Industrial Designs
Industrial design is the pattern, configuration, ornamentation or shape applicable or applied to an article. The industrial design protection once confined will be applicable only to the aesthetic look of the product but not its functionality or any technical feature. Industrial design is also a kind of Intellectual Property right wherein the owner will be given the right to make, sell and use articles that embody the protected design. The design needs to be registered under the Design Registry in order to avail the statutory protection.
As per the Design Act 2000 in India, your design must meet the following criteria:
- Design must be original or unique (not published in any country)
- Design must be related to pattern, configuration, ornamentation or shape of the article
- Design must not have any link to the functionality of the article
Procedure For Registering An Industrial Design In India:
- Fill and submit the registration form along with the prescribed fees and drawing of the design. (Drawing must depict the features of the design)
- The application along with supporting documents must be submitted to the Design Wing of the Patent Office
- The application submitted will be accepted, numbered, dated and then taken up for examination
- If any defects are noticed in the application, you will be notified about the same
- The defects notified must be corrected within 6 months from the date of application
- If the defects are not rectified, a personal hearing will be scheduled by the Controller
- The controller’s decision post-hearing will be communicated to the Applicant as a writing
- The applicant can then move the appeal to the honorable High Court with 3 months from the issuance of Controller’s decision
- Once the design is accepted, it will be notified in the Patent Office Journal