[A must-see for architecture and interior designers] Protect your precious design! Basic knowledge of design registration and application method

Designers who work on interior design and space design for buildings and stores. What if the important design you created is imitated without your knowledge? Before that happens, did you know that there is a way to firmly protect your design as a "right"?

This time, we will provide an easy-to-understand explanation of "design registration" to protect the design of buildings and interiors, from its basics to how to apply and how to draw drawings, based on official information from the Japan Patent Office and from a patent attorney's perspective.

What is design registration? Why do we need to protect architecture and interior design?

Design takes a lot of effort and time to create. Despite this, designers' efforts will not be rewarded if the designs they have worked so hard to create are easily imitated. In addition, the incentive to create new designs is lost, and the development of the industry as a whole is hindered.

From this background, the "Design Law" was established with the purpose of legally protecting created designs and encouraging the creation of new designs. The Design Act has existed for a long time as a law that protects the shape, pattern, color, etc. of objects, but due to the revision of the law in 2019, from April 1, 2020, the design of buildings and interiors has become newly subject to protection.

In addition to designs that are physically continuous, for example, even if they are physically separated, ``if all the components are considered to be integrated to fulfill a specific purpose and function according to conventional wisdom,'' or ``designs that can be implemented in a unified manner according to conventional wisdom, such as a school building built on the same site'' are treated as ``one design.'' In the case of interior design, even if the space is physically separated, it is treated as one design even if it is visually recognized as one space, such as by transparent walls. For example, this could be a conference room separated by transparent partitions in an office, or a performer's space separated by transparent walls in a store.

“Requirements” for receiving design registration

Not just any design can be registered. In order to receive a design registration, several important requirements must be met.

1. The design must be industrially usable: The design must be capable of being produced repeatedly.
2. Novelty: The applied design must not be a design or similar design that was publicly known, openly practiced, or made available to the public through distributed publications or telecommunications lines prior to the filing of the application, that is, it is a "new design."
3. Difficulty in creation: The design must be ``not something that would be easily thought of'' by an expert in the field based on designs that existed before the application. This is because if a design that is easily thought of is registered, it may hinder the development of the industry. For example, a design that is simply a combination of existing design elements (a collection) or a change in their arrangement may be judged to be easy to create.
4. First application: If multiple people file applications on the same day for the exact same or similar design, the person who will receive registration will be determined through consultation. However,if applications are filed on different dates, rights are generally given to the person who filed first. This is why it is very important tofile as soon as possible once you have created your design.

All of these requirements must be met.

What are the benefits of obtaining a design right?

Obtaining a design right provides the following benefits.

• Obtaining exclusive rights: A design right holder can have a "monopoly" over the implementation (manufacture, sale, use, etc.) of the registered design and similar designs in Japan. This will prevent third parties from copying your designs or selling counterfeit products without your permission.
• Countermeasures against counterfeit products: You can seek an injunction and claim damages against those who infringe on your design rights. You will be able to prevent your precious designs from being used without permission and take legal action against them.
• License income: License fees can be earned by licensing design rights to third parties.
• Improving brand power: By highlighting the fact that your design is registered, you can demonstrate your company's technological and design capabilities to customers, leading to an improvement in your brand image.

Basic flow of design registration application

A design registration application generally proceeds as follows.

1. Prior design search: We investigate whether the design for which a design application is being considered is the same or similar to an already registered design or a publicly known design. The search will mainly be conducted using the Patent Office's database, but other materials will also be searched on the examiner's own authority if necessary.
2. Preparation and submission of application documents: Prepare the documents necessary for a design registration application (application, description of the article related to the design, drawings, etc.) and submit them to the Patent Office. At this time, it is especially important to create "drawings" to accurately convey the design.
3. Examination at the Patent Office: Based on the submitted documents, an examiner at the Patent Office examines whether the above-mentioned registration requirements (novelty, ease of creation, first application, etc.) are met.
4. Response to notification of reasons for refusal: If a reason for not being able to register (reason for refusal) is found as a result of the examination, you will receive a notification from the Japan Patent Office. In response to this, you can submit a written opinion or procedural amendment to make a counterargument or correction.
5. Registration Decision/Registration: Once the examination is cleared, a registration decision will be issued, and upon payment of the establishment registration fee, the design right will be established and registered, and a design gazette will be published. The contents of registered designs are published in the Design Gazette and, in principle, are made publicly available.

How to draw "drawings" for architectural and interior design: This is important!

Drawings are one of the most important elements in accurately conveying the design in a design registration application. Especially when it comes to buildings and interiors, there are specific rules for how to express them.

• Drawing Basics:

  • Drawings for design registration applications should represent only the ``design itself'' for which design registration is sought as it is.
  • Please note that dimensions, drawing symbols, finishes, etc. that are written in general architectural drawings and interior drawings cannot be written in principle.
  • The maximum drawing size is 150mm in width and 113mm in height.
  • The order in which the drawings are listed is free, but it is preferable that the scale of each drawing be the same. For example, if the front and back views are significantly different in size, it may become difficult to tell what shape the design is.

• Required drawings:

  • In order to accurately represent the design, six-sided views (front view, rear view, top view, bottom view, left side view, and right side view) are generally created.
  • If there are parts that cannot be expressed using the six-sided diagram alone (for example, hidden parts or internal structures), add section views, enlarged views, broken lines, etc. to represent them.
  • If a part of the design is omitted (e.g., a cross-sectional view with structural materials omitted), or if parts that are not the subject of interest are drawn with broken lines, please state this in the explanation.

• Using perspective drawings and photographs:

  • By combining perspective views (perspective views) in addition to six-sided views, cross-sectional views, and enlarged views, you can express the entire design more clearly.
  • It is also acceptable to submit photos in place of drawings.

• Role of reference diagram:

  • "Reference" is different from a drawing that represents the design itself, and is a supplementary drawing used to explain the function, usage, usage status, etc. of the design
  • In the reference diagram, you can freely write arrow lines, characters, symbols, backgrounds representing usage scenes, etc. to explain the content of the design.
  • For example, you can show what function each part has, or In the case of a design with transparent parts, if it is difficult to understand just from the written explanation in the application, you can use reference drawings to supplement the explanation of the transparent parts. In examinations by the Japan Patent Office, the terms "transparent" and "transparent structure" are used differently, and "transparent" refers to a state where the transmittance is high and the other side can be seen through.

• Dynamic and changing design expression:

  • If the design changes, such as a building with an opening/closing roof, submit drawings of both the state before and after the change. If necessary, we may also add drawings of intermediate stages of change.
  • In cases where the design changes depending on usage conditions, such as interior lighting in a store that changes depending on the congestion situation, we also use drawings before and after the changes.

• Recommended "partial design" (if you want to protect only a part)

  • If you wish to register only a specific "portion" of the design, rather than the entire building or interior space, you can file an application as a "partial design."
  • When filing an application as a partial design, draw the part you want to register as a "solid line" and draw the other parts as "broken lines" to distinguish them.
  • Also, there is a way to specify by coloring the part other than the part for which you want to receive design registration, but Be careful as if you paint the part for which you want to register the design itself, it will become unclear whether that color is included in the design. If you want to differentiate, please color the parts other than the part for which you want to receive design registration.
  • When filing an application as a partial design, it is mandatory to describe in the application or in the design description column the method of identifying the part for which the design is to be registered (such as the use of solid/broken lines or colors).

Special application system you need to know

There are several special filing systems available in connection with architectural and interior design.

• Related design system: When multiple variations (similar designs) are created from one design concept, they can be filed and registered together as "related designs" to the first design (main design). This allows you to protect not only the original design but also variations of the design.
• Secret design system: As a general rule, once a design is registered, it will be published in the Design Gazette, but if you wish to keep the design secret for a certain period of time, such as before a press release, you can delay publication of drawings, etc. for up to three years by requesting it as a secret design at the time of filing. However, an additional fee will be charged for making it a secret design.
• Design system for assemblies: Originally, only one design can be included in one application, butit is possible to apply for and register two or more articles that are used at the same time (e.g. furniture, lighting equipment, etc. sold as a set) together as a "single design". In the case of buildings and interiors, it may be applicable to the design of specific set items that make up the space.

Summary: Protecting important designs and strengthening competitiveness

The design of buildings and interiors is the fruit of designers' creativity and efforts. By utilizing the design registration system, you can protect these important designs from imitation, continue your creative activities with peace of mind, and increase the competitiveness of your business.

Specially, design registration for buildings and interior designs is a relatively new system, and there are many situations where specialized knowledge, such as how to express drawings, is required. Preparing accurate drawings and setting the appropriate scope of rights will greatly affect the success or failure of acquiring design rights and the strength of the acquired rights.

If you have any questions about whether your design can be registered as a design or how to most effectively protect your design, please consult an expert patent attorney. We will protect the rights to your designs and support you so that you can contribute to the development of your business.

We hope that this blog article will help architects and interior designers deepen their understanding of design registration and protect their precious designs.

AUTHOR

Takefumi SUGIURA （杉浦 健文）

EVORIX Intellectual Property Law Firm　Managing Patent Attorney

Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).

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