13. in the case of a design including a graphic image on a ... · a graphic image based on signals...

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13. In the Case of a Design Including a Graphic Image on a Screen

A graphic image on a screen (Note 1) only becomes visible as the appearance of an article by passage of electric current, and sometimes it could be used in another article. Therefore, unlike in the case of representing a pattern on the appearance of an article, a graphic image on a screen that becomes visible by passage of electric current is found to constitute a design only if it satisfies certain requirements. Treatment of such graphic image on a screen is largely divided based on the following two types of graphic images displayed, according to their contents: a graphic image on a screen for display that constitutes a design as provided in Article 2 (1) of the Design Act; and a graphic image on a screen for operation as provided in Article 2 (2) of the Design Act. (Note 1) Here, a “graphic image on a screen” does not refer to the individual figures, etc. that are displayed, but the entire

screen part on which various figures, etc. are displayed.

13.1 Graphic image on a screen that constitutes a design (1) Graphic image on a screen for display that constitutes a design as

provided in Article 2 (1) of the Design Act In order for the graphic image displayed on the display part of the article to be found to

be the shape, patterns or colors, or any combination thereof, of a part of an article provided in Article 2 (1) of the Design Act, it must comply with all of the following requirements. (74.4.1.1.1.1 of the Examination Guidelines for Design)

(i) The article to the design of the design including the graphic image on a screen is found to be an article subject to the Design Act (See Part II “Requirements for Design

Registration,” Chapter I “Industrially Applicable Design,” 21.1.1.1 “The subject matter is found to be an article”

of the Examination Guidelines for Design)

(ii) The graphic image displayed on the display part of the article is a graphic image for making necessary indications for performing the functions of the article

(iii) The graphic image displayed on the display part of the article is a graphic image recorded in the article

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(2) Graphic image on a screen for operation that constitutes a design as provided in Article 2 (2) of the Design Act

In order for a graphic image on a screen included in a design to constitute a graphic image as provided in Article 2(2) of the Design Act, it must comply with all of the following requirements. (74.4.1.1.1.2 of the Examination Guidelines for Design)

(i) The article to the design of the design including a graphic image on a screen is found to be an article subject to the Design Act. (See Part II “Requirements for Design

Registration,” Chapter I “Industrially Applicable Design,” 21.1.1.1 “The subject matter is found to be an article”

of the Examination Guidelines for Design)

(ii) The graphic image on a screen is provided for use in the operation of the article in order to enable the article to perform its functions.

(iii) The graphic image is displayed on the article itself or another article that is used with the article in an integrated manner.

(iv) The graphic image on a screen has been recorded in the article.

(3) Handling relating to a computer

(i) Handling of a computer A computer is used by installing various types of software according to the

purpose of use. A graphic image on a screen that is displayed as a result of installing software created and sold independent from the article (including a graphic image preinstalled on the computer) is not found to be a graphic image on a screen for display that constitutes a design as provided in Article 2(1) of the Design Act, and is not found to be a graphic image on a screen for operation that constitutes a design as provided in Article 2(2) of the Design Act, so it does not constitute a design.

However, a graphic image of a BIOS (Basic Input/Output System) relating to the information processing function of a computer or a graphic image relating to the adjustment of functions of a computer as hardware (e.g. a graphic image of adjustment of screen brightness on a screen-integrated computer) is categorized as a shape, patterns or colors, or any combination thereof, of a part of an article as provided in Article 2(1) of the Design Act or a graphic image on a screen as

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provided in Article 2(2) of the Design Act. (74.4.1.1.1.3.1 of the Examination Guidelines for

Design)

(ii) Handling of a computer with additional function

On the other hand, a new article constituted by installing software on a computer, without requiring any hardware other than the computer’s general hardware, is regarded as a computer with additional function. Since a computer with additional function is an article that has not only the information processing function but also a specific added function, in the case where a graphic image on a screen is one for making necessary indications for performing the functions of the article, the graphic image on a screen is categorized as a graphic image on a screen that constitutes a design as provided in Article 2(1) of the Design Act or a graphic image on a screen as provided in Article 2(2) of the Design Act, and in the case where a graphic image on a screen is provided for use in the operation in order to enable the article to perform the additional function, it is categorized as a graphic image on a screen for operation that constitutes a design as provided in Article 2(2) of the Design Act, so it is found to be a graphic image on a screen that constitutes a design. (74.4.1.1.1.3.2 of the Examination Guidelines for Design)

13.2 Graphic image on a screen that is not categorized as a graphic image that constitutes a design

The following graphic image on a screen is not found to be a graphic image on a screen for display that constitutes a design as provided in Article 2(1) of the Design Act, and is not found to be a graphic image on a screen for operation that constitutes a design as provided in Article 2(2) of the Design Act, so it does not constitute a design. (74.4.1.1.2 of the Examination

Guidelines for Design)

(i) A graphic image on a screen solely intended for decorative expression A graphic image on a screen solely intended for decorative expression is not

found to be a graphic image for making necessary indications for performing the functions of the article, and is not found to be a graphic image provided for use in the operation in order to enable the article to perform its functions, so it does not constitute a design.

(ii) A graphic image displaying a movie, etc. (so-called “content”) Subject matter displaying a graphic image based on signals sent from outside

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of the article, such as a graphic image of a television program or a graphic image from the Internet and subject matter displaying a graphic image recorded on a recording medium connected to or inserted in the article are not graphical images recorded in the article, so they do not constitute a design. Where content (or an image suspected of being content) independent from the article, such as a scene from a movie or a graphic image on a screen of a game, is displayed in the graphic image on a screen included in a design, the content is independent from the article to the design, so the content part should be treated as not constituting a design. A notice of the reason for refusal under the main paragraph of Article 3(1) is given with regard to the design including the content independent from the article, but an amendment to delete the content and to indicate that said part is a content display part by using reference views for explanation, etc. is treated as not changing the gist of the design.

(iii) A graphic image displayed on a general purpose display device Subject matter displaying a graphic image on a general purpose display device

based on signals sent from outside of the article, such as subject matter displaying a graphic image based on signals sent from another article that is used with the article in an integrated manner or subject matter displaying a graphic image recorded on a recording medium connected to the article, is not a graphic image that has been recorded in the article, which is a display device, so it does not constitute a design.

(iv) A graphic image recorded on a recording medium Since a recording medium does not have a display part or an operation

mechanism, a graphic image recorded on a recording medium does not constitute a design.

(v) A graphic image displayed by a game machine A graphic image of a game that is displayed as a result of installing game

software created and sold independent from the article (including a graphic image preinstalled on the game machine) and a graphic image of a game that is displayed as a result of inserting a recording medium on which the game is recorded do not constitute a design, since each graphic image is content independent from the article.

However, a graphic image on a screen for making necessary indications for

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performing the functions of the main body of the game machine or a graphic image on a screen for setting up the main body of a game machine, not resulting from game software, which has been recorded in the article, such as an indication of the remaining battery power, is found to be a graphic image on a screen that constitutes a design.

13.3 Graphic image on a screen for display that constitutes a design as provided in Article 2(1) of the Design Act

A graphic image displayed on the display part of the article is found to constitute a design if it complies with three requirements (a. the article to the design of the design including the graphic image on a screen is found to be an article subject to the Design Act; b. the graphic image displayed on the display part of the article is a graphic image for making necessary indications for performing the functions of the article; and c. the graphic image displayed on the display part of the article is a graphic image recorded in the article). (See 74.4.1.1.1.1 of the

Examination Guidelines for Design)

A graphic image displayed on the display part of the article only becomes visible by passage of electric current. Moreover, by using the dot matrix method as the display method, it is possible to freely display various graphic images or figures, etc., and it is also possible to display information conveyed from outside the article. Accordingly, such graphic image is unique as an element constituting the appearance of an article. Because of this, in order for the graphic image to constitute a design as provided in Article 2(1) of the Design Act, it needs to be inherent to the article, and therefore the displayed graphic image is limited to one that complies with all of the requirements.

(1) Statement in the application

(i) Column of [Article to the Design] a) A classification of the entire article that has a graphic image on a screen must

be stated. (With regard to the specific method of stating a classification of articles, see Part I, 1.1

The column of [Article to the Design])

b) Also, in an application for a partial design in which only the graphic image part is specified as the part for which the design registration is requested, as in the case of other partial designs, a classification of the entire article that includes those partial designs must be stated.

c) In the case of an article that has multiple uses or functions, “xx with yy” or an

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expression that simply indicates a combination of multiple uses or functions must be stated, as shown in the basics of how to represent the design in the application.

However, in the case where the combined usage or function is ordinary for the article, such as the email function or the camera function of a mobile phone, there is no need to add “with yy.”

d) When filing an application for design registration for a design including a graphic image on a screen of a computer with additional function, “Computer with xx function” must be stated in the column of “Article to the Design” of the application. In this case, “xx function” shall be related and achieved by its addition to the computer and it shall be one function equivalent to a function of the article indicated by a classification of articles specified by Ordinance of the Ministry of Economy, Trade and Industry or a classification of articles based on an equivalent level of classification.

Appropriate examples of statements in the column of “Article to the Design” in the case of a computer with additional function (a) In the case where a computer has a function equivalent to a “route guidance

machine” due to its additional function: “Computer with the route guidance machine function”

(b) In the case where a computer has a function equivalent to a “telephone” due to its additional function: “Computer with the phone-call function”

(c) In the cases where a computer has a function equivalent to a “digital camera” due to its additional function: “Computer with the camera function”

(d) In the case where a computer has a function equivalent to a “pedometer” due to its additional function: “Computer with the pedometer function”

(e) In the case where a computer has a function of a “multi-media player due to its additional function,” “Computer with the multi-media playing function”

(f) In the case where a computer has a function of a “numerically-controlled device for machine tool” due to its additional function, “Computer with the function of numerically-controlled device for machine tool”

(g) In the case where a computer has multiple additional functions simultaneously (see abovementioned examples (a) to (f)) which are of an equivalent level of classification of articles and where filing an application for design registration for a menu screen for selecting and deciding a specific function therefrom to execute it, “Computer with the home menu function”

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must be stated in the column.

Inappropriate examples of statements in the column of “Article to the Design” in the case of a computer with additional function (74.7.1.1 of the Examination Guidelines for

Design)

(a) The statement describes a comprehensive function as its additional function (e.g. “Computer with the data processing function”)

(b) The statement describes an abstract function as its additional function (e.g. “Computer with the decision-making function,” “Computer with the selection function”)

(c) The statement does not represent one specific additional function (e.g. “Computer with the mobile information terminal function,” “Computer with the information processing function”)

(ii) Column of [Description of Article to the Design] The purpose, etc. of the graphic image displayed on the display part must be

stated. In particular, consideration must be given to the following points due to the abovementioned requirements for treating a graphic image as a constituent element of the design. a) With regard to figures that indicate various states, such as measurement

results, (e.g., a thermometer or a graphic equalizer), what kind of state each figure indicates must be stated.

b) Also, with regard to figures that indicate various states for an article that has various display functions (e.g., indication of a level gauge such as an indication of the remaining battery power), what each figure indicates must be stated.

c) With regard to an article that has multiple functions for which it cannot be directly derived from the article which of the functions the graphic image on a screen is necessary for, it is necessary to add a description to that effect.

d) Also, with regard to a graphic image for making necessary indications for performing an incidental function that is closely related to the main function of an article (e.g., a level indication of a digital camera for confirming that the level is horizontal when photographing, besides the photographic function of the digital camera), what kind of function it indicates must be stated, in order to show that it is a graphic image for making necessary indications for performing the function of the article.

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However, when it is clear what kind of graphic image it is solely from the statement in drawings, such description is unnecessary.

(iii) Column of [Description of the Design]

In the case of a partial design, in addition to the contents that need to be stated in the case of a whole design, contents including the way of specifying “the part for which the design registration is requested” and the fact that views that only indicate “any other parts” other than “the part for which the design registration is requested” have been omitted must be stated.

With regard to a graphic image on a screen that changes, where the changing order or the changing mode is unclear from the statement in the drawing alone, an explanation to specify these matters should be stated.

(2) Statement in drawings

(i) Figures, etc. displayed on the display part of an article for displaying various states, such as measurement results (e.g., a clock and a thermometer), must be indicated by using “a set of six views,” etc.

(ii) In the case of a partial design where the part for which the design registration is

requested is the entire display part, it is necessary, in principle, to depict the form of the entire article so as to specify the position, size and scope of the display part in the entire article. Meanwhile, the parts which are not the part for which the design registration is requested need to be indicated specifically enough for understanding what the article is. (See Part II, 2. The Statement in Drawings)

(iii) In the case of a partial design where the part for which the design registration is

requested is only a figure part that constitutes a part of a graphic image on a screen, and where other figures also appear in the other parts of the graphic image, it is necessary to state a form specific enough for understanding the purpose of the graphic image display part including the other figures.

(iv) In the case of a design including plural graphic images on a screen that change

where the subject matter in the state of including such plural graphic images is to be found to be one design, it is necessary to represent the graphic images before

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and after the change. (The subject matter is not found to be one design unless the graphic images are those for the same function of the article, and the modes of the graphic images before and after the change have relevance in form.) (See 13.5

Where the Graphic Image on a Screen Changes) <Fig. 3.13-1> Example of views representing figures, etc. by using “a set of six views” (whole design)

<Fig. 3.13-2> Example of views representing figures, etc. by using “a set of six views” (whole design)

[Front view] [Right side view]

[Article to the Design] Table clock

* For the convenience of explanation, some of the matters to be stated in the application and any other views are omitted.

[Article to the Design] Wrist watch body

[Front view]


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<Fig. 3.13-3> Example of a case where all of the displayed contents can be understood by depicting one mode (whole design)

<Fig. 3.13-4> Example of a case where all modes can be understood by depicting figures for the state of the maximum value (whole design)

[Article to the Design] Weather forecast display device (Note) In this case, all modes of the displayed

contents of the figures that appear on the display part can be understood by depicting this one mode. Specifically, it can be understood that five kinds of figures indicating the weather conditions appear on the display part and that each figure is displayed at a fixed position, such as the figure for sunny weather being displayed in the highest row. In this manner, when all of the displayed contents can be understood by depicting one mode, it is sufficient to depict only one mode of figures, etc.

[Front view]



[Article to the Design] Automobile engine tachometer


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<Fig. 3.13-5> Example of a graphic image representing the status of progress, etc. (whole design)

<Fig. 3.13-6> Example of a graphic image displayed on an article that has multiple functions (partial design)

[Article to the Design] Mobile phone [Description of Article to the Design]

This article is a mobile phone with an azimuth measurement function. The figure displayed on the display part in the front view indicates the measured azimuth, and the compass rotates according to the measured azimuth.

[Front view]

(Note) In the case of an article that has multiple functions, a description as to which of the functions the graphic image on a screen is necessary for must be stated.


[Article to the Design] Ticket vending machine [Description of Article to the Design]

The graphic image displayed on the display part indicates the purchase details and the fact that the ticket is in the process of being issued, until the ticket is issued. The five triangle arrows in the lower part light up one by one to indicate the status of progress.

[Enlarged view of the display part]

Tokyo

Nagoya

Business EXP departing at 10:30

Issuing ticket Please wait momentarily


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<Fig. 3.13-7> Example of a graphic image necessary for performing an incidental function (partial design)

<Fig. 3.13-8> Example of a graphic image necessary for performing an incidental function (whole design)

[Article to the Design] Elevator indicator [Description of Article to the Design]

The graphic image displayed on the display part in the front view is used for informing a user that the user has selected a floor level at which the elevator does not stop.

(Note) In the case of a graphic image on a screen for display that appears in response to a user’s arbitrary operation, etc., a description to that effect must be stated.

[Front view]


[Article to the Design] Digital camera [Description of Article to the Design]

The article is a digital camera with a level function that senses the tilt of the camera. The figure displayed on the display part in the front view is the level indication for confirming that the level is horizontal when taking pictures.

(Note) With regard to a graphic image for making necessary indications for performing an incidental function that is closely related to the main function of an article, what kind of function it indicates must be described.


[Front view]

This elevator does not stop at that floor.

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<Fig. 3.13-9> Example of a graphic image of a computer with additional function (partial design)

<Fig. 3.13-10> Example of a graphic image of a computer with additional function (partial design)

[Article to the Design] Computer with a pedometer function [Description of Article to the Design]

The graphic image displayed on the display part in the front view is a graphic image that indicates the pedometer measurement data.


[Front view]

[Article to the Design] Computer with an azimuth measurement function [Description of Article to the Design]

The graphic image displayed on the display part in the front view is a graphic image that indicates azimuth measurement data.

[Front view]


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13.4 Graphic image on a screen for operation that constitutes a design as provided in Article 2(2) of the Design Act

A graphic image on a screen used in the operation of an article is found to be a form of a part of an article pursuant to Article 2(2) of the Design Act if it complies with four requirements (a. the article to the design of the design including the graphic image on a screen is found to be an article subject to the Design Act; b. the graphic image on a screen is provided for use in the operation of the article in order to enable the article to perform its functions; c. the graphic image is displayed on the article itself or another article that is used with the article in an integrated manner; and d. the graphic image on a screen has been recorded in the article). (See 74.4.1.1.1.2 of the Examination Guidelines for Design)

These requirements apply not to the individual figures displayed on the display part, but to the graphic image on a screen displayed on the entire screen of the display part.


(i) Column of [Article to the Design] a) A classification of articles for the entire article that has a graphic image on a

screen must be stated. Specifically, the classification must be stated according to the contents shown in the basics of how to represent the design in the application.

b) Also, in an application for a partial design in which only the graphic image part is specified as the part for which the design registration is requested, as in the case of other partial designs, a classification of articles for the entire article that includes those partial designs must be stated. Such statement as “A graphic image for xx” is not permissible because it does not indicate an article.

c) In the case of an article that has multiple uses or functions, “xx with yy” or an expression that simply indicates a combination of multiple uses or functions must be stated, as shown in the basics of how to represent the design in the application.

However, in the case where the combined usage or function is ordinary for the article, such as the email function or the camera function of a mobile phone, there is no need to add “with yy.”

d) Also, in the case of a graphic image on a screen displayed on another article that is used with the article in an integrated manner, the applicable classification of articles is that of the article which has the graphic image. For example, in

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the case of a video disc player which displays a graphic image on a screen for operation on a television receiver, “video disc player” must be stated in the column of [Article to the Design].

e) When filing an application for design registration for a design including a graphic image on a screen of a computer with additional function, “Computer with xx function” must be stated in the column of “Article to the Design” of the application. In this case, “xx function” shall be related and achieved by its addition to the computer and it shall be one function equivalent to a function of the article indicated by a classification of articles specified by Ordinance of the Ministry of Economy, Trade and Industry or a classification of articles based on an equivalent level of classification.

Appropriate examples of statements in the column of “Article to the Design” in the case of a computer with additional function (a) In the case where a computer has a function equivalent to a “route guidance

machine” due to its additional function: “Computer with the route guidance machine function”

(b) In the case where a computer has a function equivalent to a “telephone” due to its additional function: “Computer with the phone-call function”

(c) In the cases where a computer has a function equivalent to a “digital camera” due to its additional function: “Computer with the camera function”

(d) In the case where a computer has a function equivalent to a “pedometer” due to its additional function: “Computer with the pedometer function”

(e) In the case where a computer has a function of a “multi-media player due to its additional function,” “Computer with the multi-media playing function”

(f) In the case where a computer has a function of a “numerically-controlled device for machine tool” due to its additional function, “Computer with the function of numerically-controlled device for machine tool”

(g) In the case where a computer has multiple additional functions simultaneously (see abovementioned examples (a) to (f)) which are of an equivalent level of classification of articles and where filing an application for design registration for a menu screen for selecting and deciding a specific function therefrom to execute it, “Computer with the home menu function” must be stated in the column.

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Inappropriate examples of statements in the column of “Article to the Design” in the case of a computer with additional function (74.7.1.1 of the Examination Guidelines for

Design)

(a) The statement describes a comprehensive function as its additional function (e.g. “Computer with the data processing function”)

(b) The statement describes an abstract function as its additional function (e.g. “Computer with the decision-making function,” “Computer with the selection function”)

(c) The statement does not represent one specific additional function (e.g. “Computer with the mobile information terminal function,” “Computer with the information processing function”)

(ii) Column of [Description of Article to the Design] a) An explanation on the operation for enabling the performance of what kind of

function of the article the graphic image on a screen is used for and on the operation method must be stated in the column of [Description of Article to the Design] (Form No. 2 Note (40) of the Ordinance for Enforcement of the Design Act).

The description may be omitted if the function and the operation method are indicated by [Reference View for Explaining the Operating Part] or the like.

b) In the case of an article that has multiple uses or functions where it is not ordinary for the article to have the uses or functions performed through the operation on the graphic image on a screen as represented in the drawings, the fact that it is an article that has the uses or functions performed through the operation on the graphic image on a screen as represented in the drawings must be stated.

c) Display equipment that is used with the article in an integrated manner Where an application for design registration is filed for a graphic image

displayed on another article that is used with the article in an integrated manner, as provided in Article 2(2) of the Design Act, an explanation to the effect that “the graphic image on a screen represented in the graphic image view is displayed on display equipment that is used with the article in an integrated manner” must be stated in the column of “Description of Article to the Design.” (A more specific name of article (e.g. a television monitor, data indicator or projector screen) can be stated as “display equipment” in accordance with the filed design.) (74.2.1 Matters to be stated in the application of an application for design registration

including a graphic image on a screen (4) Statement in the column of “Description of Article to the

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Design” (iii) of the Examination Guidelines for Design)

Example of statement in the column of [Description of Article to the Design] (in the case of a “video disc recorder”)

(iii) Column of [Description of the Design] In the case of a partial design, in addition to the contents that need to be stated

in the case of a whole design, contents including the way of specifying “the part

for which the design registration is requested” and the fact that views that only indicate “any other parts” other than “the part for which the design registration is requested” have been omitted must be stated.

With regard to a graphic image on a screen that changes, where the changing order or the changing mode is unclear from the statement in the drawing alone, an explanation to specify these matters should be stated.


i. In the case where a graphic image is displayed on the display part of an article itself

(i) “A set of six views” representing the form of the entire article in the state of displaying the graphic image on a screen must be stated. It is not permissible to state only views representing the graphic image on a screen.

When the display part is small and the graphic image on a screen cannot be disclosed sufficiently, an enlarged view of the graphic image part should be added. In that case, the indication of the view should be [Enlarged View of YY]. It is erroneous to indicate such view as [Graphic Image View]. ([Graphic Image View] refers to a view representing the graphic image displayed on the display part of another article that is used with the article in an integrated manner. (Form No. 6 Note

(11) of the Ordinance for Enforcement of the Design Act)

[Description of Article to the Design] This article is a video disc recorder which has a television tuner and is capable of recording and playing television programs it receives. The graphic image represented in the graphic image view is displayed on display equipment that is used with the article in an integrated manner. The graphic image is one used for the operation for enabling the article to perform its recording function. It is displayed when a user makes a recording reservation for a television program, and allows the user to select and decide the program to be recorded from the program names indicated in multiple horizontally long display columns arranged in the center of the screen, by using the operation buttons arranged on the right side.

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(ii) Also, with regard to a partial design where the part for which the design registration

is requested is all or part of the graphic image part, it is necessary to state “a set of six views” representing the form of the entire article, in principle. (See Part II, 2.

Statement in drawings)

(iii) In the case of a partial design where the part for which the design registration is


(iv) In the case of a design including plural graphic images on a screen that change

where the subject matter in the state of including such plural graphic images is to be found to be one design, it is necessary to represent the graphic images before and after the change. (The subject matter is not found to be one design unless the graphic images are those for the same function of the article, and the modes of the graphic images before and after the change have relevance in form.) (See 13.5

Where the Graphic Image on a Screen Changes)

<Fig. 3.13-11> Example of statement in drawings representing a graphic image on a screen (whole design)

[Article to the Design] Mobile phone

[Front view] [Rear view] [Right side

view] [Left side

view] [Top view]

[Bottom view]

[Reference view for explaining the operating part]

Sound volume display part

“Sound control” button

“Back” button

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<Fig. 3.13-12> Example of views where the part for which the design registration is requested is the display part displaying a graphic image on a screen (partial design)

[Article to the Design] Portable music player with camera [Description of Article to the Design]

The graphic image displayed on the display part in the front view is used for the operation to enable the portable music player with camera to perform the camera function, where the user selects an icon and sets the shooting mode.

[Description of the Design] The part depicted by solid lines is the part for which the design registration is requested as a partial design. The part enclosed by the solid lines is the display part. The left side view is symmetrical to the right side view and the top view is symmetrical to the bottom view, so they are omitted.


[Bottom view]

[Rear view]

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<Fig. 3.13-13> Example of a graphic image on a screen of a computer with additional function (partial design)

<Fig. 3.13-14> Example of a graphic image on a screen of a computer with additional function (partial design)

[Article to the Design] Computer with a function of creating postcards [Description of Article to the Design]

The graphic image displayed on the display part in the front view is used for the operation to enable the computer with a function of creating postcards to perform the function of creating postcards, where a user selects a name from the address book and the image to be printed is displayed.

[Description of the Design] The part other than the part depicted by broken lines is the part for which the design registration is requested as a partial design. The part enclosed by the solid lines is the display part.

[Front view]


[Article to the Design] Computer with a machining center control function [Description of Article to the Design]

The graphic image displayed on the display part in the front view is used for the operation to enable the computer with a machining center control function to perform the machining center control function, where the user sets the details of the cutting work.

[Description of the Design] The part other than the part depicted by broken lines is the part for which the design registration is requested as a partial design. The part enclosed by the solid lines is the display part.

[Front view]

Work setting


Select work type

Start processing Switch

display Drawing

Video

Back Settings Adjust dimensions Select position Select type

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ii. In the case where a graphic image on a screen is displayed on another display equipment, etc. that is used with the article to the design in an integrated manner

(i) “A set of six views” representing the form of the entire article to the design and a view representing the graphic image displayed on the other display equipment, etc. must be stated.

With regard to an application for a partial design where the part for which the design registration is requested is the graphic image part alone, “a set of six views” may be omitted. (See Part II, 2. (8) (ii))

(ii) The indication of the view representing the graphic image on a screen should be

[Graphic Image View]. (Form No. 6 Notes (11) and (21) of the Ordinance for Enforcement of the

Design Act)

(iii) The outline of [Graphic Image View] should be the peripheral line of the display

part of the display equipment, etc. that is used with the article in an integrated manner. Even when the figure, etc. is displayed in one part of the display part (screen), the outline of the [Graphic Image View] should be the peripheral line of the entire display part.

With regard to a partial design requesting design registration for a figure, etc. that constitutes one part of a graphic image on a screen displayed on other display equipment, etc., it is necessary to draw the outline of the display part (screen) represented in the [Graphic Image View] by broken lines, etc.

(iv) In the case of a partial design where the part for which the design registration is


(v) In the case of a design including plural graphic images on a screen that change

where the subject matter in the state of including such plural graphic images is to be found to be one design, it is necessary to represent the graphic images before and after the change. (The subject matter is not found to be one design unless the graphic images are those for the same function of the article, and the modes of the graphic images before and after the change have relevance in form.) (See 13.5

Where the Graphic Image on a Screen Changes)

166

<Fig. 3.13-15> Example of drawings in the case where a graphic image on a screen is displayed on other display equipment (whole design)

[Article to the Design] Magnetic disc recorder with a tuner [Description of Article to the Design]

This article is a magnetic disc recorder which has a television tuner capable of receiving high-definition television broadcasting and is capable of recording and playing television programs it receives. The graphic image represented in the graphic image view is displayed on display equipment that is used with the article in an integrated manner. The graphic image is one used for the operation for enabling the article to perform its recording function. It is displayed when a user makes a recording reservation for a television program, and allows the user to select and decide the program to be recorded from the program names indicated in multiple horizontally long display columns arranged in the center of the screen, by using the operation buttons arranged on the right side.

(Note) In the case where a graphic image is displayed on other display equipment that is used with the article to the design in an integrated manner, the fact that the article used in an integrated manner is display equipment must be described.

[Graphic image view]


“Decide” button

“Cancel” button

“Back” button “Detailed settings” button

“Date setting” button

“Menu” button

Title display columns

“Select” button

[Top view]

[Front view]

[Bottom view]

[Rear view]

[Right side view]

167

<Fig. 3.13-16> Example of drawings in the case where a graphic image on a screen is displayed on other display equipment (partial design requesting design registration for the graphic image part)

[Top view]

[Front view]

[Rear view]

[Right side view]

(Note) A view indicated as [Graphic Image View] only refers to a view representing the graphic image displayed on other display equipment that is used with the article in an integrated manner. It is erroneous to indicate an enlarged view, etc. of a part of a graphic image that is displayed on the display part of the article to the design itself as [Graphic Image View].


[Article to the Design] Magnetic disc recorder with a tuner [Description of Article to the Design]

This article is a magnetic disc recorder which has a television tuner capable of receiving high-definition television broadcasting and is capable of recording and playing television programs it receives. The graphic image represented in the graphic image view is displayed on display equipment that is used with the article in an integrated manner. The graphic image is one used for the operation for enabling the article to perform its recording function. It is displayed when a user makes a recording reservation for a television program, and allows the user to select and decide the program to be recorded from the program names indicated in multiple horizontally long display columns arranged in the center of the screen, by using the operation buttons arranged on the right side.

[Description of the Design] The part depicted in solid lines is the part for which the design registration is requested as a partial design.



Select button

Menu change button

Menu display columns

168


<Fig. 3.13-17> Example of statement in drawings in the case where a graphic image on a screen is displayed on other display equipment (partial design requesting design registration for the graphic image part of a computer with additional function)

[Article to the Design] Computer with a function of creating postcards [Description of Article to the Design]

The graphic image represented in the graphic image view is displayed on display equipment that is used with the article in an integrated manner. The graphic image is used for the operation to enable the computer with a function of creating postcards to perform the function of entering addresses, where a user selects a name from the address book and the image to be printed is displayed.

[Description of the Design] The part represented in the graphic image view is the part for which the design registration is requested as a partial design. The set of drawings representing the form of the entire article to the design is omitted since they do not represent the part for which the design registration is requested as a partial design.


(Note) A view indicated as [Graphic Image View] only refers to a view representing the graphic image displayed on other display equipment that is used with the article in an integrated manner. It is erroneous to indicate an enlarged view, etc. of a part of a graphic image that is displayed on the display part of the article to the design itself as [Graphic Image View].


(Note) In the case of omitting the set of drawings representing the form of the entire article to the design, the fact that the drawings have been omitted must be described.

169

<Fig. 3.13-18> Example of an inappropriate view representing [Graphic Image View]

<Fig. 3.13-19> Example of inappropriate views in the case where a graphic image on a screen is displayed on other display equipment that is used with the article to the design in an integrated manner

(Note) It is erroneous to represent the form of other display equipment that is used with the article to the design in an integrated manner in [Graphic Image View] whether in solid lines or in broken lines (a part other than the part for which the design registration is requested). [Graphic Image View] only represents the graphic image displayed on the display part (screen) of other display equipment, but its outline should be the peripheral line of the display part (screen).


(Note) If the drawings are prepared as in this example in the case of displaying a graphic image for operation of a DVD player on the screen of a television, etc. that is used with the DVD player in an integrated manner, the forms of two articles will be represented in the drawings (it could be found to be two designs). [Graphic Image View] should only represent the graphic image displayed on the display equipment that is used with the article to the design in an integrated manner.


170

<Fig. 3.13-20> Example of a view in the case of a partial design where the part for which the design registration is requested is only specific figures in a graphic image on a screen

<Fig. 3.13-21> Example of statement in a view indicating the part for which the design registration is requested in the case of a partial design where such part is only specific figures in a graphic image on a screen

[Description of the Design] The part depicted by solid lines is the part for which the design registration is requested as a partial design. The dash-dotted lines indicate the boundary between the part for which the design registration is requested as a partial design and any other part.


(Note) By enclosing the part showing the figures for which the design registration is requested by dash-dotted lines, a part of a graphic image can be specified as one design.


[Front view] [Description of the Design] The part depicted by solid lines is the part for which the design registration is requested.

(Note) Multiple figure parts are found to be one design even if each figure is separated from the others as shown in the example view, as long as those figures have unity in form or functions (only the figure parts for which the design registration is requested should be drawn in solid lines). In order to treat multiple constituent elements that have no unity in form or functions as one design, they need to be enclosed by dash-dotted lines as shown in <Fig. 3.13-20>.


171

<Fig. 3.13-22> Example of statement in a reference view for explaining the function performed by the operation and the operation method(Example of a reference view to be added along with the statement in [Description of Article to the Design])



Select button

Decide button Cancel button

Title display columns

172

13.5 Where the Graphic Image on a Screen Changes In a design including a graphic image on a screen, because a graphic image is a form of

a part of an article, one graphic image is represented in one design, in principle. Accordingly, where plural graphic images are represented in one application, it is regarded that one application contains multiple “designs including a graphic image” and is not found to be an application for design registration filed for each design as provided in Article 7 of the Design Act.

However, where it can be found from the contents of the statement in the application and drawing, etc. attached to the application, such as the description of the article to the design, that the plural graphic images on a screen satisfy both of the following two requirements, the subject matter in the state of including such plural graphic images can be found to be one design.* (See 74.7.1.3 of the Examination Guidelines for Design)

(* Hereinafter referred to as a “graphic image that changes”)

(i) The plural graphic images are graphic images for making necessary indications for performing the same function of the article or graphic images that are provided for use in the operation carried out in order to enable the article to perform the same function (hereinafter referred to as “graphic images for the same function of the article”).

(Note) Where continuation of operation is found, such as where it is necessary to give a series of multiple input instructions (selection instructions) for enabling the article to perform one of its functions, the series of graphic images on a screen that continuously change in correspondence to such input instructions (selection instructions) are found to be graphic images for the same function of the article.

For example, as in the case of the money transfer function of an automated teller machine of a bank, the graphic images on a screen ranging from the corresponding icon on the initial menu screen, to those for selecting the bank, entering the transfer destination, entering the transfer amount, to making the transfer are found to be graphic images for the same function of the article, either as individual graphic images or as a transition screen for the entire money transfer functions including all of these graphic images.

(ii) Relevance in form based on commonality in figures, etc. must be found in the graphic images before and after the change.

(Note) In the case of a design including three or more graphic images on a screen, determination on relevance in form is made for two graphic images: one immediately before and one immediately after the change. Meanwhile, with regard to a partial design requesting design registration for a part of a graphic image on a screen, determination on the presence or absence of relevance in form is made for the part for which design registration is requested in the graphic images before and after the change.

173

(1) Points to be noted when making a statement in an application and drawings

(i) Colum of [Description of Article to the Design] The fact that the plural graphic images on a screen are graphic images for the

same function of the article must be stated.

(ii) Column of [Description of the Design] Where the changing order or the changing mode is not sufficiently expressed

by the statement in the drawing alone, an explanation to specify these matters should be stated.

(iii) Statement in drawings a) It is necessary to represent the graphic images on a screen before and after

the change. In this case, the graphic images before and after the change should be represented in such a way that they can be found to have relevance in form, by submitting views that include graphic images that serve as the key

point of the change or graphic image views. b) The plural graphic images showing the changing mode should be represented

in the changing order, in principle. When the changing mode cannot be sufficiently expressed by merely arranging views in the changing order, the changing mode of the views should be expressed by, for example, attaching numbers or codes for identifying the views after the represented views, such as “yy view showing the changed state 1,” “yy view showing the changed state 2,” and so on, while also using the abovementioned description of the design.

(2) Categories of relevance in form

(i) Movement of a figure, etc. Where a figure, etc. continuously moves, expands, shrinks, rotates or changes

in color within the graphic image on a screen, while hardly changing its own shape

(ii) Increase or decrease of the same figure, etc. Where the same figure, etc. increases or decreases (appears, disappears)

continuously within the graphic image on a screen

174

(iii) Change of the layout within the graphic image on a screen Where the direction or the aspect ratio of the arrangement of figures, etc.

changes according to the status of use of the device; where the figures, etc. change their arrangement within the graphic image on a screen, while hardly changing their own shapes

(iv) Gradual change of the graphic image on a screen or figure, etc. itself Where a new graphic image gradually appears on a screen while a part of the

graphic image before the transition still remains, and the transition to the new graphic image eventually completes; where the form of the figure, etc. differs at the beginning and the end of the change, but by disclosing the graphic image in the midst of the change, the figure, etc. is found to change gradually

(v) Continuous use of a common motif Where a common motif comprised of the same figure, etc. is continuously used

in the header part or the background of the graphic image on a screen

(vi) Development of an additional figure, etc. Where a new figure, etc. appears within or disappears from the graphic image

on a screen in conjunction with the operation (for example, development of a pull-down menu, sub-menu or sub-window, or appearance or disappearance of a pop-up indication in relation to an icon, etc.)

175

i. Where plural graphic images on a screen are found to be one design

<Fig. 3.13-23> Example of movement of a figure, etc.

<Fig. 3.13-24> Example of rotation of a figure, etc.

[Article to the Design] Mobile phone with a music player [Description of Article to the Design]

The graphic images on a screen represented in the enlarged view of the display part and the enlarged view of the display part showing the state after the change are used for selecting the information based on which music should start to play for enabling the performance of the music playing function of the mobile phone. As shown in the enlarged view of the display part and the enlarged view of the display part showing the state after the change, when each figure, etc. for operation is designated, the explanation for said figure, etc. for operation also changes in conjunction.


[Enlarged view of the displayed part showing the state after the change]



The graphic images on a screen represented in the enlarged view of the display part and the enlarged view of the displayed part showing the state after the change can be used for enabling the performance of the email function of the mobile phone. As shown in the enlarged view of the display part and the enlarged view of the displayed part showing the state after the change, when each figure, etc. for operation is designated, the explanation for said figure, etc. for operation also moves in conjunction.




Explanation

Explanation

Play music

プレイリスト

ランダム

STORE

Choose by album name

Play music

プレイリストプレイリスト

ランダムランダム

STORE

Choose by artist name

176

<Fig. 3.13-25> Example of an increase or decrease of the same figure, etc.

<Fig. 3.13-26> Example of a change of the layout within the graphic image on a screen

[Article to the Design] Mobile information terminal [Description of Article to the Design]

The graphic image on a screen represented in the front view is the menu screen for selecting a specific function from among the multiple functions of the article. When the article is rotated 90 degrees, the layout of the icons is changed in the direction corresponding to the direction of the article, as shown in the graphic image represented in the front view showing the state after the change.

[Front view] [Front view showing the state after the change]


[Article to the Design] Music player [Description of Article to the Design]

The graphic images on a screen represented in the enlarged view of the display part and the enlarged view of the display part after the change are used for controlling the sound volume. The level gauge changes in conjunction with the operation of the sound control dial, and the current sound volume level is indicated.




Sound volume Sound volume

177

<Fig. 3.13-27> Example of a change of the layout within a graphic image on a screen


The graphic image on a screen represented in the front view is the menu screen for selecting a specific function from among the multiple functions of the article. The layout of the icons can be changed as shown in the front view showing the state after the change.



178

<Fig. 3.13-28> Example of a gradual change of a graphic image on a screen


The graphic image displayed on the display part is a graphic image for the music playing function. The enlarged view of the display part 1 to the enlarged view of the display part 5 represent the change in the graphic images when having selected the icon for playing music from the menu screen, and the album selection screen appears as if turning a page from the bottom right of the menu screen. The graphic image represented in the enlarged view of the display part 5 is a graphic image for carrying out the operation to select the album to be played.

[Enlarged view of the display part 1]






This example shows a case where a new graphic image gradually appears on a screen while a part of the graphic image before the transition still remains, and the transition to the new graphic image eventually completes. The form of the figure differs at the beginning and the end of the change, but by disclosing the graphic image in the midst of the change, the figure is found to change gradually. It is found that the graphic images represented in [Enlarged View of the Display Part 1] to [Enlarged View of the Display Part 5] are for the music playing function, and that the graphic images immediately before and after the change have relevance in form also in the changing mode shown in the respective views.

Choose an album

179


It is found that the graphic images represented in [Enlarged View of the Display Part 1] to [Enlarged View of the Display Part 6] are for the music playing function, and that the graphic images immediately before and after the change have relevance in form also in the changing mode shown in the respective views.


The graphic image displayed on the display part is a graphic image for the music playing function. The enlarged view of the display part 1 to the enlarged view of the display part 6 represent the change in the graphic images when having selected the icon for playing music from the menu screen, and the album selection screen appears as the entire graphic image slides to the left. The graphic image represented in the enlarged view of the display part 6 is a graphic image for carrying out the operation to select the album to be played.








Choose an album Choose an album

Choose an album

Choose an album

180



The graphic images represented in [Enlarged View of the Display Part] and [Enlarged View of the Display Part Showing the Change 1] to [Enlarged View of the Display Part Showing the Change 7] are a series of graphic images for carrying out the initial setting. When the upper left icon is selected in [Enlarged View of the Display Part], the icon expands and moves, and the graphic image sequentially changes to that in [Enlarged View of the Display Part Showing the Change 7]. The graphic image represented in [Enlarged View of the Display Part Showing the Change 7] displays the menu items for carrying out the initial setting.

It is found that the series of graphic images are for carrying out the initial setting, and that the graphic images immediately before and after the change have relevance in form also in the changing mode shown in the respective views.



[Enlarged view of the display part showing he change 1]


[Enlarged view of he display part showing the change 3]





181

<Fig. 3.13-31> Example of a gradual change of a figure, etc. itself


The graphic images represented in enlarged views of the display part 1 to 6 are graphic images of the mobile phone standby screen. The icon, which is the part for which the design registration is requested, is for informing the user of receipt of an email. When the icon is selected, an email opening screen is activated. Until the email is opened, the icon continues a gradual change, by repeating the change in the order of enlarged views of the display part 1 to 6 and then 6 to 1, while rotating vertically.








It is found that the series of graphic images are for the email function. Also, because the forms of the figure, etc. (icon), which is the part for which the design registration is requested, displayed in the graphic images immediately before and after the change show commonality, it is found that the graphic images have relevance in form. As in this example, determination on graphic images for the same function is made based on the entire graphic image, and determination on relevance in form is made based on the part for which the design registration is requested.

You've got mail. You've got mail. You've got mail.

You've got mail. You've got mail. You've got mail.

182

<Fig. 3.13-32> Example of continuous use of a common motif



The graphic image displayed on the display part is a graphic image for the music playing function. By selecting the item in the enlarged view of the display part 1, transition to the enlarged view of the display part 2 takes place, and by selecting an item in the enlarged view of the display part 2, transition to the enlarged view of the display part 3 takes place. Then, by selecting a tune in the enlarged view of the display part 3, transition to the enlarged view of the display part 4 takes place. The enlarged view of the display part 4 is a graphic image representing the status of progress of the playing of the selected music.






The series of graphic images are for the music playing function. Also, because the musical note motifs displayed in the graphic images immediately before and after the change show commonality, it is found that the graphic images have relevance in form. Also, while the graphic image in [Enlarged View of the Display Part 4] is a graphic image for operation, a change from such graphic image for operation to a graphic image for making necessary indications can be found to be one design if the requirements are satisfied.

Choose by album

Choose by artist

Choose by genre

Recently added tunes

Choose a tune

[Article to the Design] Copying machine [Description of Article to the Design]

The graphic images on a screen represented in the front view, the partial enlarged view of the display part, and the partial enlarged view of the display part showing the changed state are for carrying out various settings for the copying.

[Partial enlarged view of the display part]

[Partial enlarged view of the display part showing the changed state]


Both graphic images are those for the copying function, and because the forms of the buttons in the header part show commonality, it is found that the graphic images have relevance in form.

Basic settings

Monochrome/color

Monochrome

Full color

Copy density

Useful functions

Magnification

Automatic

Other magnification

Number of copies

Paper selection

Automatic

Tray 1

Tray 2

Manual feed

Basic settings Useful functions Number of copies

Settings

Monochrome

Magnification 100%

Paper Tray 1

One side

Number of copies

Clear Copies

183



The article is a mobile phone having step count measurement and indication functions. By selecting the history button in the front view, a past step count record can be displayed in a graph. The graphic images on a screen represented in the front view and the front view showing the changed state are graphic images for the step count indication function.

[Front view] [Front view showing the changed state]


The graphic images in the front view and the front view showing the changed state are both those for the step count indication function, and because the forms of the motifs in the header part and the operation buttons at the bottom show commonality, it is found that the graphic images have relevance in form.

Step counter

Step count Today

Steps

Yesterday

Steps Menu History

Step counter

Today Date Date Date Date Date Date

Menu Today

184


[Article to the Design] Automated teller machine [Description of Article to the Design]

The respective graphic images are used for setting the transfer destination and inputting the transfer amount for the money transfer function.

[Description of the Design] When making a transfer by using a card, the graphic image on a screen makes a transition in sequence from [Enlarged View of the Display Part] to [Enlarged View of the Display Part Showing the State after the Change 1], [Enlarged View of the Display Part Showing the State after the Change 2], [Enlarged View of the Display Part Showing the State after the Change 4], and [Enlarged View of the Display Part Showing the State after the Change 5]. When making a transfer by cash, the graphic image on a screen makes a transition in sequence from [Enlarged View of the Display Part] to [Enlarged View of the Display Part Showing the State after the Change 3], [Enlarged View of the Display Part Showing the State after the Change 4], and [Enlarged View of the Display Part Showing the State after the Change 5].


[Enlarged view of the display part showing the state after the change 2]






If the graphic images are those for the same function of the article, and relevance in form can be found in the graphic images before and after the change, they are found to be one design even if the graphic image branches to different graphic images as in this example, or in other cases with combined modes of change, such as where the graphic image returns to the previous one.

Welcome Please press the transaction you desire.

Cancel

Withdrawal Deposit

Transfer Balance Inquiry

Please press the transfer method you desire.

Cash Card

Cancel

Please enter your passcode.

Passcode

Cancel

Cash Card

Cancel

Please press the transfer method you desire. Please press the transfer destination financial institution.

Cancel

Please enter the transfer amount.

Amount

ten thousand

thousand

yen Cancel

Cancel

185

<Fig. 3.13-36> Example of development of an additional figure, etc.

<Fig. 3.13-37> Example of development of an additional figure, etc.

[Article to the Design] Portable game machine [Description of Article to the Design]

The graphic images represented in the enlarged views of the display part 1 to 3 are used for carrying out the initial settings of a game machine. When choosing an arbitrary icon in the enlarged view of the display part 1, a pop-up window appears, and the graphic image changes from the enlarged view of the display part 2 to the enlarged view of the display part 3. The pop-up window indicates an explanation of the function of the selected icon, the execution button and other buttons.

The graphic images are graphic images for operation used for the initial settings, and because the four icons in the far-left in the enlarged view 1 and the enlarged view 2 are in common, and the icons and the outer shapes of the pop-up windows in the enlarged view 2 and enlarged view 3 are in common, relevance in form is found in both sets of graphic images before and after the change.





[Article to the Design] Digital camera [Description of Article to the Design]

The graphic image on a screen represented in the front view is used in the operation to start up or set up the camera for the function to take pictures. As shown in the front view showing the state after the change, when a certain time period passes while in a state of designating a figure, etc. for operation, an explanation in a speech balloon is displayed with regard to the contents that can be set by the figure, etc. for operation.

[Front view] [Front view showing the state

after the change]

The graphic images in [Front View] and [Front View Showing the State after the Change] are graphic images for the function to take pictures, and because the five figures for operation vertically arranged in a row on the far-right within the graphic images are in common, it is found that the graphic images have relevance in form


Various settings can be made concerning the function to take pictures

186

ii. Where plural graphic images on a screen are not found to be one design

<Fig. 3.13-38> Example of a case where plural graphic images on a screen are not found to be one design since they are for different functions


The graphic image displayed on the display part is used for the input operation for writing emails. The graphic image represented in the enlarged view of the display part showing the state after the change is a graphic image used for the calculator function, and calculation is carried out by selecting buttons.

[Description of the Design] The part depicted in solid lines is the part for which the design registration is requested as a partial design.




Relevance in form can be found in the forms of the part for which the design registration is requested (the shape of the cloud-shape frame) in the two views. However, while the graphic image on a screen showing the state before the change is a graphic image for the email function, the graphic image showing the state after the change is a graphic image for the calculator function, and they are not found to be graphic images for the same function of the article.

To:

Subject:

Enter body text

187


[Article to the Design] Route guidance indicator [Description of Article to the Design]

The graphic image on a screen represented in the graphic image view is displayed on the display equipment that is used with the article in an integrated manner. It is for the operation to select the sound source of the music to be played. By selecting the flag icon in the menu part at the left, the graphic image changes to a graphic image for setting the destination for route guidance, as in the graphic image showing the state after the change.

While the graphic image on a screen showing the state before the change is a graphic image for the music playing function, the graphic image showing the state after the change is a graphic image for the route guidance function, and they are not found to be graphic images for the same function of the article.


[Graphic image view] [Graphic image view showing the state

after the change]

In the case where a graphic image is displayed on other display equipment that is used with the article to the design in an integrated manner, the fact that the article used in an integrated manner is display equipment must be described.

Setting destination

Address

Genre

Name

Telephone number

Surroundings

History

188



The enlarged view of the display part represents a menu screen. When the music icon is selected, the graphic image changes to that in the enlarged view of the display part showing the state after the change 1, and the menu of the music playing function appears. When the email icon is selected, the graphic image changes to that in the enlarged view of the display part showing the state after the change 2, and the menu of the email function appears. When the search icon is selected, the graphic image changes to that in the enlarged view of the display part showing the state after the change 3, and the menu of the search function appears.

This example covers the following three designs: a design that changes from [Enlarged View of the Display Part] to [Enlarged View of the Display Part Showing the State after the Change 1] where the musical note motifs in the graphic images for the musical playing function before and after the change show commonality; a design that changes from [Enlarged View of the Display Part] to [Enlarged View of the Display Part Showing the State after the Change 2] where the email motifs in the graphic images for the email function before and after the change show commonality; and a design that changes from [Enlarged View of the Display Part] to [Enlarged View of the Display Part Showing the State after the Change 3] where the magnifying glass motifs in the graphic images for the search function before and after the change show commonality. Therefore, they are not found to be graphic images for the same function of the article.






189

<Fig. 3.13-41> Example of a case where plural graphic images on a screen are not found to be one design since there is no relevance in form


The graphic images on a screen represented in the front view and the front view showing the state after the change are used in the operation to select the method for selecting the call designation. By pressing the lowermost button in the right-hand row in the front view, the graphic image changes into a list display, as shown in the front view showing the state after the change.



190


[Article to the Design] Copying machine [Description of Article to the Design]

The graphic images on a screen represented in the front view, the partial enlarged view of the display part, and the partial enlarged view of the display part showing the changed state are for carrying out various settings for the copying.

[Partial enlarged view of the display part]

[Partial enlarged view of the display part after the change]


With regard to the part for which design registration is requested, the graphic images on a screen before and after the change have no common elements and lack coordination, and are found to have no relevance in form.

Basic settings

Monochrome/color

Monochrome

Full color

Copy density

Useful functions

Magnification

Automatic

Other magnification

Paper selection

Number of copies

Automatic

Tray 1

Tray 2

Manual feed

Basic settings Useful functions Number of copies

Monochrome

Current settings

Magnification 100%

Paper Tray 1

One side Copy density

Normal

Number of copies

Clear Copies

191



The graphic image displayed on the display part is a graphic image for the music playing function. The enlarged view of the display part 1 to the enlarged view of the display part 3 represent the change in the graphic images when having selected the icon for playing music from the menu screen, and the album selection screen appears as if turning a page from the bottom right of the menu screen. The graphic image represented in the enlarged view of the display part 3 is a graphic image for carrying out the operation to select the album to be played.





The series of graphic images are for the same function, and [Enlarged View of the Display Part 1] and [Enlarged View of the Display Part 2] are found to have relevance in form. However, [Enlarged View of the Display Part 2] and [Enlarged View of the Display Part 3] are found to have no relevance in form, since there is hardly any commonality in the figures, etc. This example covers the following two designs: the graphic image represented by [Enlarged View of the Display Part 1] and [Enlarged View of the Display Part 2]; and the graphic image represented in [Enlarged View of the Display Part 3]. Therefore, they are not found to be graphic images for the same function of the article. Since relevance in form is determined based on the graphic images before and after the change, in order for a series of graphic images that change gradually to be found to be one design, the graphic image in the midst of the change needs to be disclosed to the extent of the example of views shown in <Fig. 3.13-28>.

Choose an album

192


[Article to the Design] Automated teller machine [Description of Article to the Design]

The graphic image displayed on the display part is used for making a balance inquiry. By selecting the balance inquiry button, the graphic image makes a transition to the screen for entering the passcode.

[Enlarged view of the display part] [Enlarged view of the displayed part showing the state after the change]


In this example, no relevance in form can be found in the graphic images before and after the change, since there is no commonality in figures, etc. Although blue color is used in the background of both graphic images, relevance in form cannot be found for mere use of consistent colors.

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13.6 In the case of a liquid crystal display panel (where figurative segments are arranged in fixed positions)

The liquid crystal display panel discussed in this section is a component incorporated (into various types of articles) as a display part, which generally takes the form of a panel, and almost the entire part of which is a liquid crystal display part. It arranges a part that displays figures, etc. as a figurative segment in a fixed position on the liquid crystal display part, and by passing electric current, the segment part changes and displays figures, etc. (the figurative segment display method). An article in which the entire display part is composed of a large number of pixels and which is capable of freely displaying various figures by using a program (the dot matrix display method) is not regarded as a liquid crystal display panel as discussed in this section.

A liquid crystal display panel becomes capable of passing electric current only by being incorporated into the display part (of various types of articles), and only displays figures, etc. by passing electric current. In most liquid crystal display panels, it is impossible to distinguish between the figurative segment part and the other parts when not passing electric current. Therefore, figures, etc. do not actually become visible as the appearance of a liquid crystal display panel, which is used as a component. However, in the figurative segment display method, the segment part is arranged in a fixed position as a figurative part that has an attribute to undergo a change by passage of electric current, and is an indispensable and major constituent element in the design of an article which is a display panel.

Considering such characteristic, the figurative segment part of a liquid crystal display panel is treated as an element that constitutes a design, irrespective of whether it is actually visible when not passing electric current.

Due to the above, the statements in the application and drawings should be as follows.


(i) Column of [Article to the Design] The fact that the article is a liquid crystal display panel must be clearly stated,

such as “liquid crystal display panel for yy.”

(ii) Column of [Description of the Design] a) In order to help in understanding what kind of figures, etc. are displayed by

passage of electric current, an explanation of the figures, etc. that appear by passage of electric current should be stated as needed.

However, in the case where the mode of the figures, etc. that appear by

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passage of electric current is clearly understandable from the purpose of use, general mode, [Reference View Indicating the State of Use], etc. of the article incorporating the liquid crystal display panel, the statement in the column of [Description of the Design] is unnecessary.

b) In the case where there are any non-translucent figurative parts, etc. that are printed, etc., an explanation as to which parts are such parts should be stated.

However, if such parts can be clearly distinguished by [Reference View Indicating yy], the statement of an explanation is unnecessary.


(i) All figurative segment parts and non-translucent figurative parts, etc. that are printed, etc. should be depicted in “a set of six views,” etc.

(ii) The outlines of the figurative segment parts and non-translucent figurative parts, etc. that are printed, etc. should be depicted as in the case of shape lines.

(iii) With regard to figures, etc. that appear by passage of electric current, they do not

appear unless the display part is incorporated into an article and electric current is passed, so they should not be represented in “a set of six views,” etc., but in a reference view ([Reference View Indicating the State of Passage of Electric Current]) as needed.

(iv) In cases where there are not only figurative segment parts, but also non-

translucent figurative parts, etc. that are printed, etc., their distinction should be clearly indicated by [Reference View Indicating yy].

However, if such parts can be clearly distinguished by statements in the column of [Description of the Design] alone, the indication is not required.

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<Fig. 3.13-45> Example of views representing all segment parts (All outlines of the figurative segment parts should be depicted by solid lines.)

<Fig. 3.13-46> Example of a view with an additional reference view indicating the state of passage of electric current (Figures, etc. that appear in the state of passage of electric current should be represented in [Reference View Indicating the State of Passage of Electric Current].)


[Article to the Design] Liquid crystal display panel for clocks [Description of the Design] The lines indicating the standard times of locations around the world,

the day of the week, the date, and the time are displayed.

[Front view] [Reference view indicating the state

of passage of electric current]

[Article to the Design] Liquid crystal display panel for automobiles

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<Fig. 3.13-47> Example of a view with an additional reference view indicating the state of passage of electric current

<Fig. 3.13-48> Example of a view with an additional reference view indicating printed figures, etc. (The distinction between figurative segments and any other figures or characters should be indicated by a reference view as shown in this example, as needed.)

[Front view] [Reference front view indicating the state

of passage of electric current]

[Article to the Design] Liquid crystal display panel

[Reference front view indicating printed figures, etc.] [Front view]

[Article to the Design] Liquid crystal display panel for motorbikes

13. in the case of a design including a graphic image on a ... · a graphic image based on signals...

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