Divisional application (Japanese Design Act, Article 10bis(1))
(Conclusion) Divisional application based on the “reference drawing” was rejected. (Applicant lost.)
*Under the Japan Design Act, applied design which is not registerd as design right would not be published.
“Two or more designs” as used in Article 10-2(1) of the Design Act shall be limited to “designs for which registration is sought.”
In the reference drawing of the drawing attached to the original application, the design of the piano auxiliary pedal including the attachment portion with the attachment attached thereto is shown. However, such a reference drawing is shown for the purpose to aid in understanding the design to be registred, and it is other than the design to be registred.
Since the applied design for which registration is sought is not the design for which registration is sought in the original application, the applied application cannot be regarded as a divisional application that satisfies the requirements of Article 10bis(1) of the Design Law.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>