An industrial design is an intellectual property right that is meant to protect the visual design only and not the functional part of the object/article. The industrial design can consist of a shape, configuration, ornamentation or composition of any pattern or color in form (2-dimensional or 3- dimensional).
Registration of design by filing an application on prescribed form accompanied by the prescribed fee and four copies of the representation of the design. The application can either be filed at the Design Wing of the Patent Office in Kolkata or any of the Branch Offices at Delhi, Mumbai and Chennai. However the applications received by the Branch Offices shall be transmitted to the Head Office in Kolkata for processing and prosecution.
A Design once registered is valid for 10 years from the date of registration. In cases where claim for priority is allowed, it is 10 years from the priority date. A design can be renewed for another five years on payment of prescribed fee.
A design protection is provided for new or original features of shape, configuration pattern, ornamentation or composition of lines or colours as applied to an article. It is to be judged solely by appeal to the eye.
Yes a priority claim is allowed if an application in India is filed within six months from the date of filing of first application in the convention country.
There is a grace period of six months for disclosure of a design wherein the disclosure is restricted to an industrial or other exhibition and if a prior notice in this respect along with prescribed fee is given to the Controller. An application for such registration should be made within six months from the date of first exhibiting the design.
The design application can be filed with line drawings or with photographs. The article must be shown in isolation and features of the design must be clearly accurately visible. The representations should be clear depicting various views of the article covering at least perspective view, front view, rear view, top view, bottom view, side view and another side view.
Multiple images of a design may be included in a single application provided said images relate to a single embodiment of the design in question as only different views of a single embodiment are allowable in an application. Separate applications are required to be filed for multiple or alternative embodiments, if any.
Is there a time period for submitting priority document in case of applications claiming priority from an earlier filed application?
Yes, the priority document should be filed along with the application. However if not filed with the application it may be filed within three months along with prescribed fee from filing date in India.
Generally, it takes 6-9 months from the filing to the issue of registration of design certificate. Generally, the examination is conducted within 3-4 months from the filing date of the design application. The applicant is required to comply with all the objections/requirements raised in the official action within the six months from the date of filing the application. It is possible to request for additional time of up to a maximum three months to comply with the objections. Thus, even with objections being raised the design registration is completed within 9 months of filing.
Can the same applicant make an application for the same design again, if the prior application has been abandoned?
Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the intervening period.