Application for Design Patent in India
An application for Design Patent in India consists of details of the applicant along with a copy of the drawing sheet showing the article from all sides.
A POA from the inventor/applicant accompanies the application.
These documents need to be in ENGLISH.
To file an application for Design Patent in India we would require:
- Name, address, and nationality of applicants.
- Representation sheet showing the article from all sides
- The drawings in PDF/JPG format.
- Power of Attorney signed by the applicants.
Do note that:
A claim of priority must be filed within 6 months of the earliest priority date, failure to do so would result in the application deemed to be fresh.
Design Patent in India
Design registration in India is a protection over the features of shape, configuration, pattern or ornament or composition of lines or color or a combination thereof applied to any article which gives it a distinctive visual appearance. The design should be new or original, not previously published or used in any country before the date of application for registration.
Essential elements for a Registration of Design in India
- The design must be new, original, and not previously published or used in any country before the date of filing the application for registration.
- The design must have distinct features of shape, configuration, pattern or ornamentation capable of being applied to an article.
- The design must be capable of being applicable to any article by an industrial process.
- The features of the designs in the finished article should capable of being judged solely by the eye.
- The Design should be significantly distinguishable from a known design or a combination of known designs.
Process flowchart for Design Patent in India
Cost of getting a Design Patent in India
- Option 1: We charge an Attorney filing fee of US$200 + Actual Design Office fee + ACTION based fee for prosecuting the case till registration/final disposal of the matter.
- Option 2: We offer to handle a case for a ONE time FLAT Attorney fee of US$400 + Actual Design Office fee + NO further fee for prosecuting the case till registration/final disposal of the matter.
|Click here: Fee for INDIAN applicants in Rupees|
Official fee of filing a Design Patent in India
|Applicant type||Indian Rupees||US Dollars|
You may directly call on +91.9860588440 or write a mail to firstname.lastname@example.org for further information and discussions.
FAQs for Design Patent in India
- What is a Design Registration in India?
- How much does it cost to get a Design Registration in India?
- What is the object of Design Registration in India?
- When does the Applicant for Registration of Design get the registration Certificate?
- What is a Register of Designs in India?
- What is the effect of design registration in India?
- What is the date of Design registration?
- Is it possible to re register a design in respect of which Copyright has expired?
- How can one ascertain whether registration subsists in respect of any Design?
- Is marking of an article compulsory in the cases of an article to which a registered design has been applied?
- Is it mandatory to make the article by industrial process or means, before making an application for registration of design?
- Why is it important to apply for registration of design at the earliest possible date?
- Can the same applicant make an application for the same design again, if the prior application has been abandoned?
- Whether it is possible to transfer the right of ownership?
- How to get information on registration of design?
- What is meant by priority claiming of a design in India?
- Can the name, address of proprietor, or address for service be altered in the register of design?
- Are the registered designs open for public inspection?
- How does a registration of a design in India stop other people from exploiting it?
- What is an artistic work which is not the subject matter of a design registration in India?
- What is meant by the classification of goods mentioned in the Third Schedule?
- What is meant by Property mark as per the Indian Penal Code?
Written by Mahesh Bhagnari, Patent & Trademark Attorney in India.