Easiness of Creation (Article 3(2) of the Design Act)
(Conclusion) A person ordinarily skilled in the art could have easily created based on the cited design. (Applicant lost.)
Article 3(2) of the Design Act questions the novelty and/or originality of the conception of the design from the standpoint of a person ordinarily skilled in the art, based on an abstract well-known motifs are separate from articles as a benchmark.
From the standpoint of a person ordinarily skilled in the art at the time of filing of the design application concerned, to create the applied design based on the cited Prior design does not have novelty and/or originality in terms of the idea of a design.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>