The shoe industry is a creative and growing industry in the Indian context. From sexy heels to comfortable Crocs along with high performance gym shoes, each shoe design is a vision. But this kind of high level innovation carries the danger of imitation. Some shoe designers patent their designs to protect their creativity. This article can help you patent a shoe design in India.
What is Patent Registration?
A patent is a document which grants the inventor the right to create, use and promote an invention for a specific time period. For shoe designs, two kinds of patents apply: design patents & utility patents.
- Design Patent: This protects the decorative parts of a shoe – its look, shape and design.
- Utility Patent: This protects the functional components – the way the shoe works, its manufacturing process and any bespoke technology.
How To Patent a Shoe Design in India
This is how you can patent a show design in India:
Step 1: Make Your Design Unique
Be sure your shoe design is original and not currently patented prior to submitting a patent. This includes searching for similar designs. You can do that through the Indian Patent Office’s internet database or by employing an expert to look for you.
Step 2: Do Document Your Design
Documentation is vital. Keep logs of your design process – such as sketches, notes, and any prototypes. This documentation can prove your design is original and support your patent application.
- Sketches & Illustrations: Drawings of your shoe design out of multiple angles.
- Notes & Descriptions: Written explanations of your design (materials and features).
- Prototypes: Physical or digital models of your shoe design.
Step 3: Select Type of Patent
Decide whether you need a design patent or a utility patent. In case your shoe has an individual look, a design patent is for you. In case it utilizes a new technology or manufacturing process, you might want a utility patent.
Step 4: Make Your Patent Application
A patent application of India must contain the following:
- Title: A title for your design.
- Abstract: A quick summary of your design.
- Detailed Description: An explanation of your design and its features.
- Claims: Statements about the range of protection sought by the patent.
- Drawings: Detail illustrations of the shoe design.
Step 5: File the Patent Application
You can then file your Patent application on the internet at the Indian patent Office Web site and in person in a regional Office. Include all necessary documentation and pay the application fee.
Step 6: React to Patent Office Communications
The Patent Office could ask for further information or clarification after submitting. Respond quickly to communications to prevent delays in the process.
Step 7: Wait for Examination & Approval
The Patent Office will review your application to ensure it’s legal. This might take months. Approval means you receive a patent on a shoe design.
Benefits of Patenting Your Shoe Design
These are the benefits of patenting your show design:
- Exclusive Rights: A patent enables you to make, make use of, and promote your design with no anybody else stealing it.
- Legal Protection: You may sue anybody who violates your patent.
- Revenue Opportunities: You could license your patent to various other manufacturers and receive royalty payments for using your design.
- Market Advantage: Patented designs will help your brand name and competitive edge.
Costs and Time Involved
Patenting a shoe design in India will take time. The application fee depends on the patent type and if the applicant is a person, a small entity, or a big business. You will have to pay legal fees if you employ a patent attorney. The whole process from application to approval can take 1-2 years.
Examples of Shoe Patents
Many famous shoe designs are patented:
- Christian Louboutin: Has a patent on their signature red soles, that are protected so long as they match the upper color of the footwear.
- Nike: Owns a few patents, including one for their FlyKnit technology, a light woven fabric found in high end sneakers.
Conclusion
In the shoe business in India, patenting your design is a significant safeguard for your intellectual property. Sticking to the steps in this blog can get a patent for your unique shoe design in India for exclusive rights and potentially huge market advantages.
Regardless if you are an individual designer or a big business, the hassle and investment in patenting might be beneficial in preserving your innovations and producing new revenue streams.
FAQs
Can shoe design be patented?
A shoe design may be patented. You could get a style patent to protect the ornamental areas of the shoe such as its appearance or shape. In case your shoe also includes a brand new innovation or novel function, you might file a utility patent including those features as well.
Can a design be patented in India?
A design may be patented in India under the Design Act, 2000. The design must be original and new and never already published or even used in any country. You must file a design Patent application with the Indian patent Office describing and illustrating the design.
How do you copyright a shoe design?
You cannot copyright a shoe design (copyrights usually protect literary and artistic works) though you are able to protect the style with a design patent. The visual ornamental attributes of the shoe are protected under a design patent. You must file a design patent application together with the proper authorities.
How much will it cost you to file for a design patent in India?
The price to file a design patent in India varies. The official fee is lower for small entities and individual applicants typically between INR 1,000 and INR 2,000. The fees are greater for larger entities. Some other costs might include professional fees if you employ a patent attorney to help with the application.
How could one get a patent in India?
The examination for acquiring a patent in India is stringent. Your design or invention needs to be industrial, inventive, and novelty applicability – all legal requirements. The process calls for documentation and descriptions and could involve professional assistance.
What are 5 requirements of a patent?
- Novelty: The invention should be new and not previously shown to the public before the filing date.
- Inventiveness: The invention mustn’t be obvious to a competent individual in the appropriate area.
- Industrial Applicability: The invention has to be useful and be made or even utilized in some industry.
- Patentable Subject Matter: The invention has to include the patentable subject matter categories defined by law.
- Disclosure: The patent application must describe the invention entirely.
