Filing a design patent in India requires a thorough understanding of the process and requirements. We at Vakilsearch attempt to bring to you the step-by-step process of filing a design patent in India, including conducting a prior art search, preparing and drafting the application, choosing the appropriate category, filing the application, publication and examination, and finally, the grant of patent.
Design Patent Classes
Design patents are categorised into classes based on their style, with India utilising the Locarno Classification, which includes 32 distinct classifications covering various design styles such as furniture, clothing, and cars. Choosing the correct class is crucial when submitting a patent application to ensure maximum protection, as the class determines the extent of your design’s protection. In India, filing for a design patent involves conducting a novelty search, preparing detailed drawings or representations of the design, providing a description, and filing the application with the Indian Patent Office, specifying the appropriate class. The application then undergoes examination, and upon meeting all requirements, the design patent is granted, providing exclusive rights for a specified period. Let us read more on How to File Design Patents in India.
How to Do a Design Patent Search?
To protect your design, you must search existing patents first. It ensures your design is unique and meets India’s patent requirements. Use the Indian Patent Office’s website or hire a patent attorney to conduct a thorough patent search before filing.
Steps in Getting A Patent
Step 1: Conduct a Prior Art Search
As mentioned earlier, conducting a prior art search is a crucial first step in the design patent application process. It helps you identify existing designs that may affect the novelty and uniqueness of your design. If any similar designs are found, you may need to modify your design to make it distinct and novel.
Step 2: Prepare and Draft the Application
After you search for similar designs and confirm yours is new, make a design patent application. This includes drawings and a written explanation of your unique design features. Accurate description is crucial for proper protection.
Step 3: Choose the Appropriate Category
Choose the right design patent class. Specify the class in your application for design protection. It’s important.
Step 4: File the Application
After you prepare your design patent, you must file it with the Indian Patent Office. You can choose to file it online or offline. You need to pay the required filing fees and submit all the necessary documents and information correctly to avoid delays or rejections.
Step 5: Publication and Examination
After filing the design patent application, it undergoes a formal examination process by the Indian Patent Office. The examination includes checking for compliance with the formal requirements, such as drawings, descriptions, and other formalities. If the application is found to be in compliance with all the requirements, it is published in the official Patent Journal. The publication provides an opportunity for third parties to review the design and raise any objections if they believe it lacks novelty or originality.
Step 6: Grant of Patent
The Indian Patent Office issues a design patent if no objections are voiced during the publication and examination procedure and the design is determined to be original and unique. Subject to the payment of yearly renewal fees, the award of a patent gives the owner exclusive rights to the design for ten years following the date of application.
Design Patent Application Process
- Fill out the design patent application form completely, including all necessary information about the applicant, the design, and other pertinent factors.
- Online or offline, submit the filled-out application form and all required materials, such as design drawings and specifications, to the Indian Patent Office.
- When submitting the application, pay the necessary filing fees. Various elements, including the type of applicant and the number of submitted drawings, may affect the fee.
- After filing, the design patent application is made available to the public for evaluation by publishing it in the official Patent Journal. The Indian Patent Office will then examine it to assess its novelty and originality.
- If any objections are brought up during the examination process, the applicant must address them by making the required changes to their application or by offering the proper justifications.
- A patent is granted if no objections are voiced or if they are overruled by the Indian Patent Office. After that, the owner has sole ownership of the design for ten years following the filing date, provided that yearly renewal payments are paid.
- To keep the design patent valid for the duration of its term, it’s crucial to pay the yearly renewal payments on time.
Design Patent Status Check
Intellectual Property Patenting – Regularly check your design patent application status during the application process. Use online tools and resources provided by the Indian Patent Office to track it. Staying updated on the progress of your application, responding to objections or queries, and complying with requirements can all be ensured by checking the status regularly.
How Much Does a Design Patent Cost?
The cost of filing a design patent in India includes various fees, such as filing fees, publication fees, and examination fees, among others. The fees may vary depending on factors such as the type of applicant (individual, small entity, or large entity), the number of designs being filed, and the mode of filing (online or offline). It is advisable to consult a professional patent attorney or review the official fee schedule of the Indian Patent Office to get an accurate estimate of the total cost involved in filing a design patent in India.
Conclusion
In conclusion, design patent classes play a vital role in categorising designs based on their style and features. By utilising classification systems like the Locarno Classification, such as in India, designers can ensure that their patents are properly categorized for maximum protection. Selecting the appropriate class is essential as it determines the scope of protection for the design. Understanding and correctly applying design patent classes are crucial steps in safeguarding intellectual property rights and promoting innovation in various industries. Get in touch with our Vakilsearch experts and clear your queries. We can guide you and help you file a design patent.
FAQs
Can I file a design patent application for multiple designs in the same application?
It is possible to submit a single design patent application for a number of designs as long as they fall under the same category and share a similar feature or topic.
How long does it take in India to get a design patent?
Depending on the complexity of the design and the workload of the Indian Patent Office, the process of getting a design patent in India might take anywhere from 12 to 18 months from the date of filing.
What happens if I receive an objection to my design patent application?
If your design patent application is challenged, you will have the chance to react by making the necessary justifications or alterations to the application to satisfy the challenger.
What is the cheapest way to patent a design?
The most cost-effective way to patent a design is typically through filing a provisional patent application. This provides temporary protection for your design while you gather resources and refine your invention before filing a full patent application.
How can I protect my design without a patent?
You can protect your design without a patent by utilizing other forms of intellectual property rights such as copyright or trademark. Additionally, maintaining confidentiality through non-disclosure agreements and implementing robust contractual agreements with partners and manufacturers can also help protect your design.
How much does it cost to patent a design?
The cost of patenting a design can vary depending on factors such as the complexity of the design, the country in which you are filing, and whether you use an attorney
Can you patent an existing design?
No, you cannot patent an existing design that has already been publicly disclosed or is already in use. However, you may be able to make improvements or modifications to an existing design that could be eligible for patent protection.
Why is a patent so expensive?
The cost of obtaining a patent is attributed to various factors, including government filing fees, attorney fees for preparing and prosecuting the patent application, and expenses related to conducting prior art searches and drafting the patent specification and claims.
What is the most valuable patent?
Determining the most valuable patent can be subjective and depends on various factors such as the technology, market demand, and potential for commercialisation. However, some patents that have had significant impact and value include those related to groundbreaking inventions like pharmaceuticals, electronics, and telecommunications.
