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Who Can Apply A Design Patent?

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The owner of the design or a person who is a legal representative can apply on behalf of the owner either separately or jointly to register the design. This process needs to almost immediate as this kind of registration follows a first-to-apply basis of priority. This means the first one to file the application to register the design would get the ownership rights of the design.


The application needs to be filled by the applicant or a legal representative on the prescribed form and needs to be submitted along with all the necessary documents, copies of the design and prescribed fee amount.

The application can be filed either at the design wing of the Kolkata’s Patent office or any of the branch offices located in Mumbai, Chennai or Delhi. The processing and prosecution of the application however will happen only in the Kolkata office and all documents submitted in the branch office will be sent to the Kolkata office for processing.

The application gets accepted after all the shortcomings are rectified and the Patent Office issues a certificate of design registration after which it gets notified in the Patent’s journal in the Patent office. The design registration has a validity of 10 years which is extendable to another 5years by filing the application with the prescribed fee again.

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Procedure For Patent Registration

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Fill Design Patent application form

All you need to do is complete our simple form and provide your basic information which will be required

Conduct Design Patent search

After receiving all the documents from your side, we will conduct a patentability search for you.

Prepare Application

On basis of your basic information and documents, we will draft your Patent application

Design Patent Submission

After the final review, we will file the Patent application with Indian Patent office

Your work is completed

After submitting all the documents and Patent application, we will mail you the acknowledgement regarding same.

Criteria For Filing A Patent

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Novelty : i.e. some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.

Nature of the work : This includes class & description of the work, title of the Work. In case of a website copyright, give the URL of the website. You also need be mention the language of the Work

Date of Publication : Mention the date of Publication in internal magazines (if possible). Like a company magazine or a research paper submitted to a professor does not count as publication.

Why Patent Registration

The law provides many different ways to obtain legal protection for intellectual property, including, most notably, patents, trademarks and copyrights. The most common mechanism for protecting an invention is a patent. Although most people are generally familiar with patents, many do not understand that there are three different types of patents available under U.S. law—utility patents, design patents and plant patents. Understanding when to use each of these options is an important part of developing a cost-effective intellectual property strategy.

There are many industries where design patent protection is an ideal way to protect your intellectual property. “The design of a product is often what you really want to protect because it’s what people see; it’s what draws them to your product,”.

Design patents can prevent your competitors from using your designs. In addition, they can trigger significant settlement payments for the owner of the design and successfully prevent future knock-offs.

It is often a good strategy to focus a design patent application on the unique features of a product. If a chair has a unique arm rest, for example, or the sole of a shoe curves in an unusual way, it may make sense to file a design application on just that feature. A design patent directed only to that feature will often provide better protection because infringement can be found without considering similarity in the rest of the product.

What Is A Design Patent ?

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The Patenting system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.

TA patent is a grant by the India patent office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention.

This right excludes others from making, processing, producing, using, selling, and importing the product or process in India without patent owner’s consent.

Benefits Of Design Patent

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  • 1. TRegistration prevents a design from Delicacy
  • 2. A registered design may also be licensed (or sold) to others for a fee.
  • 3. Registration of industrial designs encourages fair competition and honest trade practices.
  • 4.Registering a valuable design contributes to obtaining a fair return on investment profits.
  • 5. Imparts Value to Product.

Frequently Asked Questions

Trademark Registration

Design registration gives the property rights of the design to the owner of the design and confers on the person the right to use the design to an article. The owner can sue in the event of infringement of his rights and if the design is put to use under illegal circumstances without the permission of the owner. The owner also gets the rights to use or sell the design as a property.

Three most common types are utility patents, design patents, and plant patents.

A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.

Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, for example – or a process for producing a specific chemical compound. Many products in fact contain a number of inventions. For example, a laptop computer can involve hundreds of inventions, working together.

Patent protection is granted for a limited period, generally 20 years from the filing date of the application.

Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.

Patent rights are usually enforced in a court on the initiative of the right owner. In most systems a court of law has the authority to stop patent infringement. However the main responsibility for monitoring, identifying, and taking action against infringers of a patent lies with the patent owner.

Licensing a patent simply means that the patent owner grants permission to another individual/organization to make, use, sell etc. his/her patented invention. This takes place according to agreed terms and conditions (for example, defining the amount and type of payment to be made by the licensee to the licensor), for a defined purpose, in a defined territory, and for an agreed period of time.

Patents provide incentives to and protection for individuals by offering them recognition for their creativity and the possibility of material reward for their inventions. At the same time, the obligatory publication of patents and patent applications facilitates the mutually-beneficial spread of new knowledge and accelerates innovation activities by, for example, avoiding the necessity to “re-invent the wheel”.

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