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Following the previous post, I explain how to make a certificate of exception to lack of novelty today.
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What should be written in the certificate?
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In short, it’s sufficient if the document indicates and proves that the reason of lack of novelty meets the requirements to enjoy the benefit of exception to lack of novelty.
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Is there a prescribed format for the certificate?
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Actually no.
But, I can introduce the following examples to be written in the certificate.
Contents
In the case that the design was published by exhibition
- Name of exhibition
- Organizer of exhibition
- Date of exhibition
- Place of exhibition
- Name of person who exhibited the design (it should be a person having the right to obtain a design registration of the design.)
- Pictures, drawings etc. showing the exhibited design
In the case that the design was published by selling
- Date of selling
- Place of selling
- Name of person who sold the article having the design (it should be a person having the right to obtain a design registration of the design.)
- Pictures, drawings etc. showing the article
In the case that the design was published by publication
- Name, volume number and issue number of publication
- Date of publication
- Name of publishing office
- Number of page showing the design
- Name of publisher (it should be a person having the right to obtain a design registration of the design.)
- Copy of the pages showing the design
In the case that the design was published through the internet
- URL and copy of the top page of website including the page showing the design
- URL and copy of the page showing the design
- Date of publication
- Name of publisher (it should be a person having the right to obtain a design registration of the design.)
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Furthermore, please be noted that the certificate should be signed by a third party to authenticate.