Design

About Design

In India, industrial designs can be protected through the Designs Act, of 2000, and the Designs Rules, of 2001.

To protect an industrial design, it must be new or original and must not have been published or disclosed prior to the application for protection. The design must also be applicable to an article and must be judged by its visual appearance.

To apply for protection, the applicant must file an application with the Designs Office, which is part of the Indian Patent Office. The application must include representations of the design, a statement of novelty, and a statement of proprietorship.

Once the application is filed, the Designs Office will examine it to ensure that it meets the requirements for protection. If the application is accepted, the design will be registered and the applicant will have exclusive rights to use the design for a period of 10 years, renewable for an additional 5 years.

It’s worth noting that protection is limited to the visual appearance of the design and not to the functionality of the product. In addition, the Designs Act does not provide for the protection of trademarks or copyright in designs, so these may need to be protected separately.

Overall, protecting the industrial design in India requires careful consideration of the legal requirements and proper registration with the Designs Office. It’s recommended to consult with a legal professional to ensure that your design is properly protected.

Next Reads

FAQs about Patents

The patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. Patient protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner’s consent.

The protection is granted for a limited period, generally 20 years from the filing date of the application.

Patent rights are usually enforced in a court on the initiative of the right owner. However, the main responsibility for monitoring, identifying and acting against infringers of a patent lies with the patent owner.

Patent information commonly refers to the information found in patent applications and granted patents. This information may include bibliographic data about the inventor and patent applicant or patent holder, a description of the claimed invention and related developments in the field of technology, and a list of claims indicating the scope of patent protection sought by the applicant.

Patent documents contain technological information that is often not divulged in any other form of publication, covering practically every field of technology. They have a relatively standardized format and are classified according to technical fields to make identifying relevant documents even easier. 
The information contained in patent documents can be very useful to researchers, entrepreneurs, and many others, helping them:
• avoid duplication of research and development work.
• build on and improve existing products or processes.
• assess the state-of-the-art in a specific technological field, e.g., to get an idea of the latest developments in this field.
• evaluate the patentability of inventions, in particular the novelty and inventiveness of inventions.
• identify inventions protected by patents, to avoid infringement and seek opportunities for licensing.
• monitor activities of potential partners and competitors both within the country and abroad.
• identify market niches or discover new trends in technology or product development at an early stage. 

Patent applications and related documents are published by national and regional patent offices.
Unpaid databases:
• WIPO’s PATENTSCOPE database
• Google Patents
• Espacenet – patent search
• USPTO Web Patent Database
Paid Databases:
• Orbit
• PatBase
• Patseer