Designs

Under design law, a design means the shape, pattern, color,

or combination of these in an article that produces an aesthetic impression in the sense of sight.

Requirement for Design Registration

  • 01
    Industrial Utility
    The registered design must be capable of reproduction and should be intended for mass production from the very first stage of the creation of design, while sufficiently proven to be technically materialized beyond the realm of a simple idea. For example, any outcome or the right to such that is included within the scope of fine art is categorized as a design that has no value for industrial utilization, and therefore, no design patent is granted.
  • 02
    Novelty
    The intended design for patent right should not be known to the public prior to the date of the application. In case of submitting an application for the design patent of a design that is same or similar to the already existing design, the application will be rejected for the design does not possess novelty. However, in a case when a request or notice is submitted by an entity or an individual who possesses the right to obtain the registration of a design, if the application are completed within 6 months from the date of the publication, the design is considered to possess the novelty.
  • 03
    Creativity
    A design that can be created without difficulty by using a shape, pattern, color, or combination of these that are widely known to the public prior to the date of application may not be eligible for design patent, even proven to possess novelty.
  • 04
    Prior Application
    Even in a case when the application of a design are completed prior to a publication of another design, and when the design is generally found to be dissimilar to the another design, if the application and the registration of the another design are completed earlier, and if any portion of the design is same or similar to the another design, the design will not be granted with the design patent.

Definition

  • Productibility
    Design patent is provided to protect an article applied with a design that is granted with the design patent. Under design patent, an article in principle consists of a specifically tangible movable asset provided with distinctiveness.
  • Configurability
    A design meansthe shape, pattern, color, or combination of these , and the shape refers to a dimensional silhouette forming the article or the form of the article in a given space, the pattern refers to a discernible regularity shown on the exterior appearance of the design, and the color refers to a distinctive visual property that is painted on the article.
  • Visibility
    A design should be distinguished and corresponded visually in the sense of sight.. Design patent does not protect any design that is not recognized visually, not distinguished by naked eye, and not to be seen from an outside. However, an inside design provided with a structure having a cap or a lid may be a subject of design patent.
  • Aesthetic Quality
    A design should contain aesthetic value, and during an examination of design patent, a design is considered to possess aesthetic value as long as the design possesses certain sense of beauty, rather than high degree of aesthetic quality.
Expiration of
Design Patents

A design patent is valid for 20 years, starting from the date on which the application of the design patent is filed. However, a annuity fee should be paid annually, and the design patent will be expired if the fee is not paid within the given time period.