How to Patent a Design

patent design

When you protect a manufactured item’s varied visual features, it is a design patent. It is granted if your product possesses a distinct configuration, exterior ornamentation, etc. It is to be noted that it protects the appearance of the invention only. It’s good to know how to patent design as it gives you a legal right to use it and sell your original design and the right to take advantage of the unique nature of a subject. For decoration, surface decoration, or both, a design patent can be issued. However, it has to be published for an object. The design should also be repeatable.

Which design qualifies for patenting?

Information/documents necessary for design patents 

What is the design patent registration procedure? 

What is India’s design patent registration process? 

Approval of design patent 

Grant, the term of validity and design renovation charges 

Which design qualifies for patenting?

  • The subject-matter must be new in the sense that there is not an analogous design in the prior art, that the ornamental requirements should be met, and that the designer or inventors requesting protection must be original. 
  • It also must not be apparent in the eyes of a hypothetical trained in architecture, because of previously developed designs or a mixture of designs. 
  • Design patents for ornamental features not used while the product is in operation can not be granted. 
  • In general, for aesthetically pleasing features of a product, a design patent is obtained. 
  • It was also mentioned that the topic must be an aesthetic product and an artistic design.

Information / documents necessary for design patents 

  • Applicant’s name, nationality, and address proof. 
  • Different views of patent drawings or photos. 
  • Power of the Prosecutor (can be extended within one month of the filing date). 
  • Certified copy of the priority request (due to the date of submission within one month).

What is the design patent registration procedure? 

  • The design owner shall present, together with the following details, a correctly completed application form, as needed in section 5 of the Indian Designs Act 2000. 
  • Six pictures from the front, back, top, bottom, left, right, view of the article or invention are two copies. 
  • Correct the applicant’s name and address. 
  • Legal status or the applicant’s declaration, whether a person, a corporation, etc. is an applicant. 
  • The official fee is required for the design submission. 
  • The class in which the concept is to be designed and the articles to be used. 
  • The strategy that should be used for this post. 
  • A short overview and representation sheets of the submission.

What is India’s design patent registration process? 

To file a design patent in India, follow the steps – 

  • Write down the right information, such as the invention, idea, or definition, and how it will work. Also, add the advantages of it.  
  • Use drawings, diagrams, or sketches to illustrate how the invention works 
  • Not all inventions can be patentable, and only inventions may be patented in detail by the Indian act. 
  • Invention complies with all conditions for patentability according to the Indian Act, for example 
  1. Patentable subject-matter should be the creation
  2. It ought to be new. 
  3. It needs not to be vague. 
  4. The industrial application should refer to the invention
  5. And it should be repeatable
  • You should opt for an optional provisional patent application if you are in the early stages of inventing an idea. It leads to the patent securing for 12 months and has a low cost. 
  • The patent shall be issued within 18 months if an application is submitted. You can also make it earlier by filing for the early submission of the prescribed fees. 
  • Only after the Request for Evidence (RFE) request has been submitted will the application be reviewed. The controller gives the patent examiner who reviews the patent application when he gets this request.
  • Based on the evaluation study, most patent seekers receive those forms of objections. Resolve the objections and move further.
  • The grant will be applied if the application ID satisfies all the conditions of the patent. In the patent journal which is published from time to time, a grant of the patent is notified. 

Approval of design patent 

After filing at the Indian Patent Office (IPO), a patent application is lined up for review. It is tested according to the following criteria: 

  • An application has been made to review the patent application. 
  • The patent application must be published.

Grant, the term of validity and design renovation charges 

The design patent shall be valid after the grant for ten years from the date of registration. If the resulting request and the resulting fee are paid before the expiry of the 10-year contract, the contract will be extended for five years. A grace period of twelve months from the expiry of the registration and an additional charge if the renewal fee is not properly charged.

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