Industrial Design Application Guide India for Industrial design filing in India & Design registration in India before the Indian Patent Office| Indian Design Attorneys

Page No. 1
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DESIGN APPLICATION
FOR INDUSTRIAL DESIGN
REGISTRATION in INDIA

Page No. 2
Authors
Rahul Dev is a Patent Attorney, Technology &
Business blogger, and partner of
Tech Corp Legal LLP, an International Law Firm.
Read more..
Prity Khastgir is a Patent Attorney, specializing
in Biotech, Food Technology & Pharmaceuticals,
and partner of Tech Corp Legal LLP, an
International Law Firm. Read more..

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Table of Contents
What is Industrial Design …………....................................... 4
Registration of Industrial Designs in India............................. 5
10-Step Guide to File Industrial Designs in India ................. 6
Important Note for Industrial Design
Applicants....................17
Contact
Us ...........................................................................18

Page No. 4
What is Industrial Design?
An industrial design can be defined as visual aspects and
features of any shape, configuration, pattern or any ornament.
Industrial design can also include combination of above
mentioned patterns, all applied to a finished article (made by
hand or machine). The design may also consist of
configuration or composition of different pattern of colors. It is
an intellectual property right (IPR) by which the visual design
of an object is protected.

Page No. 5
The Designs Act, 2000, allows the registration
of industrial designs by the Design Wing of
Patent Office situated in Kolkata only.
However, the industrial design applications
can be also filed at the Patent Offices situated
in Delhi, Mumbai and Chennai.
REGISTRATION OF
INDUSTRIAL DESIGNS

Page No. 6
Registration Process
of Industrial Designs in a
simple 10-step Guide

Page No. 7
The first step is to search whether the design has
been already registered or not with the help of
Design Office. Form No.- 6 is filed when the
design registration number is known along with a
prescribed fees of Rs. 500. In case the design
registration number is not known Form No.7 is
filed before the Indian Patent Office, along with a
prescribed fees of Rs. 1000.

Page No. 8
Industrial Design Filing Requirements in India
• An exact representation of the industrial design is on an A4
size paper of durable quality. A representation should not be on
a cardboard or any mounted design on any paper.
• The details of the design and the design applicant should be
mentioned clearly.

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Designs are classified into 32 classes out of which almost all
classes are sub-divided. The designs are required to be
classified for international classification. The classifications are
based on the type of the function performed by the article. This
step is mandatory for a systematic registration of the industrial
design.

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To specify the claim, an industrial design has to provide a
“statement of novelty” on the representation itself. This is
provided to obtain a more specific protection. The claims protect
the complete visual looks of the article involved. As the
description is given in the representation of the drawing.

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If any mark on the design is resembling or is likely to be
confused with any trademark, a disclaimer should be provided
positively. The mark could be any action, letters, numerals, etc.

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If the design applicant has applied for protection of
the design in convention countries or countries which
are members of inter-governmental organizations,
the design applicant can claim registration of the
design citing a priority date in India.
Priority date is the date of filing of the application in
any of such countries provided the application is
made in India within six months

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The application for the industrial design have to be accompanied
by the required and pre-defined fees through a cheque or a draft
payable at Kolkata Patent Office.
The official fees for applying for registration of design application
in India is Rs. 1000 and for the renewal of the design granted in
India is Rs. 2000.

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The application must be filed after ensuring that all
documents and the required fees are attached. Design
applications can either in filed in the Design Office in
Kolkata or at the branch offices of the Indian Patent office in
Delhi, Mumbai or Chennai.

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The Design Office may seek some additional information
related to the design even after the introductory
examination is over. The design applicant should make sure
that the required information is provided as this will only
speed up the process for an early examination.

Page No. 16
The applicant should make sure that all the contact details and
addresses are correctly provided and clearly filled up in all the
design forms filed before the Design Office in India. If the Design
Office wants to contact the design applicant or his design attorney
in India, he should be able to do it easily.

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• The Industrial design applicant should know that all the
designs cannot be registered due to varied reasons.
• The date of registration of the Industrial design application
is taken as the date of enforcement of the design.
• Industrial Designs need to be registered from time to time to
be valid with required fees.
NOTE

Page No. 18
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Industrial Design Application Guide India for Industrial design filing in India & Design registration in India before the Indian Patent Office| Indian Design Attorneys

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Industrial Design Application Guide India for Industrial design filing in India & Design registration in India before the Indian Patent Office| Indian Design Attorneys