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Design Patent
If the Aesthetics, Looks, or Shape of an Article is to be protected from unauthorized Use, Make, Sale, or Import, Design Patents Applications is the way out!
Protection Aesthetics, Looks, or Shape, such as e.g., if one does some modification in looks of a cycle by including C-shaped handle, and he/she doesn't want others to copy said design improvement, what he/she has to do? He/she needs to file a Design Patent Application. Design patent will protect cycle's looks.
Term or validity of a Design Patent is 10 years + 5 years of extension from the patent application filing date.
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What is a Design under Indian Law?
A design refers to the features of shape, configuration, pattern, ornamentation, or composition of lines or colors applied to any article, whether in two or three dimensions (or both), that is judged solely by the eye. Designs are governed by the Designs Act, 2000 and the Designs Rules, 2001, and are registered through the Design Wing of the Patent Office, administered by the Controller General of Patents, Designs and Trade Marks (CGPDTM).
Criteria for Registrability of a Design
new or original.
not be previously published or used in India or elsewhere.
Not be obscene, scandalous, or contrary to public order or morality.
Not be a mere mechanical contrivance.
Be applied to an article by any industrial process.
Purpose of Design Protection
Encourage aesthetic innovation.
Protect unique appearance of products.
Prevent unauthorized copying or imitation.
Enhance market value and brand appeal.
It focuses on visual features, not the functionality of a product.
Design Registration Process in India
Preparation of Application
Use Form 1 along with prescribed fees.
Include representations (drawings/images) showing all views of the article.
Filing at the Patent Office
Online through the IP India Portal or physically at any Design Wing (Kolkata is the head office).
Examination
The application is examined for compliance with legal requirements and novelty.
Objection (if any)
Applicant is given a chance to respond and amend the application.
Registration
Upon acceptance, the design is registered and published in the Official Journal.
Certificate Issued
Registration certificate is issued and valid from the date of filing.
Term and Renewal
Initial term: 10 years from the date of registration (or filing, if priority claimed).
Renewal: Extendable by 5 more years using Form 3.
Total protection: 15 years.
Rights of a Registered Design Owner
Exclusive rights to apply the design to the article in the class registered.
Right to take legal action against piracy under Section 22 of the Designs Act.
Ability to license or assign the design.
Option to mark products with “Registered Design” or “Regd. No.”
What Cannot Be Registered as a Design?
Designs dictated solely by technical or functional features.
Designs already published or disclosed in India or abroad.
Mode or principle of construction of an article.
Trademarks, property marks, artistic works under the Copyright Act.
Locarno Classification
India follows the Locarno Classification (international classification for industrial designs), which consists of 32 classes of articles (based on their function) and sub-classes.
Design Infringement
Unauthorized application of a registered design.
Importation for sale of products with a copied design.
Sale of products infringing the registered design.
Design Infringement Remedies
Injunction
Damages up to ₹25,000 per contravention (maximum ₹50,000 in total)
Seizure of infringing goods
International Design Protection
India is a member of:
Paris Convention – allows claiming priority from first filing.
Hague Agreement--single international filing from India.