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Design Patent Registration in India - How to file a Design Application in India - Registration and Protection of Industrial Designs in India

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Industrial Designs in India are governed by the Designs Act, 2000, which describes Design Registration Procedure in India. Lawyers, law firms, patent attorneys and design patent lawyers in New Delhi, Gurgaon assist clients in filing design patent applications in India.
Patent applicants understand the importance of Registration of Designs in India. Indian design registration laws provide the owner of the design the exclusivity to sell the article without being infringed by the competitor. Protection of industrial design in India protects the new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or method.
Brand protection is strengthened with design patent registration in India as industrial design. Research and development (R&D) efforts result in eye catching design for the consumer, and design of a product includes ornamental look and pattern of the product.
Design patent search can be conducted to determine novelty of the product design, wherein design patent search strategy is formulated to coin patent search strings to locate relevant prior art, including granted patents and patent applications. Patentability analysis can be performed to compare features of the product design with the illustrations of the prior art, i.e. patent figures or patent drawings.
Design Patent Attorney: Law office of Rahul Dev is a niche technology and research based law firm focusing on next generation business and legal issues faced in India and outside India during international business and cross-border technology transactions.
We assist our clients in close collaboration with our associates and counsels within India and outside by providing custom engagement models to address our client’s needs. Practice areas include drafting and filing patent applications, patent prior art searches, patent prosecution, patent filing in India, PCT national phase entry in India, PCT international applications with WIPO, freedom to operate searches, patentability analysis and patent strategy to create a valuable patent portfolio. Patent attorney Rahul Dev works with clients providing expert legal services in the field of computers, mobile applications, software, Internet of Things (IoT), mechanical, electrical, medical, chemical, semiconductor manufacturing equipment, semiconductor processing, semiconductor production, semiconductor testing, semiconductor inspection, computer processors (architecture, general purpose processors, digital signal processors, graphics processors, network processors, computing system architecture and design), chipsets (memory, controllers, interfaces, I/O devices, networking system architecture and design), Digital Analog Circuit design, tools, Electronic Design Automation (EDA) Software, Big Data Algorithms, Artificial Intelligence, Machine Learning, Social Networks, Wireless technology including, LAN, WAN, Broadband, Cellular etc.

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Design Patent Registration in India - How to file a Design Application in India - Registration and Protection of Industrial Designs in India

  1. 1. Law Office of Rahul Dev Attorneys, Lawyers and Legal Advisors in Gurgaon and Delhi
  2. 2. Design Registration in India  Governed under The Designs Act, 2000 and Designs Rules, 2008 (As Amended)  Aesthetic aspects of products can be registered as industrial design in India  Aesthetic aspects – outer looks (the way product is perceived by the consumer)  Protects marketing related Intellectual Property Rights (IPR)  Prevents infringement of design patents in India
  3. 3. Design Registration in India – Scope  2D Patterns  Lines  Compositions  Colors  3D Shapes  Combination of 2D and 3D aspects
  4. 4. Design Registration in India – Importance  Design registration is a statutory right  Design registration is territorial and occurs only on registration  After registration of design, design owner obtains right to prevent others from producing, importing, selling or distributing infringing products  Infringing products – having identical appearance or fraudulent or obvious limitation by way of design patent infringement
  5. 5. Design Registration in India – Eligibility  Any product can be registered as industrial design in India if the product is a finished article, and,  The article is new and original, not published previously, or,  Not publicly known.  Not a technical or useful function of a product,  All the aspects of the product appeals to and are judged solely by the eye
  6. 6. Design Registration in India – Requirements  The design should be significantly distinguishable from known designs or combination of known designs  The design should not include scandalous or obscene matter  The design not be a mere mechanical contrivance  The design should be applied to an article and should appeal to the eye.  The design should not be contrary to public order or morality.  The design should not be prejudicial to the security of India
  7. 7. Design Registration in India – Exclusions  Designs that are primarily literary or artistic character are not eligible for protection under the Indian Designs Act  Such exclusions are:  Books, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.  Labels, tokens, cards, cartoons.  Any principle or mode of construction of an article.  Mere mechanical contrivance  Buildings and structures.  Parts of articles not manufactured and sold separately.  Variations commonly used in the trade.  Mere workshop alterations of components of an assembly.  Mere change in size of article.  Flags, emblems or signs of any country.  Layout designs of integrated circuits.
  8. 8. Design Patent Search – Prior Art Search  Published patent applications and granted patents are searched to determine if similar designs exist prior to filing of industrial design patent application  Patent search strategy is formulated to focus specifically on design patents  Patent search key strings along with logical operators (AND, OR, NOT) and relevant patent classifications are used to determine relevant search results.  Design patent search requires comparison of patent drawings and figures to ascertain the novelty of the invention
  9. 9. Design Registration in India vs. USPTO Design Patents  Indian design law does not include provisions to lay out novel features of the design in patent claims  Once design registration process is completed in India, a registration certificate is issued by the Patents and Designs Office  Design Certificate issued by Indian Patent Office includes representative images of the designs submitted by the applicant during filing of industrial design application in India  Representations are followed by statement of novelty, submitted along with the design application
  10. 10. Contact Law Office of Advocate Rahul Dev, Patent Attorneys and Technology Business Lawyers Email: rd (at) patentbusinesslawyer (dot) com | LinkedIn Level 18, One Horizon Centre, Golf Course Road, DLF Phase 5, Sector 43, Gurgaon — 122002, Haryana, INDIA. Ph: +91–124–6688097 Ph: +91–9650247494 Fax : 0124–6687778

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