Design Filing & Prosecution Services
What Is Design & Industrial Design?
Design is a feature of shape, configuration, pattern, ornament, or composition of lines or color applied to any article whether in two dimensional or three dimensional forms or in both forms by any industrial process or means, whether manual, or mechanical or chemical.
Industrial design is the use of a combination of applied art and applied science to improve the aesthetics, ergonomics, and usability of a product, but it may also be used to improve the product’s marketability and production. An industrial design consists of the creation of a shape, configuration or composition of pattern or colour, or combination of pattern and colour in three dimensional form containing aesthetic value.
Registration of design is important to claim and enforce rights on the design. Registration process includes preparing & filing application and prosecution, such as, replying office action, attending hearing, amendment, renewal, opposition etc.
Design Filing Strategy
For a global protection, Designs are to be filed in each and every country, and within a period of 6 months. However, filing, enforcing and further exploiting it commercially in each and every country is not commercially feasible in such a small time-frame, hence it is suggested that the owner should do a thorough analysis and feasibility before determining the filing strategy for the design applications around the world.
Filing should generally be done in those countries where we can foresee our commercial reach, either by export, or directly accessing market channel in those geographies, or strong possibility of licensing the design in these specific geographies. Designs can be filed using either photographs or through professional illustrations of the products as line drawings.
For a proper and strong protection, and even before investing over products aesthetic, it is suggested that a novelty Search should be carried out so that it can be made sure that the design is new, and once the design is granted it can be enforced without a fear of invalidation. In case, if the proposed aesthetic feature proves to be not new, the product design team can suggest few more designs for adoption, which can again go through the novelty search process. Changing the design, in this way, at an initial stage before production shall be cost-effective and ensures stronger protection.
Design Prosecution Stages In India
Filing of application
Examination of application
Issuance of examination report within 3 to 4 months time of application filing
Response to examination report withing 6 months of time period from the date of filing application and can also be extendable for 3 months by paying additional fees and request before expiry of 6 months from the date of application filing.
Hearing if any,
Acceptance of application
Issuance of registration certificate
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