the cards that are different from others in terms of drawing pattern, etc. need to be represented as the surface and back side views. Please note that as for regular pip cards other than those with special patterns including the king card, their drawings can be omitted if commonly used pattern is employed. (ii) Since the form of pieces of shogi (Japanese chess), etc. is three-dimensional, it is necessary to prepare a set of six views for each of all the pieces that are different from others in terms of the shape and the pattern. 143

153 <Fig > Example of representing playing cards [Article to the Design] Playing cards [Surface view 1] [Surface view 2] [Surface view 3] [Surface view 4] [Surface view 5] [Surface view 6] [Back side view] (Note) In principle, each card needs to be drawn as one view. However, since there are many constituent pieces in the case of playing cards, it is allowed to group those that share common features to be represented as one view, as shown in this example. 144

154 13. In the Case of a Design Including a Graphic Image on a Screen A graphic image on a screen (Note 1) only becomes visible as the appearance of an article by passage of electric current, and sometimes it could be used in another article. Therefore, unlike in the case of representing a pattern on the appearance of an article, a graphic image on a screen that becomes visible by passage of electric current is found to constitute a design only if it satisfies certain requirements. Treatment of such graphic image on a screen is largely divided based on the following two types of graphic images displayed, according to their contents: a graphic image on a screen for display that constitutes a design as provided in Article 2 (1) of the Design Act; and a graphic image on a screen for operation as provided in Article 2 (2) of the Design Act. (Note 1) Here, a graphic image on a screen does not refer to the individual figures, etc. that are displayed, but the entire screen part on which various figures, etc. are displayed Graphic image on a screen that constitutes a design (1) Graphic image on a screen for display that constitutes a design as provided in Article 2 (1) of the Design Act In order for the graphic image displayed on the display part of the article to be found to be the shape, patterns or colors, or any combination thereof, of a part of an article provided in Article 2 (1) of the Design Act, it must comply with all of the following requirements. ( of the Examination Guidelines for Design) (i) The article to the design of the design including the graphic image on a screen is found to be an article subject to the Design Act (See Part II Requirements for Design Registration, Chapter I Industrially Applicable Design, The subject matter is found to be an article of the Examination Guidelines for Design) (ii) The graphic image displayed on the display part of the article is a graphic image for making necessary indications for performing the functions of the article (iii) The graphic image displayed on the display part of the article is a graphic image recorded in the article 145

155 (2) Graphic image on a screen for operation that constitutes a design as provided in Article 2 (2) of the Design Act In order for a graphic image on a screen included in a design to constitute a graphic image as provided in Article 2(2) of the Design Act, it must comply with all of the following requirements. ( of the Examination Guidelines for Design) (i) The article to the design of the design including a graphic image on a screen is found to be an article subject to the Design Act. (See Part II Requirements for Design Registration, Chapter I Industrially Applicable Design, The subject matter is found to be an article of the Examination Guidelines for Design) (ii) The graphic image on a screen is provided for use in the operation of the article in order to enable the article to perform its functions. (iii) The graphic image is displayed on the article itself or another article that is used with the article in an integrated manner. (iv) The graphic image on a screen has been recorded in the article. (3) Handling relating to a computer (i) Handling of a computer A computer is used by installing various types of software according to the purpose of use. A graphic image on a screen that is displayed as a result of installing software created and sold independent from the article (including a graphic image preinstalled on the computer) is not found to be a graphic image on a screen for display that constitutes a design as provided in Article 2(1) of the Design Act, and is not found to be a graphic image on a screen for operation that constitutes a design as provided in Article 2(2) of the Design Act, so it does not constitute a design. However, a graphic image of a BIOS (Basic Input/Output System) relating to the information processing function of a computer or a graphic image relating to the adjustment of functions of a computer as hardware (e.g. a graphic image of adjustment of screen brightness on a screen-integrated computer) is categorized as a shape, patterns or colors, or any combination thereof, of a part of an article as provided in Article 2(1) of the Design Act or a graphic image on a screen as 146

156 provided in Article 2(2) of the Design Act. ( of the Examination Guidelines for Design) (ii) Handling of a computer with additional function On the other hand, a new article constituted by installing software on a computer, without requiring any hardware other than the computer s general hardware, is regarded as a computer with additional function. Since a computer with additional function is an article that has not only the information processing function but also a specific added function, in the case where a graphic image on a screen is one for making necessary indications for performing the functions of the article, the graphic image on a screen is categorized as a graphic image on a screen that constitutes a design as provided in Article 2(1) of the Design Act or a graphic image on a screen as provided in Article 2(2) of the Design Act, and in the case where a graphic image on a screen is provided for use in the operation in order to enable the article to perform the additional function, it is categorized as a graphic image on a screen for operation that constitutes a design as provided in Article 2(2) of the Design Act, so it is found to be a graphic image on a screen that constitutes a design. ( of the Examination Guidelines for Design) 13.2 Graphic image on a screen that is not categorized as a graphic image that constitutes a design The following graphic image on a screen is not found to be a graphic image on a screen for display that constitutes a design as provided in Article 2(1) of the Design Act, and is not found to be a graphic image on a screen for operation that constitutes a design as provided in Article 2(2) of the Design Act, so it does not constitute a design. ( of the Examination Guidelines for Design) (i) A graphic image on a screen solely intended for decorative expression A graphic image on a screen solely intended for decorative expression is not found to be a graphic image for making necessary indications for performing the functions of the article, and is not found to be a graphic image provided for use in the operation in order to enable the article to perform its functions, so it does not constitute a design. (ii) A graphic image displaying a movie, etc. (so-called content ) Subject matter displaying a graphic image based on signals sent from outside 147

157 of the article, such as a graphic image of a television program or a graphic image from the Internet and subject matter displaying a graphic image recorded on a recording medium connected to or inserted in the article are not graphical images recorded in the article, so they do not constitute a design. Where content (or an image suspected of being content) independent from the article, such as a scene from a movie or a graphic image on a screen of a game, is displayed in the graphic image on a screen included in a design, the content is independent from the article to the design, so the content part should be treated as not constituting a design. A notice of the reason for refusal under the main paragraph of Article 3(1) is given with regard to the design including the content independent from the article, but an amendment to delete the content and to indicate that said part is a content display part by using reference views for explanation, etc. is treated as not changing the gist of the design. (iii) A graphic image displayed on a general purpose display device Subject matter displaying a graphic image on a general purpose display device based on signals sent from outside of the article, such as subject matter displaying a graphic image based on signals sent from another article that is used with the article in an integrated manner or subject matter displaying a graphic image recorded on a recording medium connected to the article, is not a graphic image that has been recorded in the article, which is a display device, so it does not constitute a design. (iv) A graphic image recorded on a recording medium Since a recording medium does not have a display part or an operation mechanism, a graphic image recorded on a recording medium does not constitute a design. (v) A graphic image displayed by a game machine A graphic image of a game that is displayed as a result of installing game software created and sold independent from the article (including a graphic image preinstalled on the game machine) and a graphic image of a game that is displayed as a result of inserting a recording medium on which the game is recorded do not constitute a design, since each graphic image is content independent from the article. However, a graphic image on a screen for making necessary indications for 148

158 performing the functions of the main body of the game machine or a graphic image on a screen for setting up the main body of a game machine, not resulting from game software, which has been recorded in the article, such as an indication of the remaining battery power, is found to be a graphic image on a screen that constitutes a design Graphic image on a screen for display that constitutes a design as provided in Article 2(1) of the Design Act A graphic image displayed on the display part of the article is found to constitute a design if it complies with three requirements (a. the article to the design of the design including the graphic image on a screen is found to be an article subject to the Design Act; b. the graphic image displayed on the display part of the article is a graphic image for making necessary indications for performing the functions of the article; and c. the graphic image displayed on the display part of the article is a graphic image recorded in the article). (See of the Examination Guidelines for Design) A graphic image displayed on the display part of the article only becomes visible by passage of electric current. Moreover, by using the dot matrix method as the display method, it is possible to freely display various graphic images or figures, etc., and it is also possible to display information conveyed from outside the article. Accordingly, such graphic image is unique as an element constituting the appearance of an article. Because of this, in order for the graphic image to constitute a design as provided in Article 2(1) of the Design Act, it needs to be inherent to the article, and therefore the displayed graphic image is limited to one that complies with all of the requirements. (1) Statement in the application (i) Column of [Article to the Design] a) A classification of the entire article that has a graphic image on a screen must be stated. (With regard to the specific method of stating a classification of articles, see Part I, 1.1 The column of [Article to the Design]) b) Also, in an application for a partial design in which only the graphic image part is specified as the part for which the design registration is requested, as in the case of other partial designs, a classification of the entire article that includes those partial designs must be stated. c) In the case of an article that has multiple uses or functions, xx with yy or an 149

159 expression that simply indicates a combination of multiple uses or functions must be stated, as shown in the basics of how to represent the design in the application. However, in the case where the combined usage or function is ordinary for the article, such as the function or the camera function of a mobile phone, there is no need to add with yy. d) When filing an application for design registration for a design including a graphic image on a screen of a computer with additional function, Computer with xx function must be stated in the column of Article to the Design of the application. In this case, xx function shall be related and achieved by its addition to the computer and it shall be one function equivalent to a function of the article indicated by a classification of articles specified by Ordinance of the Ministry of Economy, Trade and Industry or a classification of articles based on an equivalent level of classification. Appropriate examples of statements in the column of Article to the Design in the case of a computer with additional function (a) In the case where a computer has a function equivalent to a route guidance machine due to its additional function: Computer with the route guidance machine function (b) In the case where a computer has a function equivalent to a telephone due to its additional function: Computer with the phone-call function (c) In the cases where a computer has a function equivalent to a digital camera due to its additional function: Computer with the camera function (d) In the case where a computer has a function equivalent to a pedometer due to its additional function: Computer with the pedometer function (e) In the case where a computer has a function of a multi-media player due to its additional function, Computer with the multi-media playing function (f) In the case where a computer has a function of a numerically-controlled device for machine tool due to its additional function, Computer with the function of numerically-controlled device for machine tool (g) In the case where a computer has multiple additional functions simultaneously (see abovementioned examples (a) to (f)) which are of an equivalent level of classification of articles and where filing an application for design registration for a menu screen for selecting and deciding a specific function therefrom to execute it, Computer with the home menu function 150

160 must be stated in the column. Inappropriate examples of statements in the column of Article to the Design in the case of a computer with additional function ( of the Examination Guidelines for Design) (a) The statement describes a comprehensive function as its additional function (e.g. Computer with the data processing function ) (b) The statement describes an abstract function as its additional function (e.g. Computer with the decision-making function, Computer with the selection function ) (c) The statement does not represent one specific additional function (e.g. Computer with the mobile information terminal function, Computer with the information processing function ) (ii) Column of [Description of Article to the Design] The purpose, etc. of the graphic image displayed on the display part must be stated. In particular, consideration must be given to the following points due to the abovementioned requirements for treating a graphic image as a constituent element of the design. a) With regard to figures that indicate various states, such as measurement results, (e.g., a thermometer or a graphic equalizer), what kind of state each figure indicates must be stated. b) Also, with regard to figures that indicate various states for an article that has various display functions (e.g., indication of a level gauge such as an indication of the remaining battery power), what each figure indicates must be stated. c) With regard to an article that has multiple functions for which it cannot be directly derived from the article which of the functions the graphic image on a screen is necessary for, it is necessary to add a description to that effect. d) Also, with regard to a graphic image for making necessary indications for performing an incidental function that is closely related to the main function of an article (e.g., a level indication of a digital camera for confirming that the level is horizontal when photographing, besides the photographic function of the digital camera), what kind of function it indicates must be stated, in order to show that it is a graphic image for making necessary indications for performing the function of the article. 151

161 However, when it is clear what kind of graphic image it is solely from the statement in drawings, such description is unnecessary. (iii) Column of [Description of the Design] In the case of a partial design, in addition to the contents that need to be stated in the case of a whole design, contents including the way of specifying the part for which the design registration is requested and the fact that views that only indicate any other parts other than the part for which the design registration is requested have been omitted must be stated. With regard to a graphic image on a screen that changes, where the changing order or the changing mode is unclear from the statement in the drawing alone, an explanation to specify these matters should be stated. (2) Statement in drawings (i) Figures, etc. displayed on the display part of an article for displaying various states, such as measurement results (e.g., a clock and a thermometer), must be indicated by using a set of six views, etc. (ii) In the case of a partial design where the part for which the design registration is requested is the entire display part, it is necessary, in principle, to depict the form of the entire article so as to specify the position, size and scope of the display part in the entire article. Meanwhile, the parts which are not the part for which the design registration is requested need to be indicated specifically enough for understanding what the article is. (See Part II, 2. The Statement in Drawings) (iii) In the case of a partial design where the part for which the design registration is requested is only a figure part that constitutes a part of a graphic image on a screen, and where other figures also appear in the other parts of the graphic image, it is necessary to state a form specific enough for understanding the purpose of the graphic image display part including the other figures. (iv) In the case of a design including plural graphic images on a screen that change where the subject matter in the state of including such plural graphic images is to be found to be one design, it is necessary to represent the graphic images before 152

162 and after the change. (The subject matter is not found to be one design unless the graphic images are those for the same function of the article, and the modes of the graphic images before and after the change have relevance in form.) (See 13.5 Where the Graphic Image on a Screen Changes) <Fig > Example of views representing figures, etc. by using a set of six views (whole design) [Article to the Design] Table clock [Front view] [Right side view] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. <Fig > Example of views representing figures, etc. by using a set of six views (whole design) [Article to the Design] Wrist watch body [Front view] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 153

163 <Fig > Example of a case where all of the displayed contents can be understood by depicting one mode (whole design) [Article to the Design] Weather forecast display device [Front view] (Note) In this case, all modes of the displayed contents of the figures that appear on the display part can be understood by depicting this one mode. Specifically, it can be understood that five kinds of figures indicating the weather conditions appear on the display part and that each figure is displayed at a fixed position, such as the figure for sunny weather being displayed in the highest row. In this manner, when all of the displayed contents can be understood by depicting one mode, it is sufficient to depict only one mode of figures, etc. * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. <Fig > Example of a case where all modes can be understood by depicting figures for the state of the maximum value (whole design) [Article to the Design] Automobile engine tachometer [Front view] [Right side view] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 154

164 <Fig > Example of a graphic image representing the status of progress, etc. (whole design) [Article to the Design] Ticket vending machine [Description of Article to the Design] The graphic image displayed on the display part indicates the purchase details and the fact that the ticket is in the process of being issued, until the ticket is issued. The five triangle arrows in the lower part light up one by one to indicate the status of progress. [Enlarged view of the display part] Business EXP departing at 10:30 Tokyo Nagoya Issuing ticket Please wait momentarily * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. <Fig > Example of a graphic image displayed on an article that has multiple functions (partial design) [Article to the Design] Mobile phone [Description of Article to the Design] This article is a mobile phone with an azimuth measurement function. The figure displayed on the display part in the front view indicates the measured azimuth, and the compass rotates according to the measured azimuth. [Front view] (Note) In the case of an article that has multiple functions, a description as to which of the functions the graphic image on a screen is necessary for must be stated. * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 155

165 <Fig > Example of a graphic image necessary for performing an incidental function (partial design) [Article to the Design] Digital camera [Description of Article to the Design] The article is a digital camera with a level function that senses the tilt of the camera. The figure displayed on the display part in the front view is the level indication for confirming that the level is horizontal when taking pictures. [Front view] (Note) With regard to a graphic image for making necessary indications for performing an incidental function that is closely related to the main function of an article, what kind of function it indicates must be described. * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. <Fig > Example of a graphic image necessary for performing an incidental function (whole design) [Article to the Design] Elevator indicator [Description of Article to the Design] The graphic image displayed on the display part in the front view is used for informing a user that the user has selected a floor level at which the elevator does not stop. [Front view] This elevator does not stop at that floor. (Note) In the case of a graphic image on a screen for display that appears in response to a user s arbitrary operation, etc., a description to that effect must be stated. * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 156

166 <Fig > Example of a graphic image of a computer with additional function (partial design) [Article to the Design] Computer with a pedometer function [Description of Article to the Design] The graphic image displayed on the display part in the front view is a graphic image that indicates the pedometer measurement data. [Front view] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. <Fig > Example of a graphic image of a computer with additional function (partial design) [Article to the Design] Computer with an azimuth measurement function [Description of Article to the Design] The graphic image displayed on the display part in the front view is a graphic image that indicates azimuth measurement data. [Front view] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 157

167 13.4 Graphic image on a screen for operation that constitutes a design as provided in Article 2(2) of the Design Act A graphic image on a screen used in the operation of an article is found to be a form of a part of an article pursuant to Article 2(2) of the Design Act if it complies with four requirements (a. the article to the design of the design including the graphic image on a screen is found to be an article subject to the Design Act; b. the graphic image on a screen is provided for use in the operation of the article in order to enable the article to perform its functions; c. the graphic image is displayed on the article itself or another article that is used with the article in an integrated manner; and d. the graphic image on a screen has been recorded in the article). (See of the Examination Guidelines for Design) These requirements apply not to the individual figures displayed on the display part, but to the graphic image on a screen displayed on the entire screen of the display part. (1) Statement in the application (i) Column of [Article to the Design] a) A classification of articles for the entire article that has a graphic image on a screen must be stated. Specifically, the classification must be stated according to the contents shown in the basics of how to represent the design in the application. b) Also, in an application for a partial design in which only the graphic image part is specified as the part for which the design registration is requested, as in the case of other partial designs, a classification of articles for the entire article that includes those partial designs must be stated. Such statement as A graphic image for xx is not permissible because it does not indicate an article. c) In the case of an article that has multiple uses or functions, xx with yy or an expression that simply indicates a combination of multiple uses or functions must be stated, as shown in the basics of how to represent the design in the application. However, in the case where the combined usage or function is ordinary for the article, such as the function or the camera function of a mobile phone, there is no need to add with yy. d) Also, in the case of a graphic image on a screen displayed on another article that is used with the article in an integrated manner, the applicable classification of articles is that of the article which has the graphic image. For example, in 158

168 the case of a video disc player which displays a graphic image on a screen for operation on a television receiver, video disc player must be stated in the column of [Article to the Design]. e) When filing an application for design registration for a design including a graphic image on a screen of a computer with additional function, Computer with xx function must be stated in the column of Article to the Design of the application. In this case, xx function shall be related and achieved by its addition to the computer and it shall be one function equivalent to a function of the article indicated by a classification of articles specified by Ordinance of the Ministry of Economy, Trade and Industry or a classification of articles based on an equivalent level of classification. Appropriate examples of statements in the column of Article to the Design in the case of a computer with additional function (a) In the case where a computer has a function equivalent to a route guidance machine due to its additional function: Computer with the route guidance machine function (b) In the case where a computer has a function equivalent to a telephone due to its additional function: Computer with the phone-call function (c) In the cases where a computer has a function equivalent to a digital camera due to its additional function: Computer with the camera function (d) In the case where a computer has a function equivalent to a pedometer due to its additional function: Computer with the pedometer function (e) In the case where a computer has a function of a multi-media player due to its additional function, Computer with the multi-media playing function (f) In the case where a computer has a function of a numerically-controlled device for machine tool due to its additional function, Computer with the function of numerically-controlled device for machine tool (g) In the case where a computer has multiple additional functions simultaneously (see abovementioned examples (a) to (f)) which are of an equivalent level of classification of articles and where filing an application for design registration for a menu screen for selecting and deciding a specific function therefrom to execute it, Computer with the home menu function must be stated in the column. 159

169 Inappropriate examples of statements in the column of Article to the Design in the case of a computer with additional function ( of the Examination Guidelines for Design) (a) The statement describes a comprehensive function as its additional function (e.g. Computer with the data processing function ) (b) The statement describes an abstract function as its additional function (e.g. Computer with the decision-making function, Computer with the selection function ) (c) The statement does not represent one specific additional function (e.g. Computer with the mobile information terminal function, Computer with the information processing function ) (ii) Column of [Description of Article to the Design] a) An explanation on the operation for enabling the performance of what kind of function of the article the graphic image on a screen is used for and on the operation method must be stated in the column of [Description of Article to the Design] (Form No. 2 Note (40) of the Ordinance for Enforcement of the Design Act). The description may be omitted if the function and the operation method are indicated by [Reference View for Explaining the Operating Part] or the like. b) In the case of an article that has multiple uses or functions where it is not ordinary for the article to have the uses or functions performed through the operation on the graphic image on a screen as represented in the drawings, the fact that it is an article that has the uses or functions performed through the operation on the graphic image on a screen as represented in the drawings must be stated. c) Display equipment that is used with the article in an integrated manner Where an application for design registration is filed for a graphic image displayed on another article that is used with the article in an integrated manner, as provided in Article 2(2) of the Design Act, an explanation to the effect that the graphic image on a screen represented in the graphic image view is displayed on display equipment that is used with the article in an integrated manner must be stated in the column of Description of Article to the Design. (A more specific name of article (e.g. a television monitor, data indicator or projector screen) can be stated as display equipment in accordance with the filed design.) ( Matters to be stated in the application of an application for design registration including a graphic image on a screen (4) Statement in the column of Description of Article to the 160

170 Design (iii) of the Examination Guidelines for Design) Example of statement in the column of [Description of Article to the Design] (in the case of a video disc recorder ) [Description of Article to the Design] This article is a video disc recorder which has a television tuner and is capable of recording and playing television programs it receives. The graphic image represented in the graphic image view is displayed on display equipment that is used with the article in an integrated manner. The graphic image is one used for the operation for enabling the article to perform its recording function. It is displayed when a user makes a recording reservation for a television program, and allows the user to select and decide the program to be recorded from the program names indicated in multiple horizontally long display columns arranged in the center of the screen, by using the operation buttons arranged on the right side. (iii) Column of [Description of the Design] In the case of a partial design, in addition to the contents that need to be stated in the case of a whole design, contents including the way of specifying the part for which the design registration is requested and the fact that views that only indicate any other parts other than the part for which the design registration is requested have been omitted must be stated. With regard to a graphic image on a screen that changes, where the changing order or the changing mode is unclear from the statement in the drawing alone, an explanation to specify these matters should be stated. (2) Statement in drawings i. In the case where a graphic image is displayed on the display part of an article itself (i) A set of six views representing the form of the entire article in the state of displaying the graphic image on a screen must be stated. It is not permissible to state only views representing the graphic image on a screen. When the display part is small and the graphic image on a screen cannot be disclosed sufficiently, an enlarged view of the graphic image part should be added. In that case, the indication of the view should be [Enlarged View of YY]. It is erroneous to indicate such view as [Graphic Image View]. ([Graphic Image View] refers to a view representing the graphic image displayed on the display part of another article that is used with the article in an integrated manner. (Form No. 6 Note (11) of the Ordinance for Enforcement of the Design Act) 161

171 (ii) Also, with regard to a partial design where the part for which the design registration is requested is all or part of the graphic image part, it is necessary to state a set of six views representing the form of the entire article, in principle. (See Part II, 2. Statement in drawings) (iii) In the case of a partial design where the part for which the design registration is requested is only a figure part that constitutes a part of a graphic image on a screen, and where other figures also appear in the other parts of the graphic image, it is necessary to state a form specific enough for understanding the purpose of the graphic image display part including the other figures. (iv) In the case of a design including plural graphic images on a screen that change where the subject matter in the state of including such plural graphic images is to be found to be one design, it is necessary to represent the graphic images before and after the change. (The subject matter is not found to be one design unless the graphic images are those for the same function of the article, and the modes of the graphic images before and after the change have relevance in form.) (See 13.5 Where the Graphic Image on a Screen Changes) <Fig > Example of statement in drawings representing a graphic image on a screen (whole design) [Article to the Design] Mobile phone [Front view] [Rear view] [Right side view] [Left side view] [Top view] [Reference view for explaining the operating part] [Bottom view] Sound volume display part Sound control button Back button 162

172 <Fig > Example of views where the part for which the design registration is requested is the display part displaying a graphic image on a screen (partial design) [Article to the Design] Portable music player with camera [Description of Article to the Design] The graphic image displayed on the display part in the front view is used for the operation to enable the portable music player with camera to perform the camera function, where the user selects an icon and sets the shooting mode. [Description of the Design] The part depicted by solid lines is the part for which the design registration is requested as a partial design. The part enclosed by the solid lines is the display part. The left side view is symmetrical to the right side view and the top view is symmetrical to the bottom view, so they are omitted. [Front view] [Right side view] [Rear view] [Bottom view] 163

173 <Fig > Example of a graphic image on a screen of a computer with additional function (partial design) [Article to the Design] Computer with a function of creating postcards [Description of Article to the Design] The graphic image displayed on the display part in the front view is used for the operation to enable the computer with a function of creating postcards to perform the function of creating postcards, where a user selects a name from the address book and the image to be printed is displayed. [Description of the Design] The part other than the part depicted by broken lines is the part for which the design registration is requested as a partial design. The part enclosed by the solid lines is the display part. [Front view] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. <Fig > Example of a graphic image on a screen of a computer with additional function (partial design) [Article to the Design] Computer with a machining center control function [Description of Article to the Design] The graphic image displayed on the display part in the front view is used for the operation to enable the computer with a machining center control function to perform the machining center control function, where the user sets the details of the cutting work. [Description of the Design] The part other than the part depicted by broken lines is the part for which the design registration is requested as a partial design. The part enclosed by the solid lines is the display part. [Front view] Work setting Select work type Switch display Drawing Video Back Settings Adjust dimensions Start processing Select position Select type * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 164

174 ii. In the case where a graphic image on a screen is displayed on another display equipment, etc. that is used with the article to the design in an integrated manner (i) A set of six views representing the form of the entire article to the design and a view representing the graphic image displayed on the other display equipment, etc. must be stated. With regard to an application for a partial design where the part for which the design registration is requested is the graphic image part alone, a set of six views may be omitted. (See Part II, 2. (8) (ii)) (ii) The indication of the view representing the graphic image on a screen should be [Graphic Image View]. (Form No. 6 Notes (11) and (21) of the Ordinance for Enforcement of the Design Act) (iii) The outline of [Graphic Image View] should be the peripheral line of the display part of the display equipment, etc. that is used with the article in an integrated manner. Even when the figure, etc. is displayed in one part of the display part (screen), the outline of the [Graphic Image View] should be the peripheral line of the entire display part. With regard to a partial design requesting design registration for a figure, etc. that constitutes one part of a graphic image on a screen displayed on other display equipment, etc., it is necessary to draw the outline of the display part (screen) represented in the [Graphic Image View] by broken lines, etc. (iv) In the case of a partial design where the part for which the design registration is requested is only a figure part that constitutes a part of a graphic image on a screen, and where other figures also appear in the other parts of the graphic image, it is necessary to state a form specific enough for understanding the purpose of the graphic image display part including the other figures. (v) In the case of a design including plural graphic images on a screen that change where the subject matter in the state of including such plural graphic images is to be found to be one design, it is necessary to represent the graphic images before and after the change. (The subject matter is not found to be one design unless the graphic images are those for the same function of the article, and the modes of the graphic images before and after the change have relevance in form.) (See 13.5 Where the Graphic Image on a Screen Changes) 165

175 <Fig > Example of drawings in the case where a graphic image on a screen is displayed on other display equipment (whole design) [Article to the Design] Magnetic disc recorder with a tuner [Description of Article to the Design] This article is a magnetic disc recorder which has a television tuner capable of receiving highdefinition television broadcasting and is capable of recording and playing television programs it receives. The graphic image represented in the graphic image view is displayed on display equipment that is used with the article in an integrated manner. The graphic image is one used for the operation for enabling the article to perform its recording function. It is displayed when a user makes a recording reservation for a television program, and allows the user to select and decide the program to be recorded from the program names indicated in multiple horizontally long display columns arranged in the center of the screen, by using the operation buttons arranged on the right side. [Graphic image view] [Top view] [Reference view for explaining the operating part] Title display columns [Front view] Select button Decide button Cancel button [Bottom view] Back button Detailed settings button Date setting button Menu button (Note) In the case where a graphic image is displayed on other display equipment that is used with the article to the design in an integrated manner, the fact that the article used in an integrated manner is display equipment must be described. [Rear view] [Right side view] 166

176 <Fig > Example of drawings in the case where a graphic image on a screen is displayed on other display equipment (partial design requesting design registration for the graphic image part) [Article to the Design] Magnetic disc recorder with a tuner [Description of Article to the Design] This article is a magnetic disc recorder which has a television tuner capable of receiving highdefinition television broadcasting and is capable of recording and playing television programs it receives. The graphic image represented in the graphic image view is displayed on display equipment that is used with the article in an integrated manner. The graphic image is one used for the operation for enabling the article to perform its recording function. It is displayed when a user makes a recording reservation for a television program, and allows the user to select and decide the program to be recorded from the program names indicated in multiple horizontally long display columns arranged in the center of the screen, by using the operation buttons arranged on the right side. [Description of the Design] The part depicted in solid lines is the part for which the design registration is requested as a partial design. [Graphic image view] [Top view] [Front view] [Reference view for explaining the operating part] [Rear view] [Right side view] Select button Menu display columns Menu change button (Note) A view indicated as [Graphic Image View] only refers to a view representing the graphic image displayed on other display equipment that is used with the article in an integrated manner. It is erroneous to indicate an enlarged view, etc. of a part of a graphic image that is displayed on the display part of the article to the design itself as [Graphic Image View]. (Note) In the case where a graphic image is displayed on other display equipment that is used with the article to the design in an integrated manner, the fact that the article used in an integrated manner is display equipment must be described. 167

177 <Fig > Example of statement in drawings in the case where a graphic image on a screen is displayed on other display equipment (partial design requesting design registration for the graphic image part of a computer with additional function) [Article to the Design] Computer with a function of creating postcards [Description of Article to the Design] The graphic image represented in the graphic image view is displayed on display equipment that is used with the article in an integrated manner. The graphic image is used for the operation to enable the computer with a function of creating postcards to perform the function of entering addresses, where a user selects a name from the address book and the image to be printed is displayed. [Description of the Design] The part represented in the graphic image view is the part for which the design registration is requested as a partial design. The set of drawings representing the form of the entire article to the design is omitted since they do not represent the part for which the design registration is requested as a partial design. [Graphic image view] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. (Note) A view indicated as [Graphic Image View] only refers to a view representing the graphic image displayed on other display equipment that is used with the article in an integrated manner. It is erroneous to indicate an enlarged view, etc. of a part of a graphic image that is displayed on the display part of the article to the design itself as [Graphic Image View]. (Note) In the case where a graphic image is displayed on other display equipment that is used with the article to the design in an integrated manner, the fact that the article used in an integrated manner is display equipment must be described. (Note) In the case of omitting the set of drawings representing the form of the entire article to the design, the fact that the drawings have been omitted must be described. 168

178 <Fig > Example of an inappropriate view representing [Graphic Image View] [Graphic image view] (Note) It is erroneous to represent the form of other display equipment that is used with the article to the design in an integrated manner in [Graphic Image View] whether in solid lines or in broken lines (a part other than the part for which the design registration is requested). [Graphic Image View] only represents the graphic image displayed on the display part (screen) of other display equipment, but its outline should be the peripheral line of the display part (screen). <Fig > Example of inappropriate views in the case where a graphic image on a screen is displayed on other display equipment that is used with the article to the design in an integrated manner [Front view] [Right side view] (Note) If the drawings are prepared as in this example in the case of displaying a graphic image for operation of a DVD player on the screen of a television, etc. that is used with the DVD player in an integrated manner, the forms of two articles will be represented in the drawings (it could be found to be two designs). [Graphic Image View] should only represent the graphic image displayed on the display equipment that is used with the article to the design in an integrated manner. 169

179 <Fig > Example of a view in the case of a partial design where the part for which the design registration is requested is only specific figures in a graphic image on a screen [Graphic image view] [Description of the Design] The part depicted by solid lines is the part for which the design registration is requested as a partial design. The dashdotted lines indicate the boundary between the part for which the design registration is requested as a partial design and any other part. (Note) By enclosing the part showing the figures for which the design registration is requested by dashdotted lines, a part of a graphic image can be specified as one design. * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. <Fig > Example of statement in a view indicating the part for which the design registration is requested in the case of a partial design where such part is only specific figures in a graphic image on a screen [Front view] [Description of the Design] The part depicted by solid lines is the part for which the design registration is requested. (Note) Multiple figure parts are found to be one design even if each figure is separated from the others as shown in the example view, as long as those figures have unity in form or functions (only the figure parts for which the design registration is requested should be drawn in solid lines). In order to treat multiple constituent elements that have no unity in form or functions as one design, they need to be enclosed by dash-dotted lines as shown in <Fig >. * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 170

180 <Fig > Example of statement in a reference view for explaining the function performed by the operation and the operation method(example of a reference view to be added along with the statement in [Description of Article to the Design]) [Reference view for explaining the operating part] Select button Decide button Cancel button Title display columns * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 171

181 13.5 Where the Graphic Image on a Screen Changes In a design including a graphic image on a screen, because a graphic image is a form of a part of an article, one graphic image is represented in one design, in principle. Accordingly, where plural graphic images are represented in one application, it is regarded that one application contains multiple designs including a graphic image and is not found to be an application for design registration filed for each design as provided in Article 7 of the Design Act. However, where it can be found from the contents of the statement in the application and drawing, etc. attached to the application, such as the description of the article to the design, that the plural graphic images on a screen satisfy both of the following two requirements, the subject matter in the state of including such plural graphic images can be found to be one design.* (See of the Examination Guidelines for Design) (* Hereinafter referred to as a graphic image that changes ) (i) The plural graphic images are graphic images for making necessary indications for performing the same function of the article or graphic images that are provided for use in the operation carried out in order to enable the article to perform the same function (hereinafter referred to as graphic images for the same function of the article ). (Note) Where continuation of operation is found, such as where it is necessary to give a series of multiple input instructions (selection instructions) for enabling the article to perform one of its functions, the series of graphic images on a screen that continuously change in correspondence to such input instructions (selection instructions) are found to be graphic images for the same function of the article. For example, as in the case of the money transfer function of an automated teller machine of a bank, the graphic images on a screen ranging from the corresponding icon on the initial menu screen, to those for selecting the bank, entering the transfer destination, entering the transfer amount, to making the transfer are found to be graphic images for the same function of the article, either as individual graphic images or as a transition screen for the entire money transfer functions including all of these graphic images. (ii) Relevance in form based on commonality in figures, etc. must be found in the graphic images before and after the change. (Note) In the case of a design including three or more graphic images on a screen, determination on relevance in form is made for two graphic images: one immediately before and one immediately after the change. Meanwhile, with regard to a partial design requesting design registration for a part of a graphic image on a screen, determination on the presence or absence of relevance in form is made for the part for which design registration is requested in the graphic images before and after the change. 172

182 (1) Points to be noted when making a statement in an application and drawings (i) Colum of [Description of Article to the Design] The fact that the plural graphic images on a screen are graphic images for the same function of the article must be stated. (ii) Column of [Description of the Design] Where the changing order or the changing mode is not sufficiently expressed by the statement in the drawing alone, an explanation to specify these matters should be stated. (iii) Statement in drawings a) It is necessary to represent the graphic images on a screen before and after the change. In this case, the graphic images before and after the change should be represented in such a way that they can be found to have relevance in form, by submitting views that include graphic images that serve as the key point of the change or graphic image views. b) The plural graphic images showing the changing mode should be represented in the changing order, in principle. When the changing mode cannot be sufficiently expressed by merely arranging views in the changing order, the changing mode of the views should be expressed by, for example, attaching numbers or codes for identifying the views after the represented views, such as yy view showing the changed state 1, yy view showing the changed state 2, and so on, while also using the abovementioned description of the design. (2) Categories of relevance in form (i) Movement of a figure, etc. Where a figure, etc. continuously moves, expands, shrinks, rotates or changes in color within the graphic image on a screen, while hardly changing its own shape (ii) Increase or decrease of the same figure, etc. Where the same figure, etc. increases or decreases (appears, disappears) continuously within the graphic image on a screen 173

183 (iii) Change of the layout within the graphic image on a screen Where the direction or the aspect ratio of the arrangement of figures, etc. changes according to the status of use of the device; where the figures, etc. change their arrangement within the graphic image on a screen, while hardly changing their own shapes (iv) Gradual change of the graphic image on a screen or figure, etc. itself Where a new graphic image gradually appears on a screen while a part of the graphic image before the transition still remains, and the transition to the new graphic image eventually completes; where the form of the figure, etc. differs at the beginning and the end of the change, but by disclosing the graphic image in the midst of the change, the figure, etc. is found to change gradually (v) Continuous use of a common motif Where a common motif comprised of the same figure, etc. is continuously used in the header part or the background of the graphic image on a screen (vi) Development of an additional figure, etc. Where a new figure, etc. appears within or disappears from the graphic image on a screen in conjunction with the operation (for example, development of a pulldown menu, sub-menu or sub-window, or appearance or disappearance of a popup indication in relation to an icon, etc.) 174

184 i. Where plural graphic images on a screen are found to be one design <Fig > Example of movement of a figure, etc. [Article to the Design] Mobile phone [Description of Article to the Design] The graphic images on a screen represented in the enlarged view of the display part and the enlarged view of the displayed part showing the state after the change can be used for enabling the performance of the function of the mobile phone. As shown in the enlarged view of the display part and the enlarged view of the displayed part showing the state after the change, when each figure, etc. for operation is designated, the explanation for said figure, etc. for operation also moves in conjunction. [Enlarged view of the display part] [Enlarged view of the displayed part showing the state after the change] Explanation Explanation * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. <Fig > Example of rotation of a figure, etc. [Article to the Design] Mobile phone with a music player [Description of Article to the Design] The graphic images on a screen represented in the enlarged view of the display part and the enlarged view of the display part showing the state after the change are used for selecting the information based on which music should start to play for enabling the performance of the music playing function of the mobile phone. As shown in the enlarged view of the display part and the enlarged view of the display part showing the state after the change, when each figure, etc. for operation is designated, the explanation for said figure, etc. for operation also changes in conjunction. [Enlarged view of the display part] [Enlarged view of the displayed part showing the state after the change] Play music Play music ランダム プレイリスト ランダム STORE プレイリスト STORE Choose by album name Choose by artist name * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 175

185 <Fig > Example of an increase or decrease of the same figure, etc. [Article to the Design] Music player [Description of Article to the Design] The graphic images on a screen represented in the enlarged view of the display part and the enlarged view of the display part after the change are used for controlling the sound volume. The level gauge changes in conjunction with the operation of the sound control dial, and the current sound volume level is indicated. [Enlarged view of the display part] Sound volume [Enlarged view of the displayed part showing the state after the change] Sound volume * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. <Fig > Example of a change of the layout within the graphic image on a screen [Article to the Design] Mobile information terminal [Description of Article to the Design] The graphic image on a screen represented in the front view is the menu screen for selecting a specific function from among the multiple functions of the article. When the article is rotated 90 degrees, the layout of the icons is changed in the direction corresponding to the direction of the article, as shown in the graphic image represented in the front view showing the state after the change. [Front view] [Front view showing the state after the change] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 176

186 <Fig > Example of a change of the layout within a graphic image on a screen [Article to the Design] Mobile phone [Description of Article to the Design] The graphic image on a screen represented in the front view is the menu screen for selecting a specific function from among the multiple functions of the article. The layout of the icons can be changed as shown in the front view showing the state after the change. [Front view] [Front view showing the state after the change] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 177

187 <Fig > Example of a gradual change of a graphic image on a screen [Article to the Design] Mobile information terminal [Description of Article to the Design] The graphic image displayed on the display part is a graphic image for the music playing function. The enlarged view of the display part 1 to the enlarged view of the display part 5 represent the change in the graphic images when having selected the icon for playing music from the menu screen, and the album selection screen appears as if turning a page from the bottom right of the menu screen. The graphic image represented in the enlarged view of the display part 5 is a graphic image for carrying out the operation to select the album to be played. [Enlarged view of the display part 1] [Enlarged view of the display part 2] [Enlarged view of the display part 3] [Enlarged view of the display part 4] [Enlarged view of the display part 5] Choose an album * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. This example shows a case where a new graphic image gradually appears on a screen while a part of the graphic image before the transition still remains, and the transition to the new graphic image eventually completes. The form of the figure differs at the beginning and the end of the change, but by disclosing the graphic image in the midst of the change, the figure is found to change gradually. It is found that the graphic images represented in [Enlarged View of the Display Part 1] to [Enlarged View of the Display Part 5] are for the music playing function, and that the graphic images immediately before and after the change have relevance in form also in the changing mode shown in the respective views. 178

188 <Fig > Example of a gradual change of a graphic image on a screen [Article to the Design] Mobile information terminal [Description of Article to the Design] The graphic image displayed on the display part is a graphic image for the music playing function. The enlarged view of the display part 1 to the enlarged view of the display part 6 represent the change in the graphic images when having selected the icon for playing music from the menu screen, and the album selection screen appears as the entire graphic image slides to the left. The graphic image represented in the enlarged view of the display part 6 is a graphic image for carrying out the operation to select the album to be played. [Enlarged view of the display part 1] [Enlarged view of the display part 2] [Enlarged view of the display part 3] Choose an album [Enlarged view of the display part 4] [Enlarged view of the display part 5] [Enlarged view of the display part 6] Choose an album Choose an album Choose an album * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. It is found that the graphic images represented in [Enlarged View of the Display Part 1] to [Enlarged View of the Display Part 6] are for the music playing function, and that the graphic images immediately before and after the change have relevance in form also in the changing mode shown in the respective views. 179

189 <Fig > Example of a gradual change of a graphic image on a screen [Article to the Design] Mobile phone [Description of Article to the Design] The graphic images represented in [Enlarged View of the Display Part] and [Enlarged View of the Display Part Showing the Change 1] to [Enlarged View of the Display Part Showing the Change 7] are a series of graphic images for carrying out the initial setting. When the upper left icon is selected in [Enlarged View of the Display Part], the icon expands and moves, and the graphic image sequentially changes to that in [Enlarged View of the Display Part Showing the Change 7]. The graphic image represented in [Enlarged View of the Display Part Showing the Change 7] displays the menu items for carrying out the initial setting. [Enlarged view of the display part] [Enlarged view of the display part showing he change 1] [Enlarged view of the display part showing he change 2] [Enlarged view of he display part showing the change 3] [Enlarged view of the display part showing he change 4] [Enlarged view of the display part showing he change 5] [Enlarged view of the display part showing he change 6] [Enlarged view of the display part showing he change 7] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. It is found that the series of graphic images are for carrying out the initial setting, and that the graphic images immediately before and after the change have relevance in form also in the changing mode shown in the respective views. 180

190 <Fig > Example of a gradual change of a figure, etc. itself [Article to the Design] Mobile phone [Description of Article to the Design] The graphic images represented in enlarged views of the display part 1 to 6 are graphic images of the mobile phone standby screen. The icon, which is the part for which the design registration is requested, is for informing the user of receipt of an . When the icon is selected, an opening screen is activated. Until the is opened, the icon continues a gradual change, by repeating the change in the order of enlarged views of the display part 1 to 6 and then 6 to 1, while rotating vertically. [Enlarged view of the display part 1] [Enlarged view of the display part 2] [Enlarged view of the display part 3] You've got mail. You've got mail. You've got mail. [Enlarged view of the display part 4] [Enlarged view of the display part 5] [Enlarged view of the display part 6] You've got mail. You've got mail. You've got mail. * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. It is found that the series of graphic images are for the function. Also, because the forms of the figure, etc. (icon), which is the part for which the design registration is requested, displayed in the graphic images immediately before and after the change show commonality, it is found that the graphic images have relevance in form. As in this example, determination on graphic images for the same function is made based on the entire graphic image, and determination on relevance in form is made based on the part for which the design registration is requested. 181

191 <Fig > Example of continuous use of a common motif [Article to the Design] Mobile phone [Description of Article to the Design] The graphic image displayed on the display part is a graphic image for the music playing function. By selecting the item in the enlarged view of the display part 1, transition to the enlarged view of the display part 2 takes place, and by selecting an item in the enlarged view of the display part 2, transition to the enlarged view of the display part 3 takes place. Then, by selecting a tune in the enlarged view of the display part 3, transition to the enlarged view of the display part 4 takes place. The enlarged view of the display part 4 is a graphic image representing the status of progress of the playing of the selected music. [Enlarged view of the display part 1] [Enlarged view of the display part 2] [Enlarged view of the display part 3] [Enlarged view of the display part 4] Choose by album Choose a tune Choose by artist Choose by genre Recently added tunes * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. The series of graphic images are for the music playing function. Also, because the musical note motifs displayed in the graphic images immediately before and after the change show commonality, it is found that the graphic images have relevance in form. Also, while the graphic image in [Enlarged View of the Display Part 4] is a graphic image for operation, a change from such graphic image for operation to a graphic image for making necessary indications can be found to be one design if the requirements are satisfied. <Fig > Example of continuous use of a common motif [Article to the Design] Copying machine [Description of Article to the Design] The graphic images on a screen represented in the front view, the partial enlarged view of the display part, and the partial enlarged view of the display part showing the changed state are for carrying out various settings for the copying. [Partial enlarged view of the display part] [Partial enlarged view of the display part showing the changed state] Basic settings Useful functions Number of copies Basic settings Useful functions Number of copies Monochrome/color Magnification Paper selection Settings Number of copies Monochrome Full color Copy density Automatic Other magnification Automatic Tray 1 Tray 2 Manual feed Monochrome Magnification 100% Paper Tray 1 One side Clear Copies * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. Both graphic images are those for the copying function, and because the forms of the buttons in the header part show commonality, it is found that the graphic images have relevance in form. 182

192 <Fig > Example of continuous use of a common motif [Article to the Design] Mobile phone [Description of Article to the Design] The article is a mobile phone having step count measurement and indication functions. By selecting the history button in the front view, a past step count record can be displayed in a graph. The graphic images on a screen represented in the front view and the front view showing the changed state are graphic images for the step count indication function. [Front view] [Front view showing the changed state] Step counter Step count Today Yesterday Menu Steps Steps History Today Date Date Date Date Date Date Menu Step counter Today * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. The graphic images in the front view and the front view showing the changed state are both those for the step count indication function, and because the forms of the motifs in the header part and the operation buttons at the bottom show commonality, it is found that the graphic images have relevance in form. 183

193 <Fig > Example of continuous use of a common motif [Article to the Design] Automated teller machine [Description of Article to the Design] The respective graphic images are used for setting the transfer destination and inputting the transfer amount for the money transfer function. [Description of the Design] When making a transfer by using a card, the graphic image on a screen makes a transition in sequence from [Enlarged View of the Display Part] to [Enlarged View of the Display Part Showing the State after the Change 1], [Enlarged View of the Display Part Showing the State after the Change 2], [Enlarged View of the Display Part Showing the State after the Change 4], and [Enlarged View of the Display Part Showing the State after the Change 5]. When making a transfer by cash, the graphic image on a screen makes a transition in sequence from [Enlarged View of the Display Part] to [Enlarged View of the Display Part Showing the State after the Change 3], [Enlarged View of the Display Part Showing the State after the Change 4], and [Enlarged View of the Display Part Showing the State after the Change 5]. [Enlarged view of the display part] Welcome Cancel Please press the transaction you desire. [Enlarged view of the display part showing the state after the change 1] Please press the transfer method you desire. [Enlarged view of the display part showing the state after the change 2] Please enter your passcode. Withdrawal Deposit Cash Card Transfer Balance Inquiry Passcode Cancel Cancel Cancel [Enlarged view of the display part showing the state after the change 3] Please press the transfer method you desire. [Enlarged view of the display part showing the state after the change 4] Please press the transfer destination financial institution. [Enlarged view of the display part showing the state after the change 5] Please enter the transfer amount. Amount Cash Card ten thousand thousand Cancel Cancel Cancel yen * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. If the graphic images are those for the same function of the article, and relevance in form can be found in the graphic images before and after the change, they are found to be one design even if the graphic image branches to different graphic images as in this example, or in other cases with combined modes of change, such as where the graphic image returns to the previous one. 184

194 <Fig > Example of development of an additional figure, etc. [Article to the Design] Digital camera [Description of Article to the Design] The graphic image on a screen represented in the front view is used in the operation to start up or set up the camera for the function to take pictures. As shown in the front view showing the state after the change, when a certain time period passes while in a state of designating a figure, etc. for operation, an explanation in a speech balloon is displayed with regard to the contents that can be set by the figure, etc. for operation. [Front view] [Front view showing the state after the change] Various settings can be made concerning the function to take pictures * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. The graphic images in [Front View] and [Front View Showing the State after the Change] are graphic images for the function to take pictures, and because the five figures for operation vertically arranged in a row on the far-right within the graphic images are in common, it is found that the graphic images have relevance in form <Fig > Example of development of an additional figure, etc. [Article to the Design] Portable game machine [Description of Article to the Design] The graphic images represented in the enlarged views of the display part 1 to 3 are used for carrying out the initial settings of a game machine. When choosing an arbitrary icon in the enlarged view of the display part 1, a pop-up window appears, and the graphic image changes from the enlarged view of the display part 2 to the enlarged view of the display part 3. The pop-up window indicates an explanation of the function of the selected icon, the execution button and other buttons. [Enlarged view of the display part 1] [Enlarged view of the display part 2] [Enlarged view of the display part 3] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. The graphic images are graphic images for operation used for the initial settings, and because the four icons in the far-left in the enlarged view 1 and the enlarged view 2 are in common, and the icons and the outer shapes of the pop-up windows in the enlarged view 2 and enlarged view 3 are in common, relevance in form is found in both sets of graphic images before and after the change. 185

195 ii. Where plural graphic images on a screen are not found to be one design <Fig > Example of a case where plural graphic images on a screen are not found to be one design since they are for different functions [Article to the Design] Mobile phone [Description of Article to the Design] The graphic image displayed on the display part is used for the input operation for writing s. The graphic image represented in the enlarged view of the display part showing the state after the change is a graphic image used for the calculator function, and calculation is carried out by selecting buttons. [Description of the Design] The part depicted in solid lines is the part for which the design registration is requested as a partial design. [Enlarged view of the display part] [Enlarged view of the displayed part showing the state after the change] To: Subject: Enter body text * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. Relevance in form can be found in the forms of the part for which the design registration is requested (the shape of the cloud-shape frame) in the two views. However, while the graphic image on a screen showing the state before the change is a graphic image for the function, the graphic image showing the state after the change is a graphic image for the calculator function, and they are not found to be graphic images for the same function of the article. 186

196 <Fig > Example of a case where plural graphic images on a screen are not found to be one design since they are for different functions [Article to the Design] Route guidance indicator [Description of Article to the Design] The graphic image on a screen represented in the graphic image view is displayed on the display equipment that is used with the article in an integrated manner. It is for the operation to select the sound source of the music to be played. By selecting the flag icon in the menu part at the left, the graphic image changes to a graphic image for setting the destination for route guidance, as in the graphic image showing the state after the change. [Graphic image view] [Graphic image view showing the state after the change] Setting destination Address Genre Name Telephone number Surroundings History * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. While the graphic image on a screen showing the state before the change is a graphic image for the music playing function, the graphic image showing the state after the change is a graphic image for the route guidance function, and they are not found to be graphic images for the same function of the article. In the case where a graphic image is displayed on other display equipment that is used with the article to the design in an integrated manner, the fact that the article used in an integrated manner is display equipment must be described. 187

197 <Fig > Example of a case where plural graphic images on a screen are not found to be one design since they are for different functions [Article to the Design] Mobile information terminal [Description of Article to the Design] The enlarged view of the display part represents a menu screen. When the music icon is selected, the graphic image changes to that in the enlarged view of the display part showing the state after the change 1, and the menu of the music playing function appears. When the icon is selected, the graphic image changes to that in the enlarged view of the display part showing the state after the change 2, and the menu of the function appears. When the search icon is selected, the graphic image changes to that in the enlarged view of the display part showing the state after the change 3, and the menu of the search function appears. [Enlarged view of the display part] [Enlarged view of the display part showing the state after the change 1] [Enlarged view of the display part showing the state after the change 2] [Enlarged view of the display part showing the state after the change 3] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. This example covers the following three designs: a design that changes from [Enlarged View of the Display Part] to [Enlarged View of the Display Part Showing the State after the Change 1] where the musical note motifs in the graphic images for the musical playing function before and after the change show commonality; a design that changes from [Enlarged View of the Display Part] to [Enlarged View of the Display Part Showing the State after the Change 2] where the motifs in the graphic images for the function before and after the change show commonality; and a design that changes from [Enlarged View of the Display Part] to [Enlarged View of the Display Part Showing the State after the Change 3] where the magnifying glass motifs in the graphic images for the search function before and after the change show commonality. Therefore, they are not found to be graphic images for the same function of the article. 188

198 <Fig > Example of a case where plural graphic images on a screen are not found to be one design since there is no relevance in form [Article to the Design] Mobile phone [Description of Article to the Design] The graphic images on a screen represented in the front view and the front view showing the state after the change are used in the operation to select the method for selecting the call designation. By pressing the lowermost button in the right-hand row in the front view, the graphic image changes into a list display, as shown in the front view showing the state after the change. [Front view] [Front view showing the state after the change] * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. 189

199 <Fig > Example of a case where plural graphic images on a screen are not found to be one design since there is no relevance in form [Article to the Design] Copying machine [Description of Article to the Design] The graphic images on a screen represented in the front view, the partial enlarged view of the display part, and the partial enlarged view of the display part showing the changed state are for carrying out various settings for the copying. [Partial enlarged view of the display part] [Partial enlarged view of the display part after the change] Basic settings Useful functions Number of copies Basic settings Useful functions Number of copies Monochrome/color Magnification Paper selection Current settings Number of copies Monochrome Full color Copy density Automatic Other magnification Automatic Tray 1 Tray 2 Manual feed Monochrome Magnification 100% Paper Tray 1 One side Copy density Normal Clear Copies * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. With regard to the part for which design registration is requested, the graphic images on a screen before and after the change have no common elements and lack coordination, and are found to have no relevance in form. 190

200 <Fig > Example of a case where plural graphic images on a screen are not found to be one design since there is no relevance in form [Article to the Design] Mobile information terminal [Description of Article to the Design] The graphic image displayed on the display part is a graphic image for the music playing function. The enlarged view of the display part 1 to the enlarged view of the display part 3 represent the change in the graphic images when having selected the icon for playing music from the menu screen, and the album selection screen appears as if turning a page from the bottom right of the menu screen. The graphic image represented in the enlarged view of the display part 3 is a graphic image for carrying out the operation to select the album to be played. [Enlarged view of the display part 1] [Enlarged view of the display part 2] [Enlarged view of the display part 3] Choose an album * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. The series of graphic images are for the same function, and [Enlarged View of the Display Part 1] and [Enlarged View of the Display Part 2] are found to have relevance in form. However, [Enlarged View of the Display Part 2] and [Enlarged View of the Display Part 3] are found to have no relevance in form, since there is hardly any commonality in the figures, etc. This example covers the following two designs: the graphic image represented by [Enlarged View of the Display Part 1] and [Enlarged View of the Display Part 2]; and the graphic image represented in [Enlarged View of the Display Part 3]. Therefore, they are not found to be graphic images for the same function of the article. Since relevance in form is determined based on the graphic images before and after the change, in order for a series of graphic images that change gradually to be found to be one design, the graphic image in the midst of the change needs to be disclosed to the extent of the example of views shown in <Fig >. 191

201 <Fig > Example of a case where plural graphic images on a screen are not found to be one design since there is no relevance in form [Article to the Design] Automated teller machine [Description of Article to the Design] The graphic image displayed on the display part is used for making a balance inquiry. By selecting the balance inquiry button, the graphic image makes a transition to the screen for entering the passcode. [Enlarged view of the display part] [Enlarged view of the displayed part showing the state after the change] Welcome Cancel Please press the transaction you desire. Please enter your passcode. Withdrawal Transfer Deposit Balance Inquiry Passcode Delete Cancel * For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted. In this example, no relevance in form can be found in the graphic images before and after the change, since there is no commonality in figures, etc. Although blue color is used in the background of both graphic images, relevance in form cannot be found for mere use of consistent colors. 192

202 13.6 In the case of a liquid crystal display panel (where figurative segments are arranged in fixed positions) The liquid crystal display panel discussed in this section is a component incorporated (into various types of articles) as a display part, which generally takes the form of a panel, and almost the entire part of which is a liquid crystal display part. It arranges a part that displays figures, etc. as a figurative segment in a fixed position on the liquid crystal display part, and by passing electric current, the segment part changes and displays figures, etc. (the figurative segment display method). An article in which the entire display part is composed of a large number of pixels and which is capable of freely displaying various figures by using a program (the dot matrix display method) is not regarded as a liquid crystal display panel as discussed in this section. A liquid crystal display panel becomes capable of passing electric current only by being incorporated into the display part (of various types of articles), and only displays figures, etc. by passing electric current. In most liquid crystal display panels, it is impossible to distinguish between the figurative segment part and the other parts when not passing electric current. Therefore, figures, etc. do not actually become visible as the appearance of a liquid crystal display panel, which is used as a component. However, in the figurative segment display method, the segment part is arranged in a fixed position as a figurative part that has an attribute to undergo a change by passage of electric current, and is an indispensable and major constituent element in the design of an article which is a display panel. Considering such characteristic, the figurative segment part of a liquid crystal display panel is treated as an element that constitutes a design, irrespective of whether it is actually visible when not passing electric current. Due to the above, the statements in the application and drawings should be as follows. (1) Statement in the application (i) Column of [Article to the Design] The fact that the article is a liquid crystal display panel must be clearly stated, such as liquid crystal display panel for yy. (ii) Column of [Description of the Design] a) In order to help in understanding what kind of figures, etc. are displayed by passage of electric current, an explanation of the figures, etc. that appear by passage of electric current should be stated as needed. However, in the case where the mode of the figures, etc. that appear by 193

203 passage of electric current is clearly understandable from the purpose of use, general mode, [Reference View Indicating the State of Use], etc. of the article incorporating the liquid crystal display panel, the statement in the column of [Description of the Design] is unnecessary. b) In the case where there are any non-translucent figurative parts, etc. that are printed, etc., an explanation as to which parts are such parts should be stated. However, if such parts can be clearly distinguished by [Reference View Indicating yy], the statement of an explanation is unnecessary. (2) Statement in drawings (i) All figurative segment parts and non-translucent figurative parts, etc. that are printed, etc. should be depicted in a set of six views, etc. (ii) The outlines of the figurative segment parts and non-translucent figurative parts, etc. that are printed, etc. should be depicted as in the case of shape lines. (iii) With regard to figures, etc. that appear by passage of electric current, they do not appear unless the display part is incorporated into an article and electric current is passed, so they should not be represented in a set of six views, etc., but in a reference view ([Reference View Indicating the State of Passage of Electric Current]) as needed. (iv) In cases where there are not only figurative segment parts, but also nontranslucent figurative parts, etc. that are printed, etc., their distinction should be clearly indicated by [Reference View Indicating yy]. However, if such parts can be clearly distinguished by statements in the column of [Description of the Design] alone, the indication is not required. 194

204 <Fig > Example of views representing all segment parts (All outlines of the figurative segment parts should be depicted by solid lines.) [Article to the Design] Liquid crystal display panel for clocks [Description of the Design] The lines indicating the standard times of locations around the world, the day of the week, the date, and the time are displayed. [Front view] [Right side view] <Fig > Example of a view with an additional reference view indicating the state of passage of electric current (Figures, etc. that appear in the state of passage of electric current should be represented in [Reference View Indicating the State of Passage of Electric Current].) [Article to the Design] Liquid crystal display panel for automobiles [Front view] [Reference view indicating the state of passage of electric current] 195

205 <Fig > Example of a view with an additional reference view indicating the state of passage of electric current [Article to the Design] Liquid crystal display panel [Front view] [Reference front view indicating the state of passage of electric current] <Fig > Example of a view with an additional reference view indicating printed figures, etc. (The distinction between figurative segments and any other figures or characters should be indicated by a reference view as shown in this example, as needed.) [Article to the Design] Liquid crystal display panel for motorbikes [Front view] [Reference front view indicating printed figures, etc.] 196

206 14. Design for a Set of Articles In cases where two or more articles are used together, falling under the category of a set of articles listed in the Appended Table 2, and the set of articles is coordinated as a whole, applicants can file an application for design registration for such two or more articles as one design for a set of articles. (Please see the Examination Guidelines for Design 72) 14.1 Points to be noted in making a statement in the application In the column of [Article to the Design], it is necessary to state a set of XXX using the name of set item listed in the Appended Table 2. The same rule shall apply to the statement in [Description of Article to the Design] and [Description of the Design] as in the case of an ordinary application for design registration Points to be noted in making a statement in drawings (1) Two different cases (i) In cases where if the form of each article that constitutes a set of articles is represented, the design of a set of articles can be sufficiently represented, applicants need to prepare a set of six views for each article that constitutes a set of articles. (ii) In cases where a set of articles show a sense of unity when all article are combined, applicants need to prepare not only a set of six views for each article that constitutes a set of articles, but also views necessary to sufficiently represent the form of a state in which all constituent articles are combined. (2) Indication of the view (i) The indication of the view representing each constituent article needs to be that with the name of constituent article (from Classification of Articles listed in Appended Table 1 or a classification name equivalent to the Classification of Articles ) (e.g. [Front view of XXX] or [Rear view of XXX]. (ii) In cases where the item names from Classification of Articles for the constituent articles are the same, applicants need to indicate, for example, [Front view of chair 197

207 1], [Front views of chair 2], and so on, so that indications of the same view may be clearly distinguished from each other. (iii) In cases where a set of articles shows a sense of unity when all articles are combined, the indication of the view needs to be as follows: the indications of a set of six views for the state in which all articles of the set are combined are [Front view], [Rear view], etc., and the indication of each constituent article is [Front view of XXX]. 198

208 <Fig > Example of the drawing depicting only the form of each article that constitutes a set of articles [Article to the Design] A set of dining knives, forks and spoons [Description of the Design] The rear view of dining knives and the front view of dining knives are mirror images to each other. [Top view of dining knife] [Left side view of dining knife] A [Front view of dining knife] A [Right side view of dining knife] [Bottom view of dining knife] [A-A line sectional view of dining knife] [Top view of dining fork] [Left side view of dining fork] A [Front view of dining fork] A [Right side view of dining fork] [Bottom view of dining fork] [Rear view of dining fork] [A-A line sec ional view of dining fork] [Top view of dining spoon] [Left side view of dining spoon] A [Front view of dining spoon] A [Right side view of dining spoon] [Bottom view of dining spoon] [Rear view of dining spoon] [A-A line sectional view of dining spoon] 199

209 <Fig Example of the drawing in the case where the form of the state in which all articles of the set are combined needs to be depicted [Article to the Design] A set of spice containers [Description of the Design] This article concerns a set of spice containers, in which a pepper dredger and a salt dredger are placed on a plate, facing each other obliquely. The bottom view of the plate and the top view of the plate are identical to each other. [Top view] A A [Left side view] [Front view] [Right side view] [Rear view] [Bottom view] [A-A line sectional view] [Top view of the salt dredger] [Left side view of the salt dredger] [Front view of the salt dredger] [Right side view of the salt dredger] [Rear view of the salt dredger] [Bottom view of the salt dredger] [Top view of the pepper dredger] [Left side view of the pepper dredger] [Front view of the pepper dredger] [Right side view of the pepper dredger] [Rear view of the pepper dredger] [Bottom view of the pepper dredger] [Top view of the plate] [Left side view of the plate] [Front view of the plate] [Right side view of the plate] [Rear view of the plate] 200