Industrial Designs


The design elements applied to or configuring an article renders an aesthetic look that influences its preference by the end market. Today in particular, companies protect with zeal the design lines that add value to their products and plays a vital role in today’s competitive market. These design elements are valued and protected on territorial basis.

In India, The Design Law is governed by the Designs Act, 2000. The old Design Act, 1911 was repealed by the Designs Act, 2000. Designs Act is administered at all the Patent Offices in India. Previously, Design Act was only administered by the Patent Office, Kolkata, being the Head office. Presently, design applications are e-filed and post filing procedures are carried out by the Patent Office, Kolkata.


Design processes:

  1. Search

    Manual Search through Journals and online. Online search can be conducted at http://ipindiaonline.gov.in/designapplicationstatus/designstatus.aspx

    Official search by filing request in the prescribed format.

  2. Application

    Ordinary application

    Convention application. To be filed within 6 months from the priority date, being the date of filing in the convention country

  3. Formal Requirements & Examination

    Application has to be prepared and submitted online along with representations in the form of drawings, photographs and computer graphics. The representations sheets are to be endorsed by “ Novelty statement” and disclaimers.

  4. All details can be accessed at http://ipindia.nic.in/manuals/Manual_DesignsPractice_and_Procedure_31March2011.pdf

    An examination report is issued within 3 months from date of application and the application is to be placed in order of acceptance within the six months from date of filing as per the prescribed period.

    An examination report is issued within 3 months from date of application and the application is to be placed in order of acceptance within the six months from date of filing as per the prescribed period.



    Classification


    India adapts to LOCARNO Classification and detailed LOCARNO classification is available at http://www.wipo.int/classifications/nivilo/locarno/index.htm?lang=EN



    Convention application


    In case of a convention application, a certified copy of priority document with English Translation ( in case the convention application is not in English) within 3 months of Indian filing date.



    Publication


    A registered Design is published in the Official Gazette and is open to Public Inspection thereafter.



    Registration, Duration & Renewal


    The term of a registered design is 15 years from the date of filing and in case of convention application, this period is counted from the Priority date. A Design is registered as of the date of making the application for registration of that design and the initial registration is valid for 10 years. This period may be further renewed for a further period of 5 years. In case the renewal period expires, the design can be restored within a period of one year from ceassation.



    Time Frame


    It ordinarily takes about 6 – 10 months to obtain a design registration in India.



    Infringement


    Use, sell or manufacture of the features of a registered design to any article in any class of articles in which the design is registered, without the consent of the registered proprietor amounts to piracy of the registered design.

    Action for piracy of design may be instituted in a District Court or High Court having jurisdiction.



    Assignment


    A registered design is assignable and transmissible and the particulars of the same must be entered in the Register of Designs to entitle the person in whose favour the design is assigned or transmitted.



    Cancellation


    A cancellation petition may be filed by any person interested for cancellation of registered design as per provisions of Section 19 read with Rule 29 of the Designs Act and Rule.
    The cancellation petition is to be filed before the Designs Office and the decision is appealable before the High Court.


    Our services

    • Rendering opinions for registration, infringement and related proceedings.
    • Conducting manual and official design searches
    • Preparing and e-filing design applications in India and foreign countries
    • Prosecuting Indian and foreign design applications till grant
    • Generating status reports
    • Post registration process
    • Cancellation proceedings
    • Design infringement analysis and opinion
    • Design Litigation
    • Drafting of transactional agreements (License, Assignment, etc.)
    • IP Valuation
    • Due diligence
    • Managing IP Portfolio

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