Tsubame IP Law Firm

The Japanese Patent Office has fundamentally revised the Design Act. Since April 1, 2020, the scope of protection under the Design Act has been expanded in the fields of buildings, interiors, and images. Here, we will take up an example of images.
Before the revision, the design of images related to the function of an article and also recorded & displayed on the article have been regarded as shapes or patterns etc. of (a part of) the article and protected by the Design Act.

For example, a graphic image on the screen for operating a digital camera or a graphic image on the screen of an application installed on a smartphone has been protected by the Design Act.
It is because a graphic image for operating a digital camera is recorded and displayed in an article called a digital camera, and the graphic image can be recognized as a shape of an article. Similarly, a graphic image of an application installed on a smartphone is recorded and displayed in an article called a smartphone, and the graphic image can be recognized as a shape of an article.

However, for example, graphic images used in cloud-based services that provide reservation for transportation or restaurant were not recognized as shape or pattern of an article, and therefore, were not subject matters of the Design protection because the images are transmitted through a network by each user.
Also, though a graphic image on the screen which shows an operation of an article was a subject matter of the Design protection, a graphic image on the screen which shows a state of an operation carried out in order to enable an article to perform its function was not a subject matter of the Design protection, for example, a graphic image on the screen which shows a state of sending an email from a mobile phone. Furthermore, a graphic image projected on a place other than the article was not recognized as the shape or pattern of the article, and was not a subject matter of the Design protection, such as a graphic image projected on a wall or a human body,

In the present revision of the Design Act, the subject matter of the Design protection has been expanded to the following range.
① Graphic images used for operating an article
② Graphic images displayed as a sequel to an article performing its function (for example, an operation image while sending an email from a mobile phone)
In short, the GUI (Graphic User Interface) is now a subject matter of the new Design Act. Since the digital image (GUI) itself can be protected regardless of whether it is recorded or displayed or not on an article, the range of designs that may be protected by new design rights has significantly expanded.

Tsubame Patent Attorney Firm (The Asia Patent Alliance) has abundant experience and achievement in design application and registration procedures from overseas not only in Japan but also in China and South Korea. Using our knowledge, expertise, and international network in Asian countries, we will sincerely and effectively support your application till you achieve the goal.
When you are considering the design registration accompanying this revision, we are the right choice. Please feel free to contact us.