[Article / Designs] Relaxation of procedures for applying the exception to loss of novelty of designs (笹野拓馬, 森有希, Patent, April 2025)
Updated: 4 hours ago
Article information
Categories: Designs
Topics: Grace periods
Published on this website: 2026-09-29
[Article / Designs] Relaxation of procedures for applying the exception to loss of novelty of designs (笹野拓馬, 森有希, Patent, April 2025)
1. Background to the amendment
Previous problem: Identifying and proving every disclosure within 30 days of filing was difficult. Cases occurred in which a slight omission of proof led to rejection based on the applicant’s own disclosed design.
Outline of the amendment: Proof of one disclosure on the earliest day dispenses with proof of later disclosures of identical or similar designs.
2. Main revisions to the Examination Guidelines
(1) Identifying the disclosed design to be proved
A space for attaching photographs of the disclosed design was added to the “document providing proof.” In practice, even if a photograph does not show the entire design, it may be recognized as the disclosed design if “the entire article disclosed at the exhibition” can be objectively understood from text or other material.
(2) Definition of the “earliest day”
The order by hour and minute is irrelevant. Where several disclosures occurred on the same day, proof of any one of them suffices.
(3) Treatment of portions and components of an article
If disclosure of a “bicycle” is proved, its “saddle” and “frame” are also treated as proved if they can be separately identified.
3. Practical points: Risks remaining after procedural relaxation
Despite the relaxation, an applicant’s mistaken similarity assessment may lead to a fatal ground for rejection.
Even if the applicant omits proof believing designs to be similar, if the examiner finds them dissimilar, the disclosed design falls outside the exception and becomes a reference for rejection.
If a “teaser advertisement showing only a portion” and “the subsequent entire product” are found dissimilar, each requires proof.
Even where shapes are identical, separate proof is safer if patterns (prints, etc.) differ substantially.
Relaxation of procedures for applying the exception to loss of novelty of designs
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510488902290554880/
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