Novelty (related to Prior designs)
(Conclusion) Novelty should Not be found because the applied design is too small to be invisible to the naked eye. (Applicant lost.)
Even if a small size is invisible to the naked eye, the design is accepted if it is usually observed in a magnified manner at the time of trade.
In light of the purpose of the Designs Act, in cases where it is usual to magnify and observe the shape, etc. of an article by means such as observing the actual or sample article with a magnifying glass, etc., or publishing an enlarged photograph or an enlarged drawing in a catalog or specification, etc., when dealing with the article pertaining to the design, the shape, etc. of the article falls under the category of “to create an aesthetic feeling through vision, even if it cannot be recognized by the naked eye.”
With regard to the applied design, the shapes of the “Connector terminal” is NOT observed in an enlarged manner in the course of the transaction.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>