Protection can be acquired for the shape, structure and form of intellectual property known as Industrial Design. An industrial Design can be defined as that part, the form, shape and structure or design (in entirety) of an article which is ornamental in nature as well as aesthetic. It can be multi-dimensional viz. It may possess uniqueness of shape and surface of the article in a three-dimensional article or a combination of patterns, lines and colours in a two-dimensional article. Industrial design is applicable for a wide range of products as in from luxury items to industrial and medical items, as well as electronic products to automobiles and from textile designs to articles for leisure etc. An industrial design must always relate to the appearance of an article and not its functionality. If you have created a new & unique form, design or shape of an article then you should also acquire protection for its uniqueness.
Why Design Rights?
By obtaining protection for the ornamental design, the proprietor of the system gets a right against its unauthorized use by any third party. Since industrial designs are that characteristic of an article which makes it stylish, aesthetically appealing and attractive which also boosts the commercial value of the product as well as facilitates its commercialization. Industrial design protection is favourable to fair competition, also encourages creativity and in turn, leads to more creative and aesthetic products. Also, industrial design protection introduces uniqueness and creation in various sectors like manufacturing and industrial which also contributes to an expanse of commercial activities and escalates the worth as well as the potential of the products in the market. So, industrial design protection benefits the creator as well as the end-user in general. In order to be registered, the design must be new and original and its capabilities must extend to its reproduction through industrial manufacture. So think not just the technicalities of a product and explore its aesthetic and the unique designs.
Industrial Design Rights: Duration of Protection
An industrial design is typically protected for 10 years which may be renewed for a maximum of 5 years. The protection sought for industrial design is limited to the country of India. Also, if you want protection in any other country, a separate application must be prepared wherein the procedures for application of design will differ.
As with other forms of intellectual property rights, industrial designs can be safeguarded too. When your unique design is registered at the national design office, you are ensured an absolute right against its unauthorized usage or imitation by any third party. The Design Act of 2000 sets the standards of protection as well as provides protection to the unique, original and aesthetic designs which are capable of being produced by industrial means.
How to file for your Design Patent in India?
There are two options when it comes to filing a design application at the design office. You can file a design application for protection of your design by filing your application physically or by filing online from the website. All types and kinds of designs are classified in accordance with Locarno classification and filing is done by identifying the appropriate class for that particular design. An application is required to be filed in the design office with the designs for which protection is required with the appropriate code of classification for the design. In the following step, a thorough examination is conducted for such application and checked for its completeness and discrepancies, if any and then the same is communicated to the applicant. After the objection raised is rectified viz. when the applicant has replied to the design office with regard to the discrepancies raised, the application will be granted if the necessary requirements are complied with. The design is now exclusive to the applicant once it is granted by the design office of India.Design Right Services Design Protection & Opposition Design Commercialization & Valuation