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Law Office of Rahul Dev
Attorneys, Lawyers and Legal Advisors in Gurgaon and Delhi
Design Registration in India
 Governed under The Designs Act, 2000 and Designs Rules, 2008 (As
Amended)
 Aesthetic aspects of products can be registered as industrial design in
India
 Aesthetic aspects – outer looks (the way product is perceived by the
consumer)
 Protects marketing related Intellectual Property Rights (IPR)
 Prevents infringement of design patents in India
Design Registration in India – Scope
 2D Patterns
 Lines
 Compositions
 Colors
 3D Shapes
 Combination of 2D and 3D aspects
Design Registration in India – Importance
 Design registration is a statutory right
 Design registration is territorial and occurs only on registration
 After registration of design, design owner obtains right to prevent
others from producing, importing, selling or distributing infringing
products
 Infringing products – having identical appearance or fraudulent or
obvious limitation by way of design patent infringement
Design Registration in India – Eligibility
 Any product can be registered as industrial design in India if the
product is a finished article, and,
 The article is new and original, not published previously, or,
 Not publicly known.
 Not a technical or useful function of a product,
 All the aspects of the product appeals to and are judged solely by the
eye
Design Registration in India –
Requirements
 The design should be significantly distinguishable from known designs
or combination of known designs
 The design should not include scandalous or obscene matter
 The design not be a mere mechanical contrivance
 The design should be applied to an article and should appeal to the
eye.
 The design should not be contrary to public order or morality.
 The design should not be prejudicial to the security of India
Design Registration in India – Exclusions
 Designs that are primarily literary or artistic character are not eligible
for protection under the Indian Designs Act
 Such exclusions are:
 Books, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets,
maps and plan cards, postcards, stamps, medals.
 Labels, tokens, cards, cartoons.
 Any principle or mode of construction of an article.
 Mere mechanical contrivance
 Buildings and structures.
 Parts of articles not manufactured and sold separately.
 Variations commonly used in the trade.
 Mere workshop alterations of components of an assembly.
 Mere change in size of article.
 Flags, emblems or signs of any country.
 Layout designs of integrated circuits.
Design Patent Search – Prior Art Search
 Published patent applications and granted patents are searched to
determine if similar designs exist prior to filing of industrial design
patent application
 Patent search strategy is formulated to focus specifically on design
patents
 Patent search key strings along with logical operators (AND, OR, NOT)
and relevant patent classifications are used to determine relevant
search results.
 Design patent search requires comparison of patent drawings and
figures to ascertain the novelty of the invention
Design Registration in India vs. USPTO
Design Patents
 Indian design law does not include provisions to lay out novel features
of the design in patent claims
 Once design registration process is completed in India, a registration
certificate is issued by the Patents and Designs Office
 Design Certificate issued by Indian Patent Office includes
representative images of the designs submitted by the applicant
during filing of industrial design application in India
 Representations are followed by statement of novelty, submitted
along with the design application
Contact
Law Office of Advocate Rahul Dev,
Patent Attorneys and Technology Business Lawyers
Email: rd (at) patentbusinesslawyer (dot) com | LinkedIn
Level 18, One Horizon Centre,
Golf Course Road,
DLF Phase 5, Sector 43,
Gurgaon — 122002, Haryana, INDIA.
Ph: +91–124–6688097
Ph: +91–9650247494
Fax : 0124–6687778

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Design Patent Registration in India - How to file a Design Application in India - Registration and Protection of Industrial Designs in India

  • 1. Law Office of Rahul Dev Attorneys, Lawyers and Legal Advisors in Gurgaon and Delhi
  • 2. Design Registration in India  Governed under The Designs Act, 2000 and Designs Rules, 2008 (As Amended)  Aesthetic aspects of products can be registered as industrial design in India  Aesthetic aspects – outer looks (the way product is perceived by the consumer)  Protects marketing related Intellectual Property Rights (IPR)  Prevents infringement of design patents in India
  • 3. Design Registration in India – Scope  2D Patterns  Lines  Compositions  Colors  3D Shapes  Combination of 2D and 3D aspects
  • 4. Design Registration in India – Importance  Design registration is a statutory right  Design registration is territorial and occurs only on registration  After registration of design, design owner obtains right to prevent others from producing, importing, selling or distributing infringing products  Infringing products – having identical appearance or fraudulent or obvious limitation by way of design patent infringement
  • 5. Design Registration in India – Eligibility  Any product can be registered as industrial design in India if the product is a finished article, and,  The article is new and original, not published previously, or,  Not publicly known.  Not a technical or useful function of a product,  All the aspects of the product appeals to and are judged solely by the eye
  • 6. Design Registration in India – Requirements  The design should be significantly distinguishable from known designs or combination of known designs  The design should not include scandalous or obscene matter  The design not be a mere mechanical contrivance  The design should be applied to an article and should appeal to the eye.  The design should not be contrary to public order or morality.  The design should not be prejudicial to the security of India
  • 7. Design Registration in India – Exclusions  Designs that are primarily literary or artistic character are not eligible for protection under the Indian Designs Act  Such exclusions are:  Books, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.  Labels, tokens, cards, cartoons.  Any principle or mode of construction of an article.  Mere mechanical contrivance  Buildings and structures.  Parts of articles not manufactured and sold separately.  Variations commonly used in the trade.  Mere workshop alterations of components of an assembly.  Mere change in size of article.  Flags, emblems or signs of any country.  Layout designs of integrated circuits.
  • 8. Design Patent Search – Prior Art Search  Published patent applications and granted patents are searched to determine if similar designs exist prior to filing of industrial design patent application  Patent search strategy is formulated to focus specifically on design patents  Patent search key strings along with logical operators (AND, OR, NOT) and relevant patent classifications are used to determine relevant search results.  Design patent search requires comparison of patent drawings and figures to ascertain the novelty of the invention
  • 9. Design Registration in India vs. USPTO Design Patents  Indian design law does not include provisions to lay out novel features of the design in patent claims  Once design registration process is completed in India, a registration certificate is issued by the Patents and Designs Office  Design Certificate issued by Indian Patent Office includes representative images of the designs submitted by the applicant during filing of industrial design application in India  Representations are followed by statement of novelty, submitted along with the design application
  • 10. Contact Law Office of Advocate Rahul Dev, Patent Attorneys and Technology Business Lawyers Email: rd (at) patentbusinesslawyer (dot) com | LinkedIn Level 18, One Horizon Centre, Golf Course Road, DLF Phase 5, Sector 43, Gurgaon — 122002, Haryana, INDIA. Ph: +91–124–6688097 Ph: +91–9650247494 Fax : 0124–6687778