[Design] Tokyo District Court, 2021 (Wa) 30281 and Other Cases, “Protective Member and Push Handle” <Kokubu>
Updated: 6h
Article information
Article type: Case note
Category: Designs, Patents
Topics: Divisional applications, Indirect infringement, Partial designs
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-05-18 (Japan time). Full English translation.
[Design] Tokyo District Court, 2021 (Wa) 30281 and Other Cases, “Protective Member and Push Handle” <Kokubu>
Patent infringement upheld + design infringement upheld
⇒ Design infringement: a converted application and indirect infringement of a partial design (Design Act, Article 38(i)(a))!!
The defendants alleged invalidity, arguing among other things that the conversion to the design application was unlawful. However, the court held that the specification of the divisional application disclosed, for example, that the protective portion was disk-shaped and flat underneath, so identity was not negated.
(Excerpts from the court's reasoning)
The defendant's product is a handgrip attached to the upper end of a single pipe of a transport trolley, in which case it becomes the trolley's push handle together with that pipe. It is found that the product would not be attached to anything other than a trolley pipe and thereby acquire a function or use different from a push handle (entire purport of oral argument). Accordingly, the defendant's product is found to be an “article used exclusively for manufacturing” (Design Act, Article 38(i)(a)) a trolley push handle by being attached to the upper end of its pipe.
The defendants argue that their product is used for purposes other than push handles inserted into their trolleys, can be attached to pipes of various lengths, and therefore does not produce a fixed relationship between the grip length and the total pipe length as in the designs at issue. However, even if the product is attached to different types of trolley or pipe, it remains an “article used exclusively for manufacturing” a trolley push handle by attachment to the pipe's upper end. The defendants' argument therefore cannot be accepted.
Update history
The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
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