An Indian design registration / Design Patent (colloquially called) is a right given by the Indian Patent Office for the looks and attributes of a product based on the classification of the product claimed for a design registration / design patent.
The primary difference between that of a patent and design is that “a patent applies to the working / technology of a product and has got nothing to do with the appearance of the product, in basic words a patent deals completely about what is inside a product or process and how it is executed. Whereas, a design / design applies to the external appearance of a product and has got nothing to do with its working / technology that runs inside it, in basic words a design / design patent deals completely with the external visual appearances of a product and how it appeals new in the eyes of person.
In India designs are registered, protected and administered by the Indian Designs Act, 2000 along with the Design Rules, 2001. Any novel and original visual creation of an article (product) with state-of-the-art shape, configuration, surface pattern, ornamentation and composition of lines or colours are protected as a Design Right. However, any new design of a product for which a registration of an application has not been done cannot claim any legal right as un-registered designs as in Europe.
A right holder of a registered design / design patent holds the right to restrict any person or company from manufacturing the specific article (product) without his permission in India and also file a suit against any person or company that uses his registered design / design patent against his permission through a license (rent or lease) or assignment (buying the design right as a whole through transfer of ownership).
When with Allinnov, you can sit back and relax, for we take complete care of all your works, right from designing the product in your imagination until the grant / registration of the design / design patent through our one stop services. Just email us to info@allinnov.org for details.
Our Design Services are
Pre-Filing Services
Analysis of product design views
Registration of a product design is subject to substantial examination and the patent office may object the registration of a design when the views / representations of the article (product) do not correspond to the norms of the Indian Patent Office. Our analysis services will give you a comprehensive understanding of if the designs proposed to be submitted for registration falls in accordance to the requirement of the Indian Patent Office for registration and our experts will propose the required modifications to be performed to in order to get your design easily registered.
Preparation of Design Representation Sheets
The design representation sheets submitted to the office with respect to any design application should carry certain mandatory novelty statements and disclaimers that will in most cases change from one article (product) to that of the other. Our team of experts will provide / assist you in preparing the design representation sheets as per the requirement of the Indian Patent Office and as per your product in a hassle free and detailed manner.
Filing
Filing Design Application with IPO
Upon cases where the Indian Patent Office is not convinced with the responses / amendments performed against the examination report issued, the office will call for a hearing towards the same.
When attending to a design hearing, it is essential that the office is convinced with the statements provided and amendments made; and if required the office may demand for a further amendment too. In such cases, after attending to the hearing written submissions and amendments with reference to the hearing attended has to be submitted to the Indian Patent Office within 15 days failing which the application may get rejected. Our team of experts will assist you thoroughly in stage 2 prosecution of your design application ensuring that it gets through the process without any hustles.
Prosecution Stage 1– Attending to Objections and Filing amendments
Attending to Objections and Filing amendments In cases where the Indian Patent Office objects the registration of a design application for any formal or substantial reasons, an examination report shall be issued regarding the same.
In order to get a design duly registered, it is essential that the applicant understands the technical and legal objections raised, prepare responses to the objections and make amendments to the design representation sheets or the application for registration of a design or any other documents as required by the office and submit the same within a defined time period so that the application does not get abandoned.
Missing a timeline will incur additional costs of extending the timelines for submission of responses and amended documents as required in support of the application. Our team of expert design professionals will assist you in all your stage 1 prosecution requirements ensuring that the application gets through the process of registration successfully.
Prosecution Stage 2: - Hearings and Written Submissions
Upon cases where the Indian Patent Office is not convinced with the responses / amendments performed against the examination report issued, the office will call for a hearing towards the same.
When attending to a design hearing, it is essential that the office is convinced with the statements provided and amendments made; and if required the office may demand for a further amendment too. In such cases, after attending to the hearing written submissions and amendments with reference to the hearing attended has to be submitted to the Indian Patent Office within 15 days failing which the application may get rejected. Our team of experts will assist you thoroughly in stage 2 prosecution of your design application ensuring that it gets through the process without any hustles.
Post Grant
Renewal and Maintenance of Design applications
A registered / granted design is valid for action against any person who copies it only if the design is valid. A design is valid for a period of 10 years from the date of filing extendable by another 5 years upon paying a renewal fee before its expiry within the first 10 years.
A failure to pay the renewal fee may result the applicant / owner of the design not be able to claim any right over the same in cases of a third party’s unauthorized use of the same to his product. At Allinnov, we shall assist you in ensuring the renewal and maintenance of your designs to be valid legally.
Restoration of lapsed designs
The process of restoration relates to a design that has not been renewed on time, meaning the renewal fee not paid before its initial 10 year validity or the allowed extended time.
Upon such cases, a request for restoration of lapsed designs shall be filed with the Indian Patent Office on certain applicable grounds providing evidence for the same. Our team of experts will assist you in preparing and filing the request for restoration of such designs whose rights have expired due to any unforeseen circumstances.
