Industrial design is Applied at the Patent Filing India Office, Kolkata is defined as the exquisite, fancy or creative nature of an innovation or invention; it adds to the commercial value of the invention and increases its marketability. An industrial design consists of various features such as three-dimensional features (shape or surface of the innovation) and two-dimensional features (patterns, lines, colors etc). Industrial designs are applied to a wide variety of innovations varying from technological innovations to industrial products to handicrafts and so on.
Industrial design is provided for a limited time period of 10 years and it can be further renewed once for an additional limited time period of 5 years. Industrial design protection provides for geographical rights similar to those of trademark and Patent Registration in India.
REGISTRATION OF INDUSTRIAL DESIGN in the Patent Registration Office at Kokatta
The industrial design is registered according to the Design Act, 2000 by the Designs wing of the Patent Office located at Kolkata, Delhi, Mumbai and Chennai. However, all hearing take place in Kolkata only.
PROCEDURE FOR THE REGISTRATION
- The application has to be filed at the Designs wing of the patent Registration in India office. There are two types of design applications:
- Ordinary application: These applications are to be filed when there are no priority claim.
- Reciprocity application: Applications which are filed already filed in a representative country must be filed in India within 6 months from the date of filing in representative country. This period of time cannot be extended but an application can be filed without the certified copy of the initial application and the document has to be filed within 3 months from filing the application in India. In case an extension of the time period is required then application for the same has to be filed in order to extend the deadline.
- The application has to be filed along with an essential fee of Rs. 1,000. The application should have details such as:
- name of the article
- Class number
- Address for service in India
- Foreign applicants have to provide an address for services in India otherwise the application will be rejected.
- Only a legal practitioner or a registered patent Registration agent can be authorized to be appointed as the agent.
- Finding out if any prior registrations exist:
The design office provides assistance while searching whether the design has been already registered. In case the registration number is familiar then Form No. 6 along with an essential fee of Rs. 500 has to be filed. In case the copy, exhibit or representation of the article is filled then Form no. 7 along with an essential fee of Rs. 1,000 has to be filed.
- Developing a representation of design:
Representation of design refers to the specific representation of the article for which the registration is sought. Representation includes photographs, drawings, computer graphics and specimen of designs. A normal representation has to be prepared on a white A4 size paper of durable quality. Photographic representation needs to have various views of the product taken from above, below, the left, the right and a broad view.
- Identifying the class of design:
India follows the Locarno classification which consists of 31 main classes and various sub-classes. Each class indicates a specific type of product which includes jewellery, cosmetics etc. There is another class of 99 which contains all products which are not included in the main 31 classes. In case a person wants to apply for a design of more than one class then separate applications have to be filed for each class.
- Administrating a statement of Novelty:
In the design representation sheet below the photographs and drawing, the novelty of the design has to be declared.
- Including a disclaimer:
If the design is similar as a trademark, then a disclaimer “by virtue of the registration, no claim is made to any right to the use as a trademark” is to be conveyed. Also if the design represents any mechanical action of the article or further includes any word, numerals or letter then a disclaimer for the same have to be made.
- Requesting a priority date:
The application has to be filed within 6 months in India and if the protection for the design is applied in the representative country or the countries which are the member of the inter-governmental organization, the registration of claiming the design can be cited by providing a preference date in India.
- Regulating the fee to be paid:
The application has to be filed along with an essential fee of Rs.1000 and for the renewal; fee of Rs. 2000 has to be paid.
- Power of attorney has to sign.
- Priority documents have to be submitted and enclosed.
- INITIAL PROCESSING OF THE APPLICATION:
The application gets a confirmed date and a serial number which further becomes the registration number of the design after the registration is completed. In case there are defects or variations in the representation sheet or the form, then it is sent back to the applicant for the correction of the defect. In case there are no defects or variations the application is then pushed for further processing.
After the application for the registration of the design is filed, the examination report is issued with 2 months. The examiner does a check of the design to determine if the essential criteria are fulfilled and to further check if there are any similar designs already on the register.
- ACCEPTANCE AND NOTICE:
If there are no objections raised by the third party then the design will be registered but in case there is an objection raise then the same has to be notified to the applicant who is required to observe the objection within 6 months from the date of filing of the application.
If the applicant fails to observe and comply with the objection with the prescribed deadline then the registration of the design will be abandoned or rejected.
If the applicant observes the objection but the Controller is not satisfied then a hearing
will be appointed with 1-2 months.
- REGISTRATION AND PUBLICATION:
Once the application is accepted and all the essential criteria are fulfilled the design will be registered and will be published in the Patent Registration Office Journal and certificate of registration is issued.
Industrial design needs to be protected because when it comes to a product its appearance is its first impression and in order to encourage the formation of the designs which plays an important part when it comes to increasing the market value of the product.
To get your Design and Patent Registered visit Company Vakil today and there Intellectual Property Expert will guide you through.