1. Summary
In Japan, the protection of graphic images on screen was limited as compared with the protections in the United States, Europe, and Korea: only "a graphic image recorded in an article in advance" (a graphic image incorporated into a device) was deemed as the subject matter of design registration, while "a graphic image recorded in an article later" and "a graphic image displayed by installing software in a computer, such as a personal computer" were excluded from the subject matter of design registration. Specifically, a graphic image of OS in a general purpose machine, a graphic image of application software, a graphic image of a webpage, a graphic image of game software and the like, were excluded from the subject matter of design registration.
In modern society, devices whose function can be updated ex post have been increased, and electronic equipment, such as smartphone and tablet computer, has been widely spread. However, the current Design Examination Standards do not satisfactorily protected the designs of the graphic images displayed on these devices.
In this situation, the Design Examination Standards has been revised this time to relax the requirements for design containing graphic image, in order to adapt the operation of the design examination to the change of the society.

2. Points of Revision
1) The previous Examination Standards that required a graphic image to be "recorded in advance" in an article has been relaxed, and regardless of the timing of the recording, a graphic image has been recognized as a "design" integrated with an article, by means of the fact that it is "recorded" in the article. Such a graphic image has been deemed as the subject matter of design registration. In other words, a graphic image updated ex post, and a graphic image of application software installed ex post, has also become the subject matter of design registration.

2) As a new concept of article, a graphic image recorded in a computer by installing software realizing a specific function has been recognized as an article to the design "computer with XX function", and has become the subject matter of design registration.

3) Graphic images shown below still continues to be excluded from the subject matter of design registration
(i) Graphic image based on signals from outside of an article

*A graphic image used between computers via a network or an external server, for example, "graphic image of website", "graphic image of TV program" and "software graphic image used via internet", is excluded from the subject matter of design registration.

(ii) Graphic image recorded in a recording medium connected to or inserted into an article

(iii) Graphic image of content which is independent from the function of an article

3. Important Points at the Time of Filing an Application
1) Section of "Description of Article to the Design" in an application form
(i) If an article to the design belongs to none of the classifications specified by Ordinance of the Ministry of Economy, Trade and Industry, the purpose of use, the state of use and the like should be described.
(ii) Specific purpose and function of the graphic image should be described.
(iii) When a graphic image is displayed on another display device to be used in an integrated manner (e.g. graphic image of a DVD recorder operation is displayed on a TV monitor), it should be described to the effect that the article to be used in an integrated manner is a display device.

2) Drawings
(i) When a graphic image is displayed on a display part that the article itself has, not only the graphic image, but also a set (generally 6 side views) of drawings depicting the entire configuration of the article to the design is necessary.

(ii) When a graphic image is displayed on another display device to be used in an integrated manner, a drawing depicting the graphic image displayed on the display device used in an integrated manner with the article should be described with the indication of [Image view]. In this case, a set of the drawings showing the entire configuration of the article to the design can be omitted entirely or partially.

4. Subject matter to which this revised standard is applied
This has been applied to applications for design registration filed on or after April 1, 2016.

1. Summary
Recently, more money has been invested in the creation of designs containing graphic images. The purpose of the Design System is to protect and use designs at a certain creation level with novelty, and thus it is important to place graphic images created by ordinary techniques out of the design right protection as many as possible and allow free use by those skilled in the art.
In this situation, the Examination Standards have been clarified with respect to the determination whether designs containing graphic images are easily created.

2. Points of Clarification
1) Logical organization upon determining the easiness in creation is clearly described
Regarding the mode of configuration of designs containing graphic images, the followings are to be determined:
- whether the basic constituent elements had been publicly or widely known before the application in question was filed;
- whether those constituent elements are used almost as-is, or to a degree that only ordinary modification in the art is added; and
- whether those constituent elements are simply combined as an ordinary technique in the art, or whether the entire or a part of those constituent elements is merely replaced.

2) Range of knowledge of judging entity (those skilled in the art) is clarified
Those who have the following knowledge at the time of filing an application for design registration:
- common knowledge about the design in the art of the production and sales of the article to the design of the present application, and
- common knowledge about the design regarding the graphic image, regardless of whether the knowledge belongs to the field of the present design and the article to the design.

3) Matters that can be taken into consideration for evaluating the idea and originality of the design are clearly described
- When the design is recognized to have an idea or originality based on unique creativity from the viewpoint of those skilled in the art which appears as a visual feature of the present design, such a matter is also taken into consideration.
- Where the description of a feature or argument are to be taken into account, only the description falling under the scope derived from the originally filed specification and drawings are to be taken into consideration.

3. Examples of Ordinary Modification and Ordinary Technique in the Art
1) Examples of ordinary modifications
(i) Changes made to detailed designs, such as rounding of a rectangle corner part, addition of shades to make 3D shape, placement of gaps between constituent elements, changes in the width of gaps, and introduction of the pull-down function.

(ii) Simple addition of colors, such as shade in each compartment, shade based on functions

(iii) A mere combination of the above-mentioned (i) and (ii).

2) Examples of ordinary techniques
(i) Replacement

(ii) Aggregation

(iii) Change of layout

(iv) Change of the component ratio or the increase or decrease of the number of units of a continuous constituent element

(v) Use or diversion of a continuous constituent element beyond the framework of article

(vi) Change of the mode of frame division

(vii) Deletion of organized compartment elements

(viii) Addition of existing modification

(ix) Mere combination of the above-mentioned (i) - (viii).

4. Subject Matter to Which This Revised Standard is Applied
This has been applied to applications for design registration to be examined on or after April 1, 2016.