[Article / Designs] The boundary of similarity assessment between partial and whole designs (Design Committee, Patent, April 2025)
更新日：4 時間前
Article information
Categories: Designs
Topics: Similarity of designs / Partial designs
Published on this website: 2026-09-29
[Article / Designs] The boundary of similarity assessment between partial and whole designs (Design Committee, Patent, April 2025)
1. Four requirements for a whole design and a partial design to be found similar (Design Examination Guidelines)
(1) Common use and function: The uses and functions of the articles, etc. of both designs must be identical or similar.
(2) Correspondence between the part and the whole: The use and function of the whole design and those of the “claimed part” of the partial design must be identical or similar.
(3) Position, size and scope: The position, size and scope of the claimed part must be within the range commonplace in that field.
(4) Similarity of shape, etc.: The shape, etc. of the whole design and those of the “claimed part” of the partial design must be identical or similar.
2. Trends in similarity assessment (three patterns)
(1) Cases with a broad claimed scope
These are close to the “picture frame” type in the Examination Guidelines.
(2) Cases where the presence or absence of an “essential part” determined similarity
Whether creative features are included is given more weight than a simple area ratio.
(3) Cases where similarity was assessed more leniently (relatively narrow claimed scope)
(1) Food packaging tray: Even where the claimed scope was about 60%, similarity was found if the visible peripheral shape was common, because the disclaimed central portion, by the nature of the article, “becomes invisible when food is placed on it.”
(2) Automobile instrument panel: Even where the claimed scope is about 50% of the whole, if the excluded portion is the back that becomes invisible after installation, common features of the visible front surface are emphasized.
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510488508772335616/
