Connect, Share & Grow - FICPI WEBINAR SERIES - 2020 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY

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Connect, Share & Grow - FICPI WEBINAR SERIES - 2020 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
FICPI WEBINAR SERIES

  Connect,
Share & Grow

                          2020
STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Connect, Share & Grow - FICPI WEBINAR SERIES - 2020 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
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Connect, Share & Grow - FICPI WEBINAR SERIES - 2020 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
FICPI WEBINAR SERIES

Partial Design
 Protection

      25 November 2020
STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Connect, Share & Grow - FICPI WEBINAR SERIES - 2020 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
QUESTIONS?

Ask using the ‘Q&A’ function
at the bottom of your screen

    STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Connect, Share & Grow - FICPI WEBINAR SERIES - 2020 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
MODERATOR

                       Gabriel Di Blasi
FICPI – Chair, CET Group 2: Designs // Managing Partner, Di Blasi Parente

           STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Connect, Share & Grow - FICPI WEBINAR SERIES - 2020 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
SPEAKERS
Jürgen Buchhold
FICPI – Reporter, CET 2: Designs
Partner, Olbricht Patentanwälte

Katsumori Iseki
FICPI – Regional Co-Ordinator Japan, CET 8: Asian Issues
Partner, CP Japan IP Attorneys

Robert S. Katz
FICPI USA President Elect
Partner, Banner & Witcoff

Stephen Perry
FICPI Canada Vice President
Partner, PCKIP (Perry Currier)

         STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Connect, Share & Grow - FICPI WEBINAR SERIES - 2020 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
SPEAKER

                   Robert S. Katz
FICPI – FICPI-USA President Elect // Partner, Banner & Witcoff

    STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Connect, Share & Grow - FICPI WEBINAR SERIES - 2020 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Connect, Share & Grow
Partial Designs - FICPI Virtual Meeting
November 25, 2020

Robert S. Katz
(202) 824-3181
rkatz@bannerwitcoff.com
                                          9
Connect, Share & Grow - FICPI WEBINAR SERIES - 2020 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Why is Protection of portions important

    •   NIKE Air Max 1997   •   Adidas Yeezy Boost 350 V2

                                                            10
Why is Protection of portions important
       Portions Get Misappropriated!

                        •   Hypothetical Knockoff
                            Creations

•   NIKE Air Max 1997                               •   Adidas Yeezy Boost 350 V2

                                                                              11
U.S. Law – Portions Permitted

• 35 USC §171 - Whoever invents any new,
  original and ornamental design for an
  article of manufacture may obtain a patent
  therefor….

• Gorham Co. v. White, 81 US 511 (S.Ct 1871)
   o Handle portion for stemware

• In re Zahn, 617 F.2d 261 (CCPA 1980)
   o Shank portion of a drill bit.
   o An ornamental design may be embodied in less than
     a complete article

                                                         12
Statutory Provision/Practice Rules –
 Demarcating Claimed from Disclaimed

• 35 USC §112 - The specification shall contain a written
  description of the invention, and of the manner and
  process of making and using it, in such full, clear,
  concise, and exact terms as to enable any person skilled
  in the art …to make and use the same,
• Most common technique
   o Solid lines for what is being claimed
   o Broken (dashed) lines for what is being disclaimed
   o Can generally omit disclaimed features
• USPTO has formally and informally recognized other
  approaches
• Make sure the written specification corresponds/aids

                                                             13
Broken line examples

                       The broken lines depicting the
                       remainder of the computing
                       device show features that
                       form no part of the claimed
                       design.

                                                   14
Broken line examples

                       The broken line showing of a
                       part seam and the tip of the
                       food probe forms no part of
                       the claimed design.

                                                  15
Broken line examples
                       Do not need to show all
                       disclaimed subject matter in
                       broken lines -- can normally
                       omit them.

                       …The broken lines depicting
                       the remainder of the shoe
                       show features that form no
                       part of the claimed design.

                                                      16
Practice Rules - Boundaries

   • Examiners seem to want boundary line designations
     in the written specification

                           The broken lines depicting the remainder of the
                           connector adaptor show features that form no
                           part of the claimed design.

                            The broken lines immediately adjacent to the
                           shaded area represent the bounds of the claimed
                           design and forms no part thereof.

NOTE SURFACE SHADING

                                                                      17
Practice Rules - Boundaries

• Examiners seem to want boundary line designations
  in the written specification

                        The even-length broken lines form no part of
                        the claimed design.

                        The uneven-length broken lines immediately
                        adjacent to the shaded area define
                        the bounds of the claimed design and form no
                        part thereof.

                                                                  18
Photohybrid Examples

                       The broken lines depicting the
                       remainder of the play kitchen show
                       features that form no part of the
                       claimed design.

                                                      19
Photohybrid Examples

                       The broken lines depicting
                       the remainder of the faucet
                       show features that form no
                       part of the claimed design.

                                                     20
Photohybrid Examples

                       The broken line immediately
                       adjacent to and surrounding the
                       photographic area defines the
                       bounds of the claimed design and
                       forms no part thereof.

                       The broken lines depicting the
                       remainder of the vest show
                       features that form no part of the
                       claimed design.

                                                           21
Photohybrid Examples

                       The broken lines immediately
                       adjacent to the photographic area
                       define the bounds of the claimed
                       design and form no part thereof.

                        The broken lines depicting the
                       remainder of the shoe show
                       features that form no part of the
                       claimed design.

                                                           22
Photoblurring-Greying Out Examples

                         The over-the-ear clip of the ear-
                         mountable bio-sensor device
                         shown…grayed out in FIGS. 9-16
                         represent environmental subject
                         matter that forms no part of the
                         claimed design.

                                                       23
Photoblurring-Greying Out Examples

                        The grey faded portions are for
                        environmental purposes only and
                        form no part of the claimed design.

                                                        24
Amendments – Avoiding New Matter

• Can change scope of
  the claim post-filing
  or in a continuing
  application
• But cannot add any
  new matter
• In re Owens (Fed. Cir.
  2013)– a disclaimed
  boundary line added
  anew was found to be
  prohibited new
  matter.

                                      25
Portions YES – but how do I know?

•   Getting the best bang for the buck
•   What should the protection focus on?
•   How many designs should be protected?
•   Factors
     o   KNOW: differences between design and utility patents
     o   Is the product an expected single or a home run
     o   Likelihood of being simulated
     o   Expected price of creator’s product & how long it will product be sold
     o   Closeness of the prior art
     o   Other related products in the line? Similar DNA?
     o   Maximize infringement and/or damages
     o   Cutting edge claiming/disclaiming techniques
     o   Dozens more……….
•   For next presentation……

                                                                                  26
Questions?

             27
28
SPEAKER

                        Katsumori Iseki
FICPI – Regional Controller CET Group 8: Asian Issues // Partner, CP Japan IP
                                 Attorneys
           STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
PARTIAL DESIGN PROTECTION IN JAPAN

             Katsumori ISEKI
                November 25, 2020

       STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Statistics of partial design application

                The number of partial design application
                The number of related design application
                The partial design applications /all applications(%)
                The related design applications / all applications(%)

                                                  (Source: Statistics of JPO)
      STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Revised Examination Guideline has applied to
      design applications filed on or after 2019.5.1

The revised Examination Guideline mainly includes:
•   Relaxing the requirements for drawings
Removing the column indicating ‘Partial design
•

application’ in the application paper for a partial design
•   …..

             STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Relaxation of requirements for drawings

 the drawing without [back view] of picture frame
                                [ Plain view]
                                                                          [ Perspective view]
       [Left side view]                               [Right side view]

                              [ Front view]

                                                       [ Bottom view]
                    Before: Issuing the reasons for refusal
                    Present: THE
                 STRENGTHENING Issuing
                                  PRACTICEno  reasons
                                           OF THE         for IPrefusal
                                                  INDEPENDENT    ATTORNEY
Background of
          Revising the Examination Guideline

•   The number of the design applications receiving the reasons
    for refusal via Hague International design registrations was
    increasing due to the difference of requirements for drawings
    and descriptions in each jurisdiction
•   Most of the reasons for such design applications via Hague
    were by the main paragraph of Article 3 of the Design Act
    unlike those of normal design applications
•   One of the purpose of the main paragraph of Article 3
    requires the specific disclosure of the design article
•   …..

            STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Basics of depiction of drawings for a partial
                   design

                                                 [Article to the Design] Flange

      STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Basics of depiction of drawings for a partial
                      design
[Article to the design] Picture frame

       The back view is missing but it is presently acceptable.
       The design represented by those drawings is now considered as a ‘partial
       design’ even though only solid lines are used in these drawings.
       This means that this application claims all views of article except the back
       view, meaning this application requests a partial design protection.

                 STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Recent examples of registered design under
    the revised Examination Guideline

          (JP Design Registration No.1671395)
          *Basic application was filed before EUIPO
      STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Recent examples of registered design under
             the revised Examination Guideline

[Perspective view]               [Side view]                                     [Top view]

                         (JP Design Registration No.1669396)
                         *Basic application is Hague International registration
                     STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Determination of similarity for a partial
                                    design
      [Basic aspects in determining similarity between two designs]
             (i)     The article of the design
             (ii)    The usage and function of the ’part’ requested for registration
             (iii)   The form of the ‘part’
             (iv)    The position, size and scope of the ‘part’

Under the Revised Examination Guideline,
the similarity between entire design application and partial design application is now examined.

                                                        Examine
                                                        Similarity

                             Entire design                                 Partial design
                              STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
Revised Design Act 2019
                             -effective on 2020 April 1-
        [Main items for the Revised Design Act]
(i)  Protection for Graphic image itself
(ii) Protection for Building and interior designs
(iii)Enhancement of Related design system
(iv) Introduction of partial design for a set of designs
(v)  Change to protection period for design rights-25 years from the
     application date
(vi) …..
                   (Present related design system)

                                                                                              [a set of buildings
                                                                                              for a partial design]

                                                                           [a set of vehicle and display image]

                           STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
                                   (registered)      (registered)       (’Revision of the Design Act’ of JPO)
Variety of strategy by considering the
                              Revised Design Act
[Partial design] X [Related design]

                                                               Reg.No.1286748
         [Sanitary Mask]
  Principal design
                                Reg.No.1286747
                                                                                     Reg.No.1286750

                                                  Reg.No.1286749            Related design
             Reg.No.1286491

                     [Partial design] X [Graphical image]
                           [Partial design] X [Building and interior design]
                                            [Partial
                             STRENGTHENING THE PRACTICEdesign]    X [a set
                                                       OF THE INDEPENDENT     of designs]
                                                                          IP ATTORNEY
                                                                                            …..
PARTIAL DESIGN PROTECTION IN JAPAN

                 THANK YOU!

       STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
SPEAKER

             Jürgen Buchhold
  FICPI – Reporter, CET 2: Designs // Partner, Olbricht Patentanwälte

STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
CET Group 2 – Industrial Design

   FICPI Webinar
Partial Design Protection

        25 November
            2020

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                                            www.ficpi.org
CET Group 2 – Industrial Design

Partial Design Protection in Europe
How the EUIPO deals with Partial Designs

Jürgen Buchhold

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                                                     www.ficpi.org
CET Group 2 – Industrial Design

Definition of an Industrial Design
according to COUNCIL REGULATION (EC) No 6/2002 (CDR)

Art 3 a) CDR

“Design” means the appearance of the whole or a part of a
product resulting from the features of, in particular, the
lines, contours, colours, shape, texture and/or materials of
the product itself and/or its ornamentation.

 CDR explicitly permits the registration of Partial Designs

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                                                                 www.ficpi.org
CET Group 2 – Industrial Design

Conditions with which applications must comply
according to COUNCIL REGULATION (EC) No 6/2002 (CDR)

Art 36 (1) CDR:

An application shall contain:

a representation of the design suitable for reproduction.

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                                                                 www.ficpi.org
CET Group 2 – Industrial Design

Representation of the Design
according to COMMISSION REGULATION (EC) No 2245/2002 (CDIR)

Art 4 (1) CDIR:

The representation of the design shall consist in a graphic or
photographic reproduction of the design, either in black and
white or in colour.

Art 4 (2) CDIR:

A maximum of seven different views can be filed in order to represent the design.

The views may be plan, in elevation, cross-sectional, in perspective or exploded.

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                                                                                          www.ficpi.org
CET Group 2 – Industrial Design

Representation of the Design
according to COUNCIL REGULATION (EC) No 6/2002 (CDR)

Art 36 (2) CDR:

The application shall further contain

an indication of the products in which the design is intended
to be incorporated or to which it is intended to be applied.

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                                                                   www.ficpi.org
CET Group 2 – Industrial Design

Representation of the Design
according to COUNCIL REGULATION (EC) No 6/2002 (CDR)

Art 36 (3) CDR:

The application may contain

a description explaining the representation or the specimen.

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                                                                www.ficpi.org
CET Group 2 – Industrial Design

Representation of the Design
according to COUNCIL REGULATION (EC) No 6/2002 (CDR)

Art 36 (6) CDIR:

The information contained in the […] description shall not affect
the scope of protection of the design as such.

 A description is allowed, but has nothing to say, not even about
  a specific part of a design to be claimed or not to be claimed

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                                                                     www.ficpi.org
CET Group 2 – Industrial Design

How to claim a Partial Design at the EUIPO?

 There are no terms or rules within CDR and CDIR as how to claim
  a specific part of a design

 Neither the CDR nor the CDIR provide rules for the possibility of
  providing a statement to disclaim any exclusive right to one or
  more features disclosed in the representations of the design

 A description?
  Not really helpful due to the exclusion from the scope of protection

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                                                                 www.ficpi.org
CET Group 2 – Industrial Design

Who can help?

The EUIPO’s current design practice is reflected in a series of
Guidelines for Examination that are intended to help users and
staff in charge of the various procedures

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                                                                www.ficpi.org
CET Group 2 – Industrial Design

The Design Guidelines

 Result of the Common Communication for the CP6 Convergence
  Project on Graphic Representation of Designs
 Working Group composed of 23 participating IP Offices, 5
  observers, 2 User Associations and the EUIPO
 Started in November 2015
 The result was published as the Common Communication in
  April 2016
   (see https://euipo.europa.eu/tunnel-
   web/secure/webdav/guest/document_library/contentPdfs/about_euipo/who_we_are/common_commun
   ication/common_communication_7/common_communication7_en.pdf)

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                                                                             www.ficpi.org
CET Group 2 – Industrial Design

Implementation

The following Countires have implemented the Common Practice:

BG, BX, CY, CZ, DE, DK, EE, ES, FR, GR, HU, HR, IE, IT, IS, LT, LV, NO, PL, PT,
RO, SI, SK, (UK), TR, OHIM/WIPO, EUIPO (27 Offices)

From the EU are missing: AT, FI, SE, MT

LATEST NEWS

Georgia (Sakpatenti) has implemented the Common Practice in March 2020
 Sakpatenti is the first non-EU intellectual property office implementing the Common Practice

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                                                                                      www.ficpi.org
CET Group 2 – Industrial Design

The Design Guidelines

 IMPORTANT: the Guidelines are not legal acts, but self-imposed
  rules of conduct adopted by an administrative decision

 EUIPO issues a revision of the Guidelines on a yearly basis

 Current Version for Designs:     1.2

 Entry into force:                01/02/2020

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                                                                www.ficpi.org
CET Group 2 – Industrial Design

How to claim a Partial Design?

Chapter 5.3 of the Design Guidelines:

In accordance with the Common Practice (CP6),
Visual Disclaimers indicate that protection is
not being sought, and registration has not been
granted, for certain features of the design
shown in the representations                                           RCD 000 229 752-0001

 We need a Visual Disclaimer to define and claim a Partial Design

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                                                                   www.ficpi.org
CET Group 2 – Industrial Design

How to claim a Partial Design?

 A visual disclaimer indicates what
  is not intended to be protected

 Disclaimers must be apparent from
  the representation of the design
  itself                                                        RCD 002 322 644-
                                                                0001

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                                                                  www.ficpi.org
CET Group 2 – Industrial Design

How to claim a Partial Design?

 The disclaimer must be clear and obvious

 The claimed and disclaimed features must be
  clearly differentiated

 When the design is represented by more than
  one view, the visual disclaimer must be shown
  consistently in all the views where it appears

                                                                     RCD 000 244 520-
                                                                     0003

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                                                               www.ficpi.org
CET Group 2 – Industrial Design

How to claim a Partial Design?

The Visual Disclaimer is using
 Broken lines
  for indicating elements for which no protection is required
 Colour shading and blurring
  for excluding a number of features from protection
 Boundaries
  for outlining features of the design for which you do want protection

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                                                                www.ficpi.org
CET Group 2 – Industrial Design

How to claim a Partial Design?

Chapter 5.3 further rules:

Where a disclaimer is used, broken lines are recommended

Only when broken lines cannot be used due to technical reasons
(e.g. indicating stitching on clothing), other disclaimers can be used,
such as colour shading, boundaries or blurring.

 This is only a recommendation

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                                                                  www.ficpi.org
CET Group 2 – Industrial Design

Examples

Broken Lines

RCD 000 030 606-0005   BX 38 212-0001                               HU D99 00 409-0001

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CET Group 2 – Industrial Design

Examples

Colour Shading

   RCD 005 295 680-0009

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                                                     www.ficpi.org
CET Group 2 – Industrial Design

Examples

Boundaries

 RCD 001 873 688-0003   BX 38 212-0001

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                                                                    www.ficpi.org
CET Group 2 – Industrial Design

Any problems with Partial Designs?

Not in EUROPE!

Not really, just marginally.

Be careful when claiming a Priority of a foreign design
application or registration.

We have only 7 views of a design to be protected.

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                                                                 www.ficpi.org
CET Group 2 – Industrial Design

THANK YOU!

 RCD 001 125 355 -0001

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                                               www.ficpi.org
SPEAKER

               Stephen Perry
    FICPI – CET Group 2: Designs // Partner, PCKIP

STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
PARTIAL DESIGN PROTECTION IN CANADA

          Stephen Perry
           November 25, 2020
DEFINITION OF AN INDUSTRIAL DESIGN
design or industrial design means features of shape,
configuration, pattern or ornament and any combination of
those features that, in a finished article, appeal to and are
judged solely by the eye.

 NOTHING IN THE DEFINITION PROHIBITS PARTIAL DESIGNS
REGULATIONS RELATING TO DESIGNS
Rule 14 … a representation of the design must
•   (a) be sufficient to disclose the design fully, taking into
    account the name of the finished article and any
    statement under section 17 or 18; (see next slides)

THE DESIGN TAKES INTO ACCOUNT THE NAME OF THE ARTICLE
REGULATIONS RELATING TO DESIGNS
•   Rule 17 (1) Subject to subsections (2) to (4), an application is deemed to relate
    to all of the features of shape, configuration, pattern and ornament shown in the
    representation of the design…
•   (2) If the application contains a statement clearly indicating that it relates only to
    some of the features… or only to some or all of those features of a part of the
    finished article, then the application relates only to those features.
    DESIGNS CAN BE “PARTIAL” IN THAT THEY 1) RELATE TO ONLY SOME FEATURES
    (SHAPE, CONFIGURATION, PATTERN, ORNAMENT) OR 2) RELATE TO FEATURES OF A
    PART OF THE ARTICLE
REGULATIONS RELATING TO DESIGNS
•   Rule 17 (3) An application is deemed not to relate to a feature that is shown in
    the representation of the design in dotted or broken lines, unless the application
    contains a statement to the contrary.
•   (4) An application is deemed not to relate to a feature that is shown in the
    representation of the design by means of blurring or colouring if it is evident that
    the purpose of the blurring or colouring is to indicate that the application does not
    relate to that feature
    THE PARTIAL DESIGN CAN BE REPRESENTED USING BROKEN LINES OR
    BLURRING/COLOURING
REGULATIONS RELATING TO DESIGNS
•   Rule 18 An application may contain a brief statement describing the
    representation or the features of the design, but the statement must not describe
    a utilitarian function or a method or principle of manufacture or construction

    THE PARTIAL DESIGN CAN BE DESCRIBED USING A STATEMENT
EXAMPLE OF A STATEMENT

•   Finished Article: Table
•   Statement: The design is limited to the features of shape and configuration
    applied to the Table. The legs do not form part of the design
EXAMPLE OF USING BROKEN LINES

•   Finished Article: Glasses
•   Statement: Fig. 1.1 is a front elevated view of the Glasses.
    IT IS UNNECESSARY TO INCLUDE A STATEMENT INDICATING THAT THE BROKEN LINES
    DO NOT FORM PART OF THE DESIGN AS THIS IS DEEMED BY RULE 17(3)
EXAMPLE OF USING COLOURING

          Fig. 1.1     Fig. 1.2                   Fig. 1.3
•     Finished Article: Car
•     Statement:     Fig. 1.1 is a front view of the car;
                     Fig. 1.2 is a left perspective view of the car; and,
                     Fig. 1.3 is a right-side view of the car.
    IF IT IS NOT EVIDENT THAT THE PURPOSE OF THE COLOURING IS TO INDICATE THAT THE
    APPLICATION DOES NOT RELATE TO THESE FEATURES, A STATEMENT TO THIS EFFECT
    SHOULD BE INCLUDED IN THE APPLICATION.
EXAMPLE OF USING BLURRING

          Fig. 1.1             Fig. 1.2                 Fig. 1.3

•     Finished Article: Car
•     Statement:     Fig. 1.1 is a front view of the car;
                     Fig. 1.2 is a left perspective view of the car; and,
                     Fig. 1.3 is a left-side view of the car.

    IF IT IS NOT EVIDENT THAT THE PURPOSE OF THE BLURRING IS TO INDICATE THAT THE
    APPLICATION DOES NOT RELATE TO THESE FEATURES, A STATEMENT TO THIS EFFECT
    SHOULD BE INCLUDED IN THE APPLICATION.
USING BOUNDARY LINES
•    The Design Office will accept the use of boundary lines to define a boundary
     between the design and non-design portions of the article where the use of a
     statement of limitation, broken or dotted lines, colouring or blurring alone do not
     clearly show the design as applied to the article.
•    An accompanying statement should be included that the boundary line is used to
     define design and non-design portions of an article.
•    There are four types of acceptable boundary lines: 1) dot-dash, 2) coloured, 3)
     dotted and 4) broken.

    OTHER TYPES OF BOUNDARY LINES ARE ACCEPTABLE AS LONG AS THEIR PURPOSE IS
    CLEARLY DEFINED
EXAMPLES OF USING BOUNDARY LINES
                 DOT-DASH

•   Finished Article: Shoe sole
•   Statement: Fig. 1 is a bottom view of the
    shoe sole. The dot-dash boundary line does
    not form part of the design and is included to
    indicate that the design is limited to the
    features within its boundary.
                                                     Fig. 1.
EXAMPLES OF USING BOUNDARY LINES
               COLOURED

•   Finished Article: Shoe sole
•   Statement: Fig. 1 is a bottom view of the
    shoe sole. The coloured red boundary line
    does not form part of the design and is
    included to indicate that the design is limited
    to the features within its boundary.
                                                      Fig. 1.
EXAMPLES OF USING BOUNDARY LINES
                 DOTTED

•   Finished Article: Shoe sole
•   Statement: Fig. 1 is a bottom view of the
    shoe sole. The dotted boundary line does not
    form part of the design and is included to
    indicate that the design is limited to the
    features within its boundary.
                                                   Fig. 1.
EXAMPLES OF USING BOUNDARY LINES
                 BROKEN

•   Finished Article: Shoe sole
•   Statement: Fig. 1 is a bottom view of the
    shoe sole. The broken boundary line does
    not form part of the design and is included to
    indicate that the design is limited to the
    features within its boundary.

                                                     Fig. 1.
PARTIAL DESIGN PROTECTION IN CANADA

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