Design Patent in India - Industrial Design

Industrial design is the blend of aesthetics and functionality, giving products that seamlessly blend form and purpose. The industrial design or design patent protects the creation of new and original three dimensional features such as new shape of an article, configuration, surface pattern, ornamentations, or two dimensional features such as patterns, lines or colour applied to an articles, which in the finished state appeal to and is judged solely by the eye (aesthetics). These protections ensure that the aesthetic and functional aspects of a design remain the exclusive domain of its creator.

Criteria for Industrial Design Registration:Novelty, Originality and Distinctiveness

Duration: 10 years, extendable to another 5 years, preference first to file

Protection:is provided against counterfeiting to the aesthetic feature of a product.

Designs of "books, jackets, calendars, certificates, forms and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals".

WHY PROTECT AN INDUSTRIAL DESIGN?

"First impression is the best impression". This proverb is in fact particularly important for many businesses. For most of the product-based companies, the design of the product is the simplest way to differentiate from similar products of competitors and gain a foot hold in the field. Moreover, a customer may associate with a product via its aesthetics even before its quality.

Procedure:

• Filing the application - The applicant receives the application number following which the applicant can use/publish/commercialize the article without losing novelty or originality.
• Examination - The examination report is received within 5-6 months after filing the application.
• If there are no objections - the design application is accepted and registered; and
• If there is objection by examiner - then deficiencies need to be rectified within 6 months and re-submit the application for second round of scrutiny and if the examiner is still not satisfied, then a hearing is scheduled.

AMBITS OF A REGISTERD INDUSTRIAL DESIGN OFFERS?

• Creativity Protection: A registered design patent ensures your unique design of an article remains yours and prevent it from unauthorized use and stealing.
• Licensing Oppurtunity: A registered design patent allows you to license your design to market players in return of financial returns.

Fees for Filing Design Patent in India

DESIGN REGISTRATION	NATURAL PERSON(INR)	SMALL ENTITY(INR)	LARGE ENTITY(INR)
Application for registration of design	1000	1000	4000