ホーム > English > Patent > IP Q&A > questions > designqa > Q26. What point or points should be carefully considered when a Japanese design application is filed claiming priority based on an U.S. design patent application?

Q26. What point or points should be carefully considered when a Japanese design application is filed claiming priority based on an U.S. design patent application?

Q26. What point or points should be carefully considered when a Japanese design application is filed claiming priority based on an U.S. design patent application?

A26.
(A) Drawings
(1) It is required to submit front and rear views, top and bottom views, and right and left side views of an article. If the earlier U.S. application does not include one or more of these views, it should be necessary to newly prepare the missing views.
(i) If the overall appearance of a design to be protected cannot be specified by only the above six views, it may be necessary to submit a sectional view(s). For example, in a case where a design has a cylindrical shape provided at its top surface with a recess, a sectional view taken along a vertical line passing through the recess would have to be submitted.
(ii) If an article, to which a design relates, can change its shape in use or a portion of the article is releasable or deployed in use, it may be necessary to submit a view showing the article in its changed state. For example, if an article, to which a design relates, is a container with a removable lid, a bottom view of the lid and a top view of the container body may have to be submitted.

(2) The above views should be submitted upon the filing of a design application. It might not be allowed to submit the same in a later stage.

(B) Explanation of Article
If it might be difficult for an Examiner to understand a function of an article and/or how to use it, an “Explanation of Article” stating such a function etc. would have to be given. For example, if a design relates to an article which has not yet been known, the above “Explanation of Article” would have to be given.

(C) The number of designs to be included in a (single) design application
In a case where the earlier U.S. application includes therein more than one design (embodiments), it would be necessary to confirm whether a (single) design application with drawings including more than one design should be filed or separate applications, one for each design, should be filed.
In this connection, please refer to Q4 and A4.

(D) Grace period for loss of novelty
If, before the earlier U.S. application is filed, a design has already been publicly known anywhere, a Japanese design application should be filed within six months from the date on which the design was publicly known, while claiming priority based on the earlier U.S. application.