Design enrollment or design registration is a procedure for inventors and companies in India. A distinctive design or invention might be protected from others so they can’t copy or put it to use with no permission. However, the price of getting design enrollment in India varies widely. This article will describe the various phases of design enrollment and related costs in simple terms.
Understanding Design Enrollment
Design enrollment is registering a new and original design or invention with the Indian Patent Office. This particular registration provides the inventor or designer the power to use, promote, and license the design alone. The cost of the process can depend on the kind of patent application, whether you’re a person or a company, and if you’re submitting internationally or nationally.
Stages of Design Enrollment & Their Costs
Given below are the stages of design enrollment and related costs:
Patentability Search or Novelty Search
Expense: 12,000 – 15,000
Purpose: This is the first step in which patent specialists hunt for the design or invention and ensure it hasn’t been patented prior to. This search includes checking databases for existing patents, articles along with other documents.
Application Submission
Cost: 1,600 to 8,000
Purpose: After the novelty search has ended, now submit the patent application. The cost depends on whether you are a person, a small entity or a company. Submission of the application demands filing and preparation of the prescribed documents at the Indian Patent Office.
Patent Drafting
Expense: 30,000 – 35,000
Purpose: Patent drafting is a procedure whereby the patent application is created to show the invention and its uniqueness. This document should contain technical details and authorized terms to satisfy the patent office. At times a professional patent drafter or lawyer like StartupFino is essential to stay away from errors that could end up in rejection.
Request for Examination
Expense: 2,000 – 4,000
Purpose: After the application has been submitted, you must request a patent examination. This step is essential as the patent office won’t examine your application unless you submit this request. The request for examination should be made in four years after submitting the patent application.
Examination Report and Response to Objections
Cost: Variable, occasionally included in legal fees.
Purpose: The examination request is processed and the patent office issues an examination report. This report may contain objections or questions regarding the patent’s validity under prior art (existing designs or inventions). You and your patent expert must answer these objections with explanations or amendments to the application.
Grant of Patent
Cost: Included in initial fees.
Purpose: If the patent office is pleased with the answers on the examination report and the invention fulfills all criteria, the patent is granted. The grant of the patent is published by the patent journal.
Patent Renewal
Cost: The annual fees vary.
Purpose: You must pay renewal fees yearly to keep the patent valid. These fees grow with time and should be paid to keep the patent for as much as twenty years from the filing date.
Additional Considerations for Design Registration
Here are some additional considerations for design enrollment in India:
Provisional vs Full Patent Application
A provisional patent application is really a first step toward securing a filing date and also allowing yourself more time to prepare the complete application. The price of submitting such a provisional application is normally lower than that of a complete patent application. However you must file the complete application within twelve months of the provisional filing date to keep your priority.
National vs International Patent Application
In case you want to safeguard your invention in a number of countries, you can make a worldwide Patent application under PCT. This is more costly and complex compared to submitting an international application in India. International application fees can include an extra fee per country where you apply for protection, in addition legal fees and translation.
Individual vs Corporate Applications
The cost of patent applications can be based on if the applicant is a person, a tiny entity (such as a startup or small business) or a big corporation. Government fees are often lower for people and small entities to encourage entrepreneurship and innovation.
Patent Guidelines Updates
Updates to patent guidelines provide several changes to make the process faster and much more accessible:
- Expedited Approval: The expedited route could reduce the time to grant a patent from 3-4 years to 1.5 yrs.
- Reduced Fees: Application and prosecution fees for educational institutes have been reduced about 80%.
- Inclusive Eligibility: Women, SMEs (Small and Medium Enterprises), startups, government agencies & educational institutions can apply for patents at discounted costs.
Where can you Apply for Design Enrollment?
You must apply for design enrollment by submitting almost all necessary documents to the Controller of Designs. You may file your application at patent branch offices in Kolkata, Chennai, Mumbai and Delhi.
Penalties for Design Piracy
Infringement associated with a registered design carries heavy penalties. Anybody who copies your design with no permission could be fined between 25,000 and 50,000 for violation. The registered proprietor can also sue for damages and for an injunction against additional infringement.
Duration & Extension of Design Enrollment
Design enrollment is good for ten years from the day of registration. However can lengthen this period for another 5 years by requesting an extension (2,000) prior to the original time runs out. In the event you miss this deadline, you can still request an extension by filing the proper papers and paying the correct costs.
Conclusion
Getting design enrollment in India has several steps and related expenses. From the initial novelty search to the grant of the patent and its renewal, each stage carries different requirements and fees.
Understanding these costs and the process could help inventors and businesses get ready for securing their designs and inventions. Regardless if you’re a private innovator or a big company, safeguarding your intellectual property is essential to keeping a competitive advantage in the marketplace.
FAQs
What does design registration cost in India?
The price of design registration in India ranges between 1,600 to 8,000, patent drafting (30,000 to 35,000) and examination requests (2,000 to 4,000). Further costs may apply for novelty searches and legal assistance.
How long does design registration take in India?
The time of design registration in India generally ranges from one and 1.5 years with expedited approval. The traditional process might take three to four years based on the complexity and thoroughness of the application and examination stages.
Does registering a design have to be done?
No, you needn’t register a design, though it offers you legitimate protection against unauthorized use, copying or reproduction. Registered designs grant the owner exclusive rights, making enforcement easier in case of infringement.
What design can not be registered?
Designs not eligible for registration include the ones that are not new or original, which were previously released, which violate public morality or order, or that relate to functional or technical problems instead of to the product’s aesthetic appearance.
Are unregistered design rights free?
Yes, unregistered design rights are absolutely free and safeguard the design for a short time following the very first public disclosure of the design to the public. However, these rights are less protected than registered designs and harder to enforce legally.
How to copyright a design in India?
In India you must apply at the Indian Patent Office to copyright a design, with representations and details of the design. The process involves filing the required papers and fees and having the design analyzed by the patent office prior to it being registered and protected.
