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.
In light of the similarities between the applied design of the cited Prior design, the motivation to create the applied design from the cited Prior design is sufficient.
⇒When considering Easiness of Creation (Article 3(2) of the Design Act), Japanese court considers “motivation” to create the applied design just like considering Inventive Step of patent applications.
=<IP High Court> 2017 (Gyo-Ke) 10188
=<IP High Court> 2018 (Gyo-Ke) 10181
=<Osaka High Court> 2018 (Ne) 2523
=<IP High Court> 2007 (Gyo-Ke) 10078 etc.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>