Protecting an entire product isn't always optimal. When the differentiator lives in a part — a chair's backrest curve, a car's grille pattern, a phone's camera-module layout — Korea's Design Protection Act partial design mechanism fits better. Scope is sharper, design-arounds are harder, and the same part appearing on a different product can still infringe.
What partial design protects
Per KIPO's partial-design guide, a partial design is "a design relating to part of an article." Instead of "the chair," you claim "the backrest portion of a chair." The format-level difference is in the drawings: solid lines for the claimed part, broken lines for the surrounding environment.
Four reasons to use partial design
- Differentiator lives in a part: backrest curve, grille pattern — "this part" is the brand identity
- Design-arounds get harder: copyists who change other parts still infringe if the key portion matches
- Cross-article copies caught: a partial "chair backrest" can reach an identical backrest on a bench
- Multiple variants in one filing: bundle seasonal variants of the same part as basic + related designs
Korean filing — title and drawings
The title field uses the article name itself ("chair", "automobile") — not the part name. "Backrest of a chair" in the title triggers a refusal or amendment. Scope restrictions live in the drawings, not the title.
Drawings: claimed part in solid lines, environment in broken lines. A recent amendment now allows colored drawings for clearer scope identification. Broken lines are interpreted as "environment for understanding the form" — courts compare only the similarity of the solid-line area during infringement analysis.
| Aspect | Whole design | Partial design |
|---|---|---|
| Scope | Entire article appearance | Appearance of a part |
| Drawings | All solid lines | Solid (claimed) + broken (environment) |
| Title | Article name | Article name (not part name) |
| Infringement comparison | Whole-article similarity | Claimed-part similarity only |
| Cross-article copies | Hard to reach | Reachable if part matches |
| Related-design grouping | By article | By part as well |
Solid, broken, color — what each means
Solid lines: the claimed portion. Shape, pattern, and color in this area drive the infringement analysis. Broken lines: surrounding environment. Variations in the broken-line region don't escape infringement. Color: distinguishes claimed vs. environment, or anchors a color claim within the claimed portion. Either way, the design description must state "the portion shown in solid lines is the part for which design registration is sought."
Korea / US / Japan side by side
| Aspect | Korea (KIPO) | US (USPTO) | Japan (JPO) |
|---|---|---|---|
| Partial expression | Solid + broken + color allowed | Broken lines standard | Broken lines + transparency / surface notations |
| Title | Article name | Article of manufacture | Article name |
| Required statement | "Solid-line portion is the claim" | Specification statement required | Similar statement required |
| Hague compatibility | Member, broken lines accepted | Member, accepted | Member, accepted |
| Term | 20 years from filing | 15 years from grant | 25 years from filing |
Hague + partial designs
Korea, the US, Japan, and the EU are all Hague Agreement members and accept broken-line conventions. A Korean partial-design filing extended via Hague yields the same broken-line scope across the four — efficient for global protection. Note that terms differ (US 15, Korea 20, Japan 25 years), so renewal calendars are managed separately.
Pre-filing checklist — five items
- Identify the key part: align with marketing/product teams on what "the brand identity portion" actually is
- Drawing consistency: solid/broken treatment must match across all six views and any perspective view
- Sufficient environment: too little broken-line context makes it hard to read "position and proportion"
- Design description: state "the solid-line portion is the part for which registration is sought"
- Related-design groups: bundle variants sharing the same part as basic + related designs
- Korean term
- 20 years from filing
- Drawings
- Solid + broken color now allowed
- Title format
- Article name not the part name
- Hague availability
- KR / US / JP / EU all
- Partial-exam eligibility
- Class-dependent Locarno 9 etc.
Frequently asked questions
Can I claim multiple separate parts in one application?
The claimed portion in one application must generally be a single connected region. Two disconnected parts (e.g., a car's grille and tail lamps) trigger a single-design objection. Cover both via separate applications. Within a single connected region, you can include sub-areas.
Can I file the whole design and a partial design separately?
Yes, but watch the self-prior-art problem: if filing dates differ, the later filing's earlier sibling can become anticipatory prior art. Filing both on the same day is the safest path. The 12-month self-publication exception offers some recovery but is procedure-heavy.
Do broken-line areas affect scope?
In principle no — variations in broken-line areas don't escape infringement. But courts often read "position, size, and proportion" of the claimed part in relation to the environment, so unusual broken-line variations can occasionally weaken the "same part" finding. Keep typical environments in broken lines for predictability.
File a Korean partial design with iphere
Identify the key part, build consistent solid/broken-line drawings across views, bundle related variants, and extend via Hague.