Design Filing in India

Classification of Design Application in India

Industrial design application is drafted as per the guidelines under Indian Design Act at design office located in Kolkata. The draft of the industrial design application in India comprises of a form as per http://ipindia.nic.in/form.htm.

The draft also comprises good resolution of images of the product from a left side view, a right side, view, a top view, a bottom view, a front view, a rear view and an isometric view. India follow Locarno Classification for registration of design comprising 32 classes, numbered 1 to 31 and an additional class 99 to include articles not falling under the aforesaid 31 classes.

List of classes :

Design Class 1 - Foodstuffs.
Design Class 2 - Articles of clothing and haberdashery.
Design Class 3 - Travel goods, cases, parasols and personal belongings, not elsewhere specified.
Design Class 4 - Brushware.
Design Class 5 - Textile piecegoods, artificial and natural sheet material.
Design Class 6 - Furnishing.
Design Class 7 - Household goods, not elsewhere specified.
Design Class 8 - Tools and hardware.
Design Class 9 - Packages and containers for the transport or handling of goods.
Design Class 10 - Clocks and watches and other measuring instruments, checking and signalling instruments.
Design Class 11 - Articles of adornment.
Design Class 12 - Means of transport or hoisting.
Design Class 13 - Equipment for production, distribution or transformation of electricity.
Design Class 14 - Recording, communication or information retrieval equipment.
Design Class 15 - Machines, not elsewhere specified.
Design Class 16 - Photographic, cinematographic and optical apparatus.
Design Class 17 - Musical instruments.
Design Class 18 - Printing and office machinery.
Design Class 19 - Stationary and office equipment, artists' and teaching materials.
Design Class 20 - Sales and advertising equipment, signs.
Design Class 21 - Games, toys, tents and sports goods.
Design Class 22 - Arms, pyrotechnic articles, articles for hunting, fishing and pest killing.
Design Class 23 - Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment,
Design Class 24 - Medical and laboratory equipment.
Design Class 25 - Building units and construction elements.
Design Class 26 - Lighting apparatus.
Design Class 27 - Tobacco and smokers' supplies.
Design Class 28 - Pharmaceutical and cosmetic products, toilet articles and apparatus.
Design Class 29 - Devices and equipment against fire hazards, for accident prevention and for rescue.
Design Class 30 - Articles for the care and handling of animals.
Design Class 31 - Machines and appliances for preparing food or drink, not elsewhere specified.
Design Class 99 - Miscellaneous.

These classes are used for filing a design application in India and also decides a course of action during an examination of filed design application.

Rules for Filing a Design Application in India

For Design filing in India few set of rules has to be bear in mind. The set of rules are given below:

  • Design Filing Rule (1) dictates that the design of the product should be new and original.
  • Design Filing Rule (2)  dictates that design of a product should not be available in the public domain either in India and globally which shall lead to objectionable overlapping over the competitor design and hence, the article will not be granted registration in India.
  • Design Filing Rule (3) dictates that a product for which the design filing is sought should be capable of being manufactured and sold in Indian Geography to fulfill utility criterion.
  • Design Filing Rule (4) dictates that the design of the product should not involve any mode or principle of construction which is a mere mechanical process i.e., the shape in which all the features of design are dictated solely by the function it performs.
  • Design Filing Rule (5) dictates that the design of the product in its finished state should have aesthetic appeal and judged solely by the eye.
  • Design Filing Rule (6) dictates that the design of the product so applied should be used for commercial purposes and increase the marketable value of the article.
  • Design Filing Rule (7) dictates that the design of the product should not be against the morality and public order of the country. It should not contain any scandalous or obscene matter.
  • Design Filing Rule (8) dictates that the design of the product should not contain any property mark as defined under IPC, any trademark as defined under Trade and Merchandise Marks Act, 1958 or any artistic work as defined under Indian Copyright Act, 1957.
  • Design Filing Rule (9) dictates that the design of the product should not be merely a mechanical contrivance and meets the criterion for registration apart from functionality may qualify for design registration.
  • Design Filing Rule (10) dictates that the design of the product should not be a simple modifications made to an already existing design will not be granted any design registration. To obtain a design registration, the modifications should be substantial and not minimal.

Process for Design Filing in India

A design application in India is drafted as Indian Design Act rules. The design application should contain a Title to suitable represent the product for which design application is being filed. The design application should include high quality images with white background (preferably) in various perspective views - front view, back view, right side view, left side view, top view, bottom view and perspective or isometric view.

The design application is then attached with a general form for design filing and has to be submitted along wi the design draft in Indian design office, Kolkata.

Industrial Design Prosecution and Grant

The industrial design application can get a grant within as less as 4 months if there are no objections. In case of an objection of the industrial design, a reply has to be prepared and submitted in Design office which shall be further examined by the examiner. The design of the product must fulfill all the criteria set forth by the Indian Design Act 2000. The examiner examines the filed design application on each of the criteria and if found raises a set of questionnaires that can be regarded as objection points. 

The inventor has to reply and clarify to the Examiner that the objections are not valid and on the basis of argument of the inventor, the filed design application shall be proceeded for grant. 

Litigation of A Product Design

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. If an aesthetic look of a product is overlapping with a competitors product then the competitor or the present invention's owner can seek a design attorney's assistance to file an infringement suit after the design application is granted.

Also, an invalidity of an granted design application can be sought by the competitor by claiming that the filed design is anticipated from the product being already manufactured or sold or published in public domain by a competitor.

Commercialization of a Product Design

Commercialization of a product design is the process of bringing new products or services to market. The broader act of commercialization entails production, distribution, marketing, sales, customer support, and other key functions critical to achieving the commercial success of the new product or service.

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.

FAQs

(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.

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.

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.

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.

TOP
whatsapp