2. Basics of the Depiction in Drawings

Most of the articles that shall be subject to protection under the Design Act are in the form of a three-dimensional shape. However, when filing an application for design registration concerning a three-dimensional form, applicants must represent it in drawings depicted on a two-dimensional plane, and so on. In other words, the object of a design right is not a real three-dimensional shape, but a three-dimensional form depicted on such two-dimensional drawings. Therefore, the drawing methods are defined in detail so that the third party may also correctly understand the form, which is the object of the right. Thus, it is necessary to depict drawings, etc. according to the formulated drawing methods so that the form, which is the object of a design right, may be understood correctly. It is also necessary to depict necessary drawings so that the entire form, which is the object of a design right, may be understood as being specified for design registration. In addition, views that help in the understanding the design need to be depicted, where necessary (Drawings for explaining the form or the state of use, in which lines, etc. that do not constitute the design in the application are added, shall be indicated as “Reference view of yy” to be distinguished from the drawings that depict only constitute elements of the design in the application).

A.Drawings necessary for specifying the form

2A.1 Types of drawing formulated in the Form and basic points to be noted

(1) The types of drawings necessary for specifying the form

(i) In cases where the design in the form of a three-dimensional shape, in principle, the front view, the rearview, the left side view, the right side view, the top view and the bottom view that have been prepared at the same scale by the orthographic projection method, regarded as a set of drawings (hereinafter referred to as “a set of six views), need to be prepared. (Form No. 6 Note (8))

(ii) In cases where the design is in the form of a three-dimensional shape, it is possible to prepare drawings (all or part of the drawings) by the isometric projection method or the oblique projection method, instead of a set of six views as mentioned above. (Form No. 6 Note (9))

(iii) In cases where the design is in the form of a flat and thin article, it is necessary to prepare a set of drawings composed of a surface view and a backside view prepared at the same scale. (Form No. 6 Note (10))

(iv) In cases where the drawings mentioned above are not sufficient to represent the form, other types of drawings such as a sectional view, an enlarged view, a perspective view and others need to be added (These drawings can also be regarded as necessary drawings). (Form No. 6 Note (14))

(v) It is also possible to submit a photograph, a model or a specimen that represent the design, instead of a set of six views.

Please see Part II with regard to partial designs for registration, in which a part of an article is requested for design registration, and to Part III with regard to how to depict drawings when omitting depiction of a part of the article with a continuous shape (omitting the middle part).

(2) Points to be noted in preparing drawings

(i) The thickness of a solid line or a broken line must be approximately 0.4 mm, and that of an oblique parallel line or a chain line that shows cross section must be approximately 0.2 mm. (Form No. 6 Note (5))

(ii) Each view (the front view, the rear view, the reference view) must be depicted in the 150 mm (W) x 113 mm (H) rectangular. (Form No. 6 Note (6))

(iii) A figure (excluding a reference view) must not contain a centerline, baseline, horizontal line, fine line or shading to express shadows, indication line, code or character to explain the contents, nor any other line, code or character which does not constitute the design. (Form No.6 Note (7)) (As for “shades,” please see “2A. 5(8) “Shades” specifying the surface shape of a three-dimensional object”) For example, a hidden-line seen in engineering drawings (a broken line that represents the internal or back-side shape which is not outwardly visible) must not be contained in a necessary view.

(iv) When preparing drawings for an article whose front and rear, and whose top and bottom are not interchangeable on a regular use basis, it is desirable to depict a drawing of the article seen from such direction.

(v) Part of the views can be replaced with photographs. In such cases, however, even black and white photographs show shading of each part of an article. Due to this, the photographs may not be consistent with the views that depict the shape alone, which may cause to regard the design as being not specified. Therefore, applicants need to pay attention to ensure consistency between photographs and drawings. Please note that it is not allowed to prepare a view by combining a lined drawing and a photograph (Please see “C. Substitution for drawings”).

2A.2 Preparing drawings by the orthographic projection method

Through the orthographic projection method, the form of a three-dimensional shape is depicted by projecting six surfaces, each of which is orthogonal to its neighboring surface, onto the two dimensional plane, as the front view, the rear view, the left side view, the right side view, the top view and the bottom view. It is the same as the orthographic projection prescribed in “Technical Drawings” of the Japanese Industrial Standards (JIS), except that JIS’s “Technical Drawings” must not contain hidden lines. As shown in Figure 1.2-1, shape lines, patterns, colors seen on each surface are depicted as part of each view.

(1) Points to be noted when preparing drawings by the orthographic projection method

(i) Each view must be prepared at the same scale.

(ii) In the following cases, some of a set of six views can be omitted.

・If the front view and the rear view are identical or mirror image to each other, the rear view can be omitted.

・If the left side view and the right side view are identical or mirror image to each other, either of the side views can be omitted.

・If the top view and the bottom view are identical or mirror image to each other, the bottom view can be omitted. Please note that it is necessary to make a statement to the effect that “The rear view is omitted due to being mirror image to the front view” in the column of [Description of the Design].

2A.3 Preparing drawings by the isometric projection method and the oblique projection method

The isometric projection method and the oblique projection method are the drawing methods that enable for depicting the contents, in one view, corresponding to three views out of a set of six views that are prepared at the same scale by the orthographic projection method. As shown below, three surfaces out of six surfaces are displayed in one view, and therefore, there are eight ways to display them. By choosing two out of such eight types of views, applicants can describe the whole six surfaces. For example, if you choose two views such as [View showing the front, top and right side] and [View showing the rear, bottom and left side], the whole six surfaces can be represented.