Shoe designs require legal protection owing to the high chances of minute concepts getting stolen. In this blog, we have provided the step-by-step process for getting shoe design patents in India.
How To Patent A Shoe Design in India?
Eventually, many scientific concepts and innovative ideas are implemented to design a particular shoe type. The fact is evident whenever you come across a pair of elegant heels, lounge-friendly Crocs, or the fanciest gym shoes. All these exclusive products are protected using exclusive ownership rights via patenting.
The shoe industry presents cutthroat rivalry, and no single manufacturer is willing to stake their innovations, disregarding the possibility that their ideas might get stolen by a direct competitor. If you believe your invention is something new, get hold of the suit and go for patent protection.
Can You Acquire Shoe Designs Patents?
All we need to respond to the question above, but we will provide you with supportive statements. If you are dealing with shoes, two kinds of patents may be secure. The first is a design patent, and the second is a utility patent. Acquiring patents gives you the authority to restrict someone from selling, manufacturing, and gaining a fortune from your exclusive shoe design.
To understand whether you hold the chances of securing shoe design patents or not, make sure that the specific category of shoes offers a unique design or functionality. The next thing is to search and check that there was previously no individual who had introduced similar innovation.
Once these things are confirmed, proceed with your patent application journey. You should review the application’s status to respond quickly to any message the Indian patent office forwarded.
Once the Provisional Patent Process request is granted, legal protection is assured to the business for a limited time, after which the application needs resubmission, followed by due renewal. Once the inventor owns patents for shoe designs, he can earn revenue by extending licensing rights to any reputed shoe manufacturer.
How to Patent Your Shoe Design?
Are you planning to acquire a patent for your new shoe design? If yes, then we recommend you to save everything you are performing now and the events that have taken place previously as well, for example, any illustrations of the shoe design, notes describing the manufacturing process, or the testimonial of subjects who have discussed with you regarding the shoe design and functionality.
All such inputs must be protected in a secured place. This is essential as all these small pieces of information will solidify your chances of getting approved while filing the necessary application. Any prototype, if it exists, must be photographed, and a relevant hardcopy must be kept to validate the manufacturing process.
Extra caution is appreciated in these cases as suggestions are given to date these photographs and get them signed by an authority. At least two people must witness all these events. It is better to select the witnesses from a community who does not care about your business proceedings.
Significance of Shoe Designs Patents
An exclusive design patent safeguards an original ornamental innovation for your product from direct competitors in the global market. The inventor is allowed to place a single claim per patent application. If someone wishes to propose more than one design element in front of the jury and request the patent rights of the same, he must file multiple applications.
The creator’s formal request must consist of a title followed by a conceptualised point description. This description can portray illustrations of a specific design. A Design Patent must ensure that the proposed design is novel and non-obvious. The subject matter mentioned in the patent file must be authentic.
The patent owner can enforce a lawsuit whenever he feels that another shoe closely matches the design that he has received a patent. This type of design patent helps retain the uniqueness of your product’s style; it also has a role in how the customer feels wearing the shoes on their feet.
Significance of Shoe Utility Patents
A utility patent emphasises the overall functionality and structure of the shoe. This patent acquisition category is considered a “stronger” safeguarding tool against shoe design patents. When talking about shoes, we need to understand the significance of both the patents, as one must acknowledge that shoes are both fashionable and performance-oriented products. Even People Can look for the Permanent Patent Draft Online.
A utility patent comes into force when the inventor feels the necessity to protect the process of shoe manufacture. This is done to restrict the copycats from introducing shoe varieties that are mere modifications of the protected items. For example, a utility patent justifies a high heel that presents an adjustable heel. The term of the patent safeguards the shoe’s functionality on how it adjusts the height. The advantage of a utility patent is that an inventor can claim more than one demand in a single patent.
How Long Does a Shoe Patent Remains Valid in India?
Shoe design patents last for 15 years, beginning from the approval date declared by the Indian patent office. On the other hand, utility patents remain valid for 20 years from the day the patent examiner accepts your application.
In the shoe industry, both categories have their importance. Thus, their clauses must be addressed cautiously by the creators who wish to introduce their innovations in this sector and, at the same time, protect the intellectual materials from theft. While utility patents are liable for protecting more than one claim put forward by the applicant, design patents only serve as protection for one design pattern.
Examples of Shoe Patents
Christian Louboutin has the patent for their popular heel designs that create a fashion statement. The instantly distinguishable red bottoms resemble a safeguarded design characteristic. There is a condition attached to the expanse of protection as the outer red sole is unique only if it expresses a contrast against the colour featured by the upper half of the shoe.
Therefore if any other manufacturer launches shoes having a red sole, they probably will not violate the patent terms. Nike company owns around 6000 patents, one of which serves as protection for its popular FlyKnit technology. This mechanism refers to the lightweight woven fabric we often come across in their high-end sneakers. The brand first filed a complaint against Adidas, claiming that the latter had copied their fabric usage policies to a considerable extent.
Conclusion:-
If you wish to garner profit margins through an irreplaceable innovation in the shoe industry that you are confident is unique, you must patent that product to safeguard the item for a limited time.
For that, first, you need to analyse whether similar trends already happen to exist in the market or not. If the answer is negative, proceed with your patent application roadmap following the tips shared with you in this blog.
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