Design Patent

Design Patent: An Overview

A design patent is a type of legal defence for the distinctive aesthetic features of a produced good. If the product has a distinctive configuration, distinctive surface decoration, or both, a design patent may be obtained. In other words, a design patent safeguards an object's attractive design while preserving its functional utility. For design patents, the period of patent protection begins 14 years after the patent was awarded. For plant patents, the period of patent protection begins 17 years after the patent was issued.

Famous Design Patents in the World

Statue of Liberty

The renowned Statue of Liberty's creator, Frederic Auguste Bartholdi, received the design patent for his masterwork in 1879, enhancing both a national landmark and a symbol of freedom and democracy around the world. The woman holding the torch and the book in this illustration stands for wisdom-related qualities.

The full-size statue that now towers over Liberty Island was also covered by the design patent, which allowed for exclusive revenues from modest reproductions of the statue. The 151-foot-tall statue was created in 1886 and given to the United States as part of a celebration of the Declaration of Independence's 100th anniversary.

Bluetooth

A peer-to-peer information exchange for mobile communications is Bluetooth. In 1994, Jaap Haartsen created Bluetooth, a technology that enables electronic devices to communicate with one another through low-power, ultra-high-frequency radio waves. He created a number of Bluetooth-related patents, however, they have been hindered by legal actions and patent trolls.

iPhone

Apple's original iPhone patent is described as an ornamental design of an electronic device and is simply referred to as an electronic device. The core design of the iPhone has successfully changed the appearance and functionality of a gadget that many people use every day, despite the fact that it was not the first smartphone nor the first phone to connect to the internet.

Benefits of a Design Patent Over Utility Patents

• Applications for design patent have typically had a greater success rate than those for utility patents
• Applications for design patents are reviewed more quickly than those for utility patents. Utility patent applications often take two or three years to process, while design patent applications can sometimes be considered and approved in just one year. Consequently, you can patent your product more quickly
• The design patent performs at its best if the design is crucial to the product's sale. For exterior replacement parts when owners want the exterior to resemble the original, design patents are excellent (e.g., vehicle replacement parts).

Checklist Search Criteria for Design Patent Indian Database

Understanding the criteria given below is a great starting point for searching existing design patents.

• Key String - This is a type of keyword or word combination search, where words can be in the headline or title or description of the product design.
• Assignee - Searching for the assignee or holder of a patent, such as Microsoft or Samsung, is a great limitation criterion.
• Patent Classification - Using the proper class action for a patent, can limit the field of search. For example, the Locarno Classification which is recognised as the international classification for modern and industrial design.
• Inventor - If you consider that a particular inventor may have used a related design in the past, you can limit your search to specific inventors.
• Citation - If you believe that a particular type of product is the genesis for many similar designs, you may limit the search by citations to the prior design.
• Date - Searching for a date can be very helpful. This is especially true if a design would have been more successful or likely of use during a detailed period of time.

Requirements for Registering a Design Patent

• Two copies of six images of the front, rear, top, bottom, left side, right side, and perspective view of the article or an invention
• Correct the name and address of the applicant
• Legal status or a statement of the applicant, whether the applicant is an individual, company, etc
• The requisite official fee for the design application
• The class in which the design is to be designated and the articles to which the design is to be implemented
• The plan for which the article is to be utilised
• A brief description of the novelty of the application along with the representation sheets.

Registration Process of Design Patent in India

Step 1: Write down the invention, idea or concept with the correct details, such as

• Area of invention
• Description of invention
• How it works
• Advantages of the invention

Step 2: Include drawings, diagrams or sketches explaining the working of the invention

The drawings and diagrams should be created to demonstrate the working of the invention in a better way with visual illustrations. They play a crucial role in patent application.

Step 3: Verify whether the invention is patentable subject matter

All inventions may not be patentable, as per the Indian act certain inventions are patentable in detail.

Step 4: Patentability Search

Let’s find out whether your invention meets all patentability criteria as per the Indian patent act such as

• The invention should be the patentable subject matter
• It should be novel
• It should be non-obvious
• The invention should have an industrial application
• And it should be enabled.

Step 5: Decide whether to go ahead with the patent

The patent reports and views help decide whether to go ahead with the patent or not, chances are what was thought as a novel idea might already be patented, and known to the public in some form of knowledge. Hence, this report saves lots of time.

Step 6: Draft or write a patent application

If you are in the early stages of inventing an idea, you can opt for a provisional patent application. It has the following benefits:

• It secures a filing date
• 12 months to file complete specifications
• Low cost

Filing a provisional patent is an optional step. If you are in a stage where you have the entire information about your invention then you can instantly opt to provide complete specifications.

Step 7: Publication of the application

If an application is filed, the patent will be published after 18 months. If you do not wish to wait for 18 months from the date of filing, an early publication request can be made along with the prescribed fees.

Step 8: Request for examination

The application will be examined only after getting a request from the Request for Evidence (RFE). Receiving this request, the controller gives your patent application to a patent examiner who examines the patent application with different patentability criteria which we have discussed in the above steps.

Step 9: Respond to objections

Based on the examination report, most patent applicants will receive some form of objection. To sort this issue, analyse the report with patent professionals and prepare a response to the objections raised in the examination report.

The communication between the controller and patent applicant is to ensure that all objections raised in the patent applications are resolved.

Step 10: Grant of patent

If the application ID meets all the patent requirements, the application will be placed for the grant. The grant of the patent will be notified from the patent journal which will be published from time to time.

Documents/ Information Required for Design Patents

• Name, nationality and address proof of the applicant.
• Patent drawings or photographs in various views.
• Power of Attorney (can be extended within a month from the date of filing).
• Certified copy of the priority application (within a month from the date of filing).

Why Vakilsearch?

For design patents there are numerous steps for which our Vakilsearch legal assistants will assist you. Here are a few unique features which make our legal team the best!

• Our experts fill the Form 1 that is required
• Cross-check the information
• Faster verification of documents
• Chat assistance from the beginning to end
• Best quality service at affordable prices.