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Photographs instead of drawings in patent application

Updated: Dec 17, 2023

In Japan, applicants can file an application for design registration, attaching photographs instead of drawings in patent applications that depict views. In the case of submitting photographs, the method of representing the form is the same as in the case of submitting drawings. In other words, a set of six views must be prepared by taking photographs of those six surfaces in the same way as is seen when depicting a set of six views.


Photographs instead of drawings in patent application

Photographs instead of drawings in patent application - some points to be noted


(i) It is necessary not to include what does not constitute the design (e.g. the background, shadows that are not shaded, images reflected on the mirror surface).


(ii) In cases where “shades” created by shading that appears on the bumpy surface (please see “2A. 5 (8) “Shades” specifying the surface shape of a three-dimensional object”) seem to be difficult to be distinguished from patterns, applicants need to make a statement about how to distinguish shades from patterns in the column of [Description of the Design].


(iii) To avoid including the background or the surface of the table where the object is put as patterns, etc., applicants need to carefully set up a photographic stage so that patterns, etc. that do not constitute the design may not be shot, by covering the background or the table with the same colour material such as a white or black cloth.


(iv) Please be careful not to photograph by the perspective drawing method, where the front of the object becomes larger and the other end of the object becomes smaller.


Digital photographs that have been manipulated, such as clearing the form, eliminating what does not constitute the design, can also be accepted as photographs (Please note that the form represented by the manipulated photograph data is regarded as the design in the application).


Photographs instead of drawings in patent application

(vi) It is possible to combine photographs and views to prepare a set of six views. In such cases, applicants need to make sure that photographs and drawings are consistent with each other. For example, in cases where, while photographs represent shading related to the gist of the design, drawings represent only the shape, it shall be regarded that the specified form is not represented since photographs and drawings are not consistent with each other. Please note that photographs and drawings must be separated in the application, and the [Document Name] should be “Photographs” and “Drawings,” respectively.


(vii) It is not allowed to incorporate drawn lines into photographs to claim it one photograph. Please note that a drawing created by computer graphics (CG) with photographic data partially incorporated thereinto shall be deemed as a drawing. (Please see “2A. 5 (9) Drawings prepared using computer graphics”)



For patent drawing illustration services, please contact us at info@desillus.com or visit our website https://www.desillus.com/

Our drawings follow all the guidelines from the respective jurisdictions to avoid rejections from examiners.

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