Design drives consumer’s purchase decision, better protect it with design patent.
A Design refers to the features of shape, configuration,pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye. Design does not include any mode or principle of construction or anything which is a mere mechanical device. It also does not include any trade mark or any artistic work.
Essential requirements for design :
Be new or original registration
Not been disclosed to the public anywhere by publication in tangible from or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration.
Be significantly distinguishable from known designs or combination of known designs.
Not comprise or contain scandalous or obscene matter.
Not be a mere mechanical contrivance.
Be applied to an article and should appeal to the eye.
Not be contrary to public order or morality.
Not be prejudicial to the security of India.
Submit a duly filled registration form along with the prescribed fees and four copies of the design representation.
Submit it to the design wing of the patent office in kolkata or to any branch office of the patent office in mumbai, delhi or chennai.
At the patent office the application is numbered and dated ans taken up for examination.
Defects, if any, are communicated to applicant/his agent
The defects must be corrected within a period of 6 months from the official date of application.
If the controller is not satisfied with the correction, a personal hearing is given to the applicant.
After the hearing the controller's decision is communicated to the applicant in writing.
The applicant can appeal to the high court against the controller's decision within three months of the decision.
Once accepted the application is notified in the patent office journal.
Provide the design of the application from 6 views (top view , front view , left side view , right side vide , bottom view and back side and one best view/ perspective view.