【Research Center for the Legal System of Intellectual Property】

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Invitation to the Study of Design Patent Law

RC Asuka Gomi

There exist various tribes in the field of Patent Attorney. After the result of the attorneys' qualification exam is announced, they usually organize parties for cerebrating exam-winners. Their hidden purpose of the parties is to find prominent candidate for Patent Offices.

I also had such an experience to exchange name cards with some Patent Attorneys when I passed the exam. Upon seeing my resume, they found me coming from a faculty of art, and sighed. "OK you are to be Design Patent Attorney, aren't you?" They implied the difficulty of earning my living by Design Patent, in various expressions. I actually learned the practical meaning of "various expressions" in this occasion, though. As the result, I somehow resisted their attitude, and I have specialized in Design Patent until now. I have managed to earn my living, I guess.

I am studying Design Patent Law in the postgraduate course of the university, and what I found was that to make living as a scholar of Design Patent is more difficult than as a Design Patent Attorney. Discussions among opposing notions assures the objectivity of the academic study. However, there are not enough judicial cases, nor writings in the field of Design Patent for further discussion. In the situation that I even cannot have the basic answer What is Design, I am in a difficult situation for examining whether my idea is adequate. It is as if I was wandering the Savanna without a map.

The annual number of Design Patent application is 40,000, and registered about 30,000 to the National Patent Office. It means that 30,000 exclusive rights are granted every year. Compared with 120,000 of technical patent, this is not a small figure. (www.jpo.go.jp/shiryou/index.htm). It fully depends upon you whether you grow or abuse the newly born Design Patents.

The door of Design Patent is always open to you. Why don't you join us?