Industrial Design & Filling

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Industrial Design & Filling

Design is defined as “drawing or the deception of an original plan for a novel pattern, model, shape, configuration, that is chiefly decorative or ornamental.”

Design means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.

A design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers and computer icons are examples of objects that are covered by design patents

The filing, prosecution and registration of Industrial Designs in India is governed by the Design Act, 2000 and corresponding Rules- Design Rules, 2001. On registration the registered proprietor acquires statutory rights over the registered design and can protect the design against infringement from a third party.

Requirements for filling an application

  • Details of the product and Details of the inventors: Name, Nationality, Address.
  • Drawings of the Design: Front view, Back view, Side View, Perspective view, Front perspective view, Top View, Bottom view.
  • POA on a 100 Rs stamp paper (signed by all the inventors)

Government Fee:

Filing Fee: Rs 1000 (individual inventor); Rs 2000 (small entity); Rs 4000 (large entity).

Filling of design application: It can be filed in any of the patent offices:

  1. Kolkata is receiving and examination office both.
    • Delhi is receiving office only.
    • Mumbai receiving office only.
    • Chennai receiving office only.

Who can file the application for design?

  • Any person- Proprietor of design
  • Persons include:
  •  Individual
  • Partnership firm
  • Corporate body
  •  Firm
  • Legal entity