Industrial Design Application

Introduction

Industrial Design in India is protected under the Design Act, 2000 and Design (Amendment) Rules, 2014. It pertains to the ornamental or aesthetic aspect of a product, which includes new and original features of shape, configuration, surface pattern, ornamentation, and composition of lines applied to any article. However, designs do not include trademarks, property marks, or artistic works. Novelty and originality are key ingredients of Industrial Design.

Any article that falls under Section 2(d) of the Design Act, 2000 can claim registration under this Act. Any proprietor, whether from India or a Convention Country, can claim registration by filing a proper application with the Controller of Designs at any Patent Office within the territorial jurisdiction. An industrial design is initially protected for a period of 10 years.

Procedure Of Design Registration

• Documentation and preparation
• Drafting of Design Specification
• Filing of Design Application
• Reply to Examination Report

Types of Application

• ORDINARY APPLICATION: This does not claim any type of priority.
• RECIPROCITY APPLICATION: This claims the priority of an earlier application and must be filed in India within 6 months from the date of filing in a Convention Country.

The registration process for an Industrial Design generally takes 6 months or longer.

Content of Application

• FORM 1
• GENERAL POWER OF ATTORNEY (if the application is filed through a patent agent or legal practitioner)
• FORM 18: Along with the prescribed fee in case of extension is required
• A copy of the design application filed in the Convention Country (for Reciprocity Applications) 
• Representation Sheet 

Procedure of Registration

• Filing of Application
• Formality Check by Examiner
• Substantive Examination
• Publication (once an application is registered)
• Certificate of Registration

International Registration Of Industrial Designs - Hague Agreement

Currently, there are 73 signatory or contracting countries, covering 90 countries, which provide worldwide design filing coverage. The Hague system simplifies the Industrial Design filing process for applicants or inventors, making it more economical and efficient by allowing the filing of one application in any one of the three languages: English, French, or Spanish.

Procedure for Filing International Application

• FILING OF APPLICATION
• PUBLICATION of the application within 30 months from the date of international registration or the priority date.
• OPPOSITION OF APPLICATION must be filed within 6 months or 12 months from the date of publication.

If no opposition is received, registration will be granted, and protection will be conferred.