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DESIGN APPLICATION
FOR INDUSTRIAL DESIGN
REGISTRATION ...
Page No. 2
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http://research.techcorplegal.com
Authors
Rahul Dev is a Patent Attorney, Technology &
B...
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m
Table of Contents
What is Industrial Design …………........
Page No. 4
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What is Industrial Design?
An industrial design can be...
Page No. 5
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The Designs Act, 2000, allows the registration
of indu...
Page No. 6
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http://research.techcorplegal.com
Registration Process
of Industrial Designs in a
simple...
Page No. 7
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http://research.techcorplegal.com
The first step is to search whether the design has
bee...
Page No. 8
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Industrial Design Filing Requirements in India
• An ex...
Page No. 9
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Designs are classified into 32 classes out of which al...
Page No. 10
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To specify the claim, an industrial design has to pro...
Page No. 11
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If any mark on the design is resembling or is likely ...
Page No. 12
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If the design applicant has applied for protection of...
Page No. 13
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The application for the industrial design have to be ...
Page No. 14
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The application must be filed after ensuring that all...
Page No. 15
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The Design Office may seek some additional informatio...
Page No. 16
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The applicant should make sure that all the contact d...
Page No. 17
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• The Industrial design applicant should know that al...
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Thank you
Get in touch: info(at)techcorplegal(dot)c...
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Industrial Design Application Guide India for Industrial design filing in India & Design registration in India before the Indian Patent Office| Indian Design Attorneys

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Indian Law Firm Attorneys in Delhi provide Industrial Design Registration Services before the Indian Patent Office. Design Filing in India| Design Registration in India| Designs Filing Requirements in India
Design protection and Design registration in India is governed by the Designs Act, 2000 and the Designs Rules, 2001.An industrial design can be defined as visual aspects and features of any shape, configuration, pattern or any ornament. Industrial design can also include combination of above mentioned patterns, all applied to a finished article (made by hand or machine). The design may also consist of configuration or composition of different pattern of colors. It is an intellectual property right (IPR) by which the visual design of an object is protected.

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Industrial Design Application Guide India for Industrial design filing in India & Design registration in India before the Indian Patent Office| Indian Design Attorneys

  1. 1. Page No. 1 info@techcorplegal.com http://research.techcorplegal.com DESIGN APPLICATION FOR INDUSTRIAL DESIGN REGISTRATION in INDIA
  2. 2. Page No. 2 info@techcorplegal.com http://research.techcorplegal.com Authors Rahul Dev is a Patent Attorney, Technology & Business blogger, and partner of Tech Corp Legal LLP, an International Law Firm. Read more.. Prity Khastgir is a Patent Attorney, specializing in Biotech, Food Technology & Pharmaceuticals, and partner of Tech Corp Legal LLP, an International Law Firm. Read more..
  3. 3. Page No. 3 info@techcorplegal.com http://research.techcorplegal.co m Table of Contents What is Industrial Design …………....................................... 4 Registration of Industrial Designs in India............................. 5 10-Step Guide to File Industrial Designs in India ................. 6 Important Note for Industrial Design Applicants....................17 Contact Us ...........................................................................18
  4. 4. Page No. 4 info@techcorplegal.com http://research.techcorplegal.com What is Industrial Design? An industrial design can be defined as visual aspects and features of any shape, configuration, pattern or any ornament. Industrial design can also include combination of above mentioned patterns, all applied to a finished article (made by hand or machine). The design may also consist of configuration or composition of different pattern of colors. It is an intellectual property right (IPR) by which the visual design of an object is protected.
  5. 5. Page No. 5 info@techcorplegal.com http://research.techcorplegal.com The Designs Act, 2000, allows the registration of industrial designs by the Design Wing of Patent Office situated in Kolkata only. However, the industrial design applications can be also filed at the Patent Offices situated in Delhi, Mumbai and Chennai. REGISTRATION OF INDUSTRIAL DESIGNS
  6. 6. Page No. 6 info@techcorplegal.com http://research.techcorplegal.com Registration Process of Industrial Designs in a simple 10-step Guide
  7. 7. Page No. 7 info@techcorplegal.com http://research.techcorplegal.com The first step is to search whether the design has been already registered or not with the help of Design Office. Form No.- 6 is filed when the design registration number is known along with a prescribed fees of Rs. 500. In case the design registration number is not known Form No.7 is filed before the Indian Patent Office, along with a prescribed fees of Rs. 1000.
  8. 8. Page No. 8 info@techcorplegal.com http://research.techcorplegal.com Industrial Design Filing Requirements in India • An exact representation of the industrial design is on an A4 size paper of durable quality. A representation should not be on a cardboard or any mounted design on any paper. • The details of the design and the design applicant should be mentioned clearly.
  9. 9. Page No. 9 info@techcorplegal.com http://research.techcorplegal.com Designs are classified into 32 classes out of which almost all classes are sub-divided. The designs are required to be classified for international classification. The classifications are based on the type of the function performed by the article. This step is mandatory for a systematic registration of the industrial design.
  10. 10. Page No. 10 info@techcorplegal.com http://research.techcorplegal.com To specify the claim, an industrial design has to provide a “statement of novelty” on the representation itself. This is provided to obtain a more specific protection. The claims protect the complete visual looks of the article involved. As the description is given in the representation of the drawing.
  11. 11. Page No. 11 info@techcorplegal.com http://research.techcorplegal.com If any mark on the design is resembling or is likely to be confused with any trademark, a disclaimer should be provided positively. The mark could be any action, letters, numerals, etc.
  12. 12. Page No. 12 info@techcorplegal.com http://research.techcorplegal.com If the design applicant has applied for protection of the design in convention countries or countries which are members of inter-governmental organizations, the design applicant can claim registration of the design citing a priority date in India. Priority date is the date of filing of the application in any of such countries provided the application is made in India within six months
  13. 13. Page No. 13 info@techcorplegal.com http://research.techcorplegal.com The application for the industrial design have to be accompanied by the required and pre-defined fees through a cheque or a draft payable at Kolkata Patent Office. The official fees for applying for registration of design application in India is Rs. 1000 and for the renewal of the design granted in India is Rs. 2000.
  14. 14. Page No. 14 info@techcorplegal.com http://research.techcorplegal.com The application must be filed after ensuring that all documents and the required fees are attached. Design applications can either in filed in the Design Office in Kolkata or at the branch offices of the Indian Patent office in Delhi, Mumbai or Chennai.
  15. 15. Page No. 15 info@techcorplegal.com http://research.techcorplegal.com The Design Office may seek some additional information related to the design even after the introductory examination is over. The design applicant should make sure that the required information is provided as this will only speed up the process for an early examination.
  16. 16. Page No. 16 info@techcorplegal.com http://research.techcorplegal.com The applicant should make sure that all the contact details and addresses are correctly provided and clearly filled up in all the design forms filed before the Design Office in India. If the Design Office wants to contact the design applicant or his design attorney in India, he should be able to do it easily.
  17. 17. Page No. 17 info@techcorplegal.com http://research.techcorplegal.com • The Industrial design applicant should know that all the designs cannot be registered due to varied reasons. • The date of registration of the Industrial design application is taken as the date of enforcement of the design. • Industrial Designs need to be registered from time to time to be valid with required fees. NOTE
  18. 18. Page No. 18 info@techcorplegal.co m http://research.techcorplegal.co m Thank you Get in touch: info(at)techcorplegal(dot)com

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