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Design Law
A new or original Design can be sought protection under the Design Act, 2000 for its distinct appearance of a product. The Act provides a monopoly to the author/owner over the design of the product.
Our Firm helps clients in securing and protecting the designs for their products.
Our Design service includes :-
- Design Searches
- Filing Design Applications for registration
- Convention Design Filing in other countries
- Design prosecution
- Design watch
- Response to Office Action
- Design hearings
- Renewal services
- Portfolio Management
- Assignment Recordals
- Licensing and Recordals
- Due Diligence
- Design Cancellations
Industrial Design FAQ
What is industrial design/registered design?
From the IP point of view, industrial design refers only to the ornamental or overall visual appearance of a product
What are the essential requirements for the registration of industrial design under the Designs Act, 2000?
For registration of industrial design, under the Designs Act, 2000 following points must be adhered to:
- Design should be new or original, not previously published or used in any country before the date of application for registration.
- Design should relate to features of shape, configuration, pattern or ornamentation, composition of lines or colours applied to an article.
- Design should be applied to any article by any industrial process or means whether manual, mechanical, chemical, separate or combined.
- Design should not be linked to any functional aspect of the article.
What cannot be protected by an industrial design?
The following cannot be protected:
- A manufacturing process;
- Functional features of an article
- A principle of construction, or how an article is built
- The materials used in the construction of an article
- The useful purpose (functionality) the design serves or is intended to serve
- Colour per se or Ideas
What is the duration of the design registration in India?
Registration of a design lasts for 10 years from the date of registration which can then be renewed for another 5 years. However total term for registration cannot exceed 15 years.
Where to file industrial design applications?
File Industrial design application at any branches of the Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications.
How long it takes to register industrial design in India?
It takes about 6 ~ 10 months for industrial design registration in India.
