INDUSTRIAL DESIGN APPLICATION

Industrial Design in India is protected under Design Act, 2000 and Design (Amendment) Rules 2014. It is an ornamental or aesthetic aspect of creation of new and original features of new shape, configuration, surface pattern, ornamentation and composition of lines applied to any article. However Design does not include any Trademark, any property mark or any artistic work. Novelty and Originality are the ingredients of Industrial Design.

Any article which comes under section 2(d) of Design Act, 2000 are capable for claiming registration under Design Act, 2000. Any proprietor, from India or Convention Country can claim a registration by filing a proper Application, addressing Controller of Design at any Patent Office under the territorial jurisdiction. The Industrial design is protected initially for 10 years.

PROCEDURE OF DESIGN REGISTRATION

  1. Documentation and preparation
  2. Drafting of Design Specification
  3. Filing of Design Application
  4. Reply to Examination Report

TYPES OF APPLICATION

  1. ORDINARY APPLICATION: which does not claim any type of priority
  2. RECIPROCITY APPLICATION: This claims priority of an application. Such application shall be filled in India within 6 months from the date of filing in Convention Country

The process of registration of an Industrial Design generally takes 6 months and longer.

CONTENT OF APPLICATION

  1. FORM 1
  2. GENERAL POWER OF ATTORNEY( in case application filed through a patent agent or legal practitioner)
  3. FORM 18: along with prescribed fee in case of extension
  4. RECIPROCITY APPLICATION shall be accompanied by a copy of the Design application filed in the Convention Country
  5. Representation Sheet

PROCEDURE OF REGISTRATION

Step:1 Filling of Examination

Step:2 Formality Check by Examiner

Step:3 Substantive Examination

Step:4 Publication (once an application is registered)

Step:5 Certificate of Registration

INTERNATION REGISTRATION OF INDUSTRIAL DESIGNS- HAGUE AGREEMENT

At present, there are 73 signatory or contracting countries covering 90 countries, providing worldwide Design filing coverage. Hague system simplifies the Industrial Design filing for the applicant or inventors, making it more economical and efficient, by filing one application in any one language [English or French or Spanish]

PROCEDURE FOR FILING INTERNATION APPLICATION

Step:1 FILING OF APPLICATION

Step:2 PUBLICATION of application within 30 months from the date of International registration or from the priority date.

Step:3 OPPOSITION OF APPLICATION with 6 months or 12 months from the date of publication

Step:4 If no opposition is there, registration will be given i.e. protection will be granted.