Process of design registration:
- Finding out whether such a design has been registered previously.
- Preparing a representation of the design
- Identifying the class of design.
- Providing a statement of novelty.
- Including a disclaimer that the design has not been in the public domain at any point in time.
- Claiming a priority date if the design is registered in other countries.
- Determining the fee to be paid.
- Ensuring all enclosures are attached.
- Complying with objections if any.
- Providing full details pertaining to contacts and addresses.
Required Documents:
- Name of your design
- Images or drawings showing only your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.
- Contact details of the client;
- Contact details of the to be registered owner of the industrial design right and
- If the registered owner shall be a juristically person we need a copy of the commercial register;
- Name of the natural person(s) who created the design;
- A short description – if possible – of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- In case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
Time Frame:
- Upon fulfilling all requisites, application is published and within stipulated time (1 month) interested third parties may oppose. In the event third party objections arise, such application is taken up by the Patent Office for substantive examination and proceeded with accordingly. In the event there is no third party opposition, certificate of design registration granted and issued.
- Average time from filing to grant: 1-2 Years.
Deadline for claiming priority for a design application in India is 6 months from the filing date of the priority application. Protection to the design is provided for 10 yrs.
Multiple Designs:
Not allowed.