Design

Industrial Design

I.C.L. Design practice is a team of highly experienced professionals providing strategic guidance and comprehensive end-to-end services to secure the highest level of protection for Design innovations across India. Our services include:

1. Providing advice/opinions;
2. Portfolio management;
3. Filing, registration, and enforcement of designs;
4. Search services, including standing watch and freedom to operate search and analysis.
5. The management of annuities,
6. Recording of assignments and ,
7. Transfer of rights.

Our team is led by partners, including patent attorneys and patent agents. Before filing the design application, our team carefully prepares forms and assignment sheets. The combined strength of our technical and legal expertise allows us to comprehend design innovations and ensure the best possible protection and enforceability within the prevailing law.

Essential Requirements for registration of a Design

For a design to be registered under the Design Act of 2000, it has to conform to the following requirement:

1. the design should not have been used or published before the date of filing of application.
2. the design should not include trademarks, artistic works or property marks.
3. design must consist of shapes, patterns, configurations, ornaments and compositions.
4. The design should not be similar any kind of similarity with the pre-existing designs.
5. Significant differences must exist between the design and registered designs.
6. The design should not be profane or scandalous.
7. The design should not public morals or integrity of the country.

Documents required for registration of Industrial Design

The Applicant has to submit the following documents with his Design Application in Indian Patent Office:

1. Details of the Applicant like name, address, nationality, name of the design.
2. The class or subclass of groups in which registration of design is required.
3. Name of the article design is applied on.
4. Details of article classes.
5. Power of Attorney.
6. Any prioritization documents.
7. An affidavit.
8. Representation sheets which include different aspects of the article clearly showing the original design.

• If the design is 2 dimensional than 2 copies of the design is to be submitted
• If the design is three dimensional than 2 copies of the design with the front, back, top, bottom and two sides view.

1. Statement of disclaimer or novelty attached with each representation detailing the mechanical process.
2. Legal status of the Applicant.

Registration process of Industrial Design

The Applicant has to submit the Application form in the prescribed format with 4 copies of representation sheets and prescribed fee. After the submission of the above-mentioned documents, the Examiner of Designs will examine the design.

If on examination, any shortcomings are found in the design, the Applicant is notified about the same. The Applicant is then required to make modifications/alterations in the design and submit the application within 6 months from the official date of application. When all the inadequacies are cleared and the Controller is satisfied that the design is new and/or original, the design is requested to be registered and published with the particulars with the best view of the design. The Patent office then issues the registration certificates and notifies the Patent Office.

If the shortcoming is not cleared, the Applicant is given a chance at personal hearing after which the Controller decides whether the design should be registered or not.

A Design registration is valid for 10 years from the date of registration.

Cancellation of a Design

A Design can be cancelled in following conditions:

1. If the design is unoriginal.
2. If the Design is already published in another country.
3. If the Design is already registered in India.

If the Design does not comply with the characteristics as mentioned under the Act.