If you are looking to register your design, this article is for you. Now learn everything about Registration of Industrial Design in India!
The registration of industrial designs in India is a two-step process. In the first step, the applicant submits their design to the intellectual property department under the design wing. In the second step, if the application is approved, the applicant gets patent rights for their design. There’s more to it than that; in some cases, manufacturers may also receive government incentives from the government on their behalf. Let’s take a look at each of these steps and how you can make sure your product’s ID is registered with ease.
What Is Industrial Design?
According to the Designs Act, 2000, an Industrial Design is defined as the shape, arrangement, colour, or combination of lines, colours, or shapes applied to any product whether made of two-dimensional or three-dimensional materials, whether mechanical or chemical, that is processed or combined by any method, whether manual, mechanical, or chemical, to appeal only to the eye.
What Are the Documents Required for Registering a Design?
Every patent application must be submitted to the Indian Patent Office with the following information:
- The full name, address, nationality, and the name of the invention
- An affidavit
- A power of attorney
- Any prioritisation documents
- The class and subclass of goods for which the patent is sought
- The filing fee.
The applicant may submit the priority document with an extension of one to three months with the payment of the official fee if it is not submitted at the time of applying. If the priority document is not in English, a certified English translation thereof must also be filed. The design application claims that Indian conventional priority is non-extendable for six months. The Power of Attorney must be provided at the same time as the design application is filed in India.
What Are the Criteria for the Registration of an Industrial Design in India?
A design must comply with the Design Act, 2000 to be registered and protected under the Act. Designers must satisfy the following requirements:
- A design must not have been used or published before the date of application of registration
- A design must consist of shapes, patterns, configurations, compositions, and ornaments
- It may only be appreciated with the eyes
- A design should not include artistic works, trademarks, or property marks
- Significant differences must exist between your design and other designs that have already been registered
- Despite slight differences, similar designs or designs with a likeness to existing designs are not considered eligible for registration.
How to Register an Industrial Design in India?
First, it is important to note that the application to register a design may be filed with five different government departments:
Controller’s Patents Office in Kolkata, Delhi’s Patent Office, Ahmedabad’s Patent Office, Mumbai’s Patent Office, and the Chennai Patent Office. When an application is routed to the controller’s Patents Office anywhere, the following procedure applies:
- There are several requirements to be fulfilled to apply for a patent
- Name of the applicant, address, nationality, and if it is a company or not (i.e. a person) must be included
- You must include information about the place of incorporation and legal status of the entity in the case of a company or a person.
- The required fee is applicable
- Every class of registration must have a separate application
- The statement of disclaimer or novelty must be attached to each representation about mechanical processes, trademarks, numbers, letters, and so on
- It must also be endorsed and signed and dated on each representation by the applicant or the authorised person on behalf of the applicant.
More than half (90%) of applications are rejected at the examination stage because of formality issues, while only a few applications are rejected on substantive grounds such as originality and significance.
Benefits of Registering the Design
The design is the property of the designer and may only be sold, transferred, or licensed by the designer. If a third party violates your work, you may file a lawsuit. In an infringement case, the work may be considered probable evidence of infringement.
Benefits for Customer on Registered Designs
It’s very important to register your industrial designs because they have visual appeal and may be commercially exploited and marketed to any section of society. It may be sued for infringement, in which case the design may be licensed instead of money or royalty. Industrial usage and application are more common than copyright in the design industry.
What it Protects
- Original works are those created entirely by the artist
- Beauty values are those associated with the form, pattern, or design itself
- The shapes, configurations, patterns, ornaments, or compositions of figures and colours can be 2D or 3D
What it doesn’t Protect
- Any design that has been officially released is in the public domain
- The same design may exist in different classes
- Offensive and obscene works, literary or artistic works, tangible or applied-to merchandise, are excluded
- There may be minor alterations
How Vakilsearch Can Help in Registering Your Design
Vakilsearch wants to make the legal hassle less so that you can focus on your business while we take care of the rest. To have your design registered in 2 months, follow these simple steps:
- Reach out to us!
- Our experts at Vakilsearch will assist you with the preparation of your design registration with ease and with minimal effort
- We will assist you with the preparation of the design registration application, and a power of attorney will be sent to allow us to prepare it on your behalf
- We will send the necessary documents and get a design number You may follow the status of your application through the design number.
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