Industrial design registration is a safeguard for the product’s aesthetic aspects. In India this process is under the Designs Act, 2000 and is administered by the Controller General of Patents, Designs and Trademarks. In this blog, we will discuss the process for registering an industrial design in India.
What Is Industrial Design?
Industrial design incorporates the aesthetic or decorative elements of an article. It could be a three dimensional feature like the form or surface of a page or a two dimensional feature like shapes, color or lines. An industrial design must be original or new and should appeal to the eye (as per the Designs Act, 2000).
Why Register an Industrial Design?
A registered industrial design grants the creator the right to use it for commercial uses. It stops others from replicating and imitating the design so that the designer profits from it. Additionally, it makes the product more marketable and valuable.
Process of Industrial Design Registration in India
An industrial design has many steps for registration in India. This are the clear steps for getting started:
1. Preliminary Search
A preliminary search for the design to make certain it is unique and has not been previously registered is recommended before filing for design registration. This can be done by visiting the Indian Patent Office public records. A thorough search could prevent your application being rejected because your application shares features with existing designs.
2. Preparation of Application
When you think your design is unique, you can submit the application for registration. The application should have the following details:
- Name, nationality and address of the person applying.
- Name of article to which the design pertains to.
- A statement of novelty indicating what’s original or new about the design.
- Class & subclass of the article according to Locarno Classification.
- Drawings or photos of the design from various perspectives.
- A Power of Attorney in case the application is done by an agent.
3. Filing the Application
The application may be filed online at the Indian Patent Office site and at any one of the 4 Patent Offices in Kolkata, Delhi, Chennai and Mumbai. The application and the prescribed fee must be accompanied. All documents have to be finished and submitted correctly to prevent delays in processing.
4. Examination of Application
The application is then officially examined by the Design Wing of the Indian Patent Office. In this particular examination, these aspects are checked:
- Compliance with formal requirements.
- Novelty and originality of designs.
- If the design is not offensive or contrary to public morality or order.
- Whether the design has been published previously in India or elsewhere.
5. Publication in the Official Journal
In case the design clears the exam, it’s approved and published in the Official Journal of the Indian Patent Office. This publication is a public notice and any opposition can be filed within a set period of time, typically 6 months.
6. Grant of Registration Certificate
When no objection is filed or no opposition is settled in favor of the registrant, the design is registered and also a certificate of registration is given. This certificate provides the candidate a right to make use of the design for 10 years with the right to renew for 5 years thereafter.
Important Considerations during Design Registration
Here are some essential points to keep in mind during design registration in India:
1. Eligibility Criteria
A design must satisfy the following requirements to be registered:
- It must be new/original.
- It might not have been published in India or another nation before the date of application.
- It should contain nothing scandalous or even obscene.
- It mustn’t be contrary to public order and morality.
2. Restoration and Renewal
The first period of protection with regard to a registered design is ten years from the day of registration. This time period may be extended for further 5 years with payment of the recommended renewal fee. The registration expires in case the renewal fee isn’t paid. But the design could be restored within a year out of the date of lapse by submitting a restoration program and paying the extra charge.
3. Rights Conferred by Registration
The owner of an industrial design receives the following rights via registration of the design:
- The exclusive right to use the design on the article that it’s registered on.
- Right to not let others use the design with no permission.
- The Right to sue for infringement and damages.
4. Infringement & Remedies
If a registered design is infringed on the proprietor might sue the infringer. Remedies in case of infringement consist of:
- Injunction to halt infringing activity.
- Damages or compensation for profits derived from the infringement.
- Delivery of infringing articles.
Conclusion
In India, registration of industrial design is a formal process which protects designers and companies. Obtaining exclusive rights to the aesthetic parts of their products provides designers commercial value and marketability.
The steps in this blog outline the process so applicants can understand it. The satisfaction of all formalities and the design being truly novel and original is the basis for successful registration and protection under Indian law.
Follow these steps to protect your industrial designs & get legal protection for your company.
FAQs
How does the industrial design process in India work?
An application is lodged with The Indian Patent Office for formal examination and publication of The design in The Official Journal if approved. In case of no opposition, a certificate of registration is issued giving exclusive rights to the design.
What are the stages of industrial design registration?
The stages of industrial design registration include: preliminary search, preparing and submission of application, review by Patent Office, publication in The Official Journal and, in case unopposed, release of The registration certification.
What is Industrial design?
Industrial design describes the look of an article (its design, configuration, pattern, and color). It should be original or new, attractive, and two-or three dimensional.
Who can apply for industrial design registration in India?
Anyone, legal entity or company can apply for industrial design registration in India. The applicant has to specify their information and also, when appropriate, the location of incorporation and legal status of the entity.
How long is industrial design valid in India?
An industrial design is valid for ten years from the day of registration. It can be extended for another 5 years with payment of the recommended renewal fee.
How can I start with industrial design?
Search for your unique design online, prepare the needed documents and apply to the Indian Patent Office. After this your design is going to be analyzed and in case approved, you will get a registration certificate.
