Industrial Design Filing & Prosecution Service | EXCELON IP – Design Patent Attorney
We are one of the best Industrial Design Right Services with highly experienced Design Patent Attorneys and Industrial Design Rights Consultants. In this era of creativity and innovation, we come across many such things or articles which we and people, in general, can recognize just by looking at the design. Products which are designed creatively and which is truly unique attracts the attention of the people. The form, shape, design is the first thing through which people establish a connection usually and later come the extra benefits in terms of technicalities. Industrial Designs is governed by the Industrial Designs Act of 2000. The foundation of this Act was ‘first to claim’ basis. This basically means that a creator shall file an application for a new design application when created or the delay may lead to piracy & the creator cannot protect its design against piracy, imitation or infringement if it is not registered with the Designs office of India. There are competitors who pursue inappropriate methods and tactics in order to cut down the competition, by the exploitation of someone else’s intellect or creation in the form of a design. Thus it is important to have laws to protect the interests of the owner or creator of these designs, which is why the Designs Act, 2000, came into existence.
Requisites of Industrial Design Registration
- There are certain prerequisites to be eligible for design registration like the design is required to be novel and original. Some kinds of combination of recently or previously registered designs are acceptable only if some new kind of new visual is being produced. As in a famous case of Bombay’s Hello mineral water versus Thermoking California, the design of a water dispenser, cylindrical in shape was rejected and not original on the grounds that shape & form are not enough to prove novelty necessarily.
- The design must not be published anywhere publicly & there should not be any copy of the same design in the particular industry if you want the registration of the design which is in digital format. Any kind of secretive use of such design for experimental purposes does not amount to publication. In the matter of Kemp & Co. versus Prima Plastics, it was held that if the design is disclosed to any third person in good faith then it cannot be claimed as a publication if such act is done in good faith.
- Also, the design should be applied to any article or product only.
- The design should be such that, which can be registered in accordance with the Designs Act, 2000 and must not be prohibited & immoral or capable of hurting the sentiments of the general public or contrary to any law or the act.
Locarno Classification for Industrial Designs
Locarno classification also called a Locarno agreement in accordance with the designs of eligible kinds are registered under the act. The goods are classified according to Locarno classification which helps in the registration of the designs as well as while doing a design search for eligibility. According to this, the designs are divided into 32 classes, 237 sub-classes and 5,219 products. Any new kind of art or design is registered in the appropriate category out of the 32 classes.
Procedure for Design Right Registration (Industrial Design Filing)
Procedure for registration of a design is enshrined in chapter 2 of the Designs Act of 2000. The following steps are required to be complied with for registration of design:
- An application of registration shall be prepared for in the patent and design office in accordance with the designs act in the prescribed form along with the prescribed fees. The class wherein, the design is required to be registered should be specified in the application along with the product for which it is to be applied. Also, a separate application is required to be filed for each category of product.
- The controller of patents and design will pass such an application for examination to check whether such a design can be registered at the patents and design office or not. If the application is in accordance with the laws of the designs act then the controller will approve the application and proceed further.
- The applicant is asked to make amendments if any objection is raised so as to get the design registered.
- If the objection raised by the patents and design office is not removed then, within three months of hearing, such application will be withdrawn.
Registration of Industrial Designs
- Section 5 of the Designs Act, 2000 deals with the registration of designs.
- Such a design should be capable of being registered under the act. The controller registers the design after performing thorough verification of the creator’s claim to be the true owner of the design and if it is not published anywhere and not against morality.
- The application shall be filed in the prescribed manner in accordance with the designs Act, 2000. The design can be registered in a particular class and not in multiple classes. In case if there is any confusion regarding the class, the controller of patents and design office will decide on the matter
- The controller can reject the design if it is not complied with in accordance with the laws, and the party aggrieved may file a request at the high court. Also, if the applicant is not complete or not in accordance with the law, and the applicant didn’t amend it in the prescribed period then it will be abandoned by the patents and design office.
- A design once registered, is officially registered on the date of the registration.
Industrial Design Patent Attorney | EXCELON IP
Very high intellect is required to create something new in this era of competitive minds. You should be wise with your creations and capable of foreseeing its future in the industry. Design is that part of an article which not only serves the purpose of beautification but it can be functional too and creates a lasting impression on the user. We are a team of distinguished IP Attorneys at Excelon IP who can help you with your intellectual creations. Please get in touch with our Design Right Lawyers to protect your Industrial Design Rights before someone copies the designs.