Industrial designs refer to creative activity which results in the ornamental or formal appearance of a product and design right refers to a novel or original design that is accorded to the proprietor of a validly registered design. Industrial designs are an element of intellectual property.
ANS provides efficient search services to their clients before proceeding for filing. Efficient searches is available in the market but at high cost while in ANS its just at half of the cost charged by other firms. To get our Services Contact Us
Design Application Drafting
ANS drafts a design application according to the statutes. ANS has got more than a dozen of grants and boast of its successful approach to handle the design matters while drafting. ANS provides efficient design drafting services at-least price in the market. To Know More Contact Us
ANS carry design filing in Kolkata office through our highly experienced lawyers who have never failed in getting a grant and have high repute in this field. To avail our services Contact Us
Prosecution and Grant
ANS has experienced attorneys who have assisted a client in getting a design grant in just 4 months. Although maximum that our team use to get a design is 6-8 months. To get a quote Contact Us
ANS assists its clients to watch a competitor market and take an appropriate action when necessary. ANS attorneys strategically sound in handling even cumbersome and sophisticated matters. To avail our services Contact Us.
ANS IP Team has rich experience in getting a design commercialized at good monetary value. Although ANS suggest to avail the services in this field from initial phase which allows us to increase the chances of commercializing or monetizing it because our team closely take a look over the competitive design and their market strength before moving for registration. To know more about commercialization Contact Us.
Q: What can be registered as design in India?
ANS: (1) The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.
(2) The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. Thus, designs of industrial plans, layouts and installations are not registrable under the Act.
(3) The design should be applied or applicable to any article by any industrial process. Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act.
(4) The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant. Thus, any design in the inside arrangement of a box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put in the market in the closed state.
(5) Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be registrable design. For instance a key having its novelty only in the shape of its corrugation or bend at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act. However, when any design suggests any mode or principle of construction or mechanical or other action of a mechanism, a suitable disclaimer in respect there of is required to be inserted on its representation, provided there are other registrable features in the design.
(6) The design should not include any Trade Mark or property mark or artistic works as define under the Copyright Act, 1957.
Q: What cannot be registered under design in India?
ANS: 1) Stamps, Labels, tokens, cards, cannot be considered as an article for the purpose of registration of Design in India.
2) A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality.
3) An work of architecture and
4) Any other work of artistic craftsmanship.
Q: What is life of a design patent in India?
ANS: The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by a fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright. The proprietor of a design may make application for such extension even as soon as the design is registered.
Q: Can design be registered internationally through a sophisticated route like PCT?
ANS: No, although The Hague Agreement is there under WIPO through a person can register design various countries but India is not a part of the same so far.