Indian Legal Consultants

Janakpuri, Delhi

Patents have become the most common and effective way of protecting your intellectual property. With the increasing awareness about the advantages of Patent, we have witnessed a general positive trend in the Registration of International Patents. However with the increasing use, the ambiguity around the registration process and the ideas and things that can be protected via it has also increased. Generally an International Patent Registration can be availed for the following :

• Product Patent : For a new part or an innovative product
• Process Patent : For a way of making something
• Patent for industrial design : New equipment used in an industrial process
• Patent for a new use for a product, and many others.

Each country follows its own independent process of Registration of Patents, as per their legal or judicial setup. But some countries collaborate their patents with others and in such cases the patent offered by authority in one country is considered to be legally binding upon the other member country. However the common process of Patent Registration involves Filing of Application form, submission of power of attorney, examination of application and either acceptance or rejection of the plea. Once this process is over, the product or idea patented by you, cannot be used or replicated without your prior permission.

The Patent Registration Process in India is, undertaken in accordance with The Indian Patent Act of 1970. The legislation defines Patent as a right that is assigned to individual or an origination who individually or collectively invents or develops a product or process of manufacturing a product. The Registration of Patent can be availed for different kind of products or processes by filing an application for patent registration with the Patent Registration Office, which is part of the Ministry of Industry and Commerce. Once the application if filed along with the necessary papers, then it is thoroughly examined by legal experts and finally a decision is taken, with respect of refusal or acceptance of the Patent. Indian Patent Act allows grant of patent to concerned assignee for specific timeframe of 20 years and thereafter the patent needs to be renewed or shall be awarded to other party applying for it. Due to the complex law and complicated legal procedure, the Patent Registration Process in India, requires one to hire an attorney for legal assistance in the process. Requirements for Filing the Patent in India as per �The Indian Patent Act, 1970.�

• Full name, address & nationality of applicant(s) and inventor(s).
• Specification, provisional / complete drawings, claims and abstract.
• List of countries to claim priority, if any, where the application / applications for the grant of patent has / have been filed, along with date and application number.
• Power Of Attorney

Procedure for the Grant of Patent

• Filing of Application for Patent Registration
• Request for examination of application to Patent Office
• Examination and citation of objections (if any)
• Patent is Open to third party opposition for period of one year from date of advertisement
• If no third party objections are received than Patent is granted.

Patenting is a very time consuming and strenuous process which can be a little expensive for the inventor. Only when the inventor fills a patent application, he is subject to be the assignee of the patented invention. A request pending at a patent office by the owner of the patent for getting registered as an official holder of the invention is referred to as patent filling application. This application form encompasses the description of the invention, official norms and all the information regarding the invention. When government grants the domination of the invention to the inventor, the inventor is the registered holder or assignee of the invention that is patented. Intellectual property law firms excels in offering aid regarding various aspects of intellectual property like patent filing, international patent filing, trademark registration and patent registration. These services are provided by a pool of experienced and well qualified attorneys and personnel, who take care of the interests of the patent holder or the inventor applying for patent. By filling Patent form applications only, an owner can make the invention his own property for a fixed duration.

Meaning and ContentDesigns play a real life role in the modern world. Design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in 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; but it does not include a lot of things which are covered under the Trademarks Act and Copyright Act. India recently amended its Designs Act. Of course the compelling reason to do this was the obligations under the TRIPS.

New or Original DesignsA design to be registrable must be new or original. Original means originating from the author of the design. New applications of old designs are registrable. Designs which are not new or original or disclosed to the public anywhere in India or in any other country or not significantly distinguishable from known designs or combinations of known designs or comprising scandalous or obscene matter are not registrable.

Design Registration SystemMost countries provide for national design laws providing for a system to administer the registered designs. The process typically involves filing applications for registration of designs in the prescribed format, removing the objections, if any, by the Design Examiner and getting the design granted. In Indian Legal Consultants, we not only deal with each and every aspect concerning Designs Registration Process in India but also provide complete assurance as far as Designs Registration is concerned.

Basics of Designs

Designs Prosecution in India

The ApplicantAny person who claims to be the proprietor of any new or original design not previously published in any country can apply for registration of design in India. In case of a design claiming priority, the Applicant must be a person/entity who has applied for protection for any design in any other convention countries or group of countries or countries, which are members of inter-governmental organizations or his legal representatives, alone or jointly with any other person. The Indian Design Laws provide for 6 months priority from the date of the earliest application. Thus we help our clients to get through all the impediments and technicalities pertaining Design Filing, Design Prosecution, Design Registration etc.

Application DocumentThe application for a design should be in the manner prescribed under the Designs Act, 2000 and the Designs Rules, 2001. A Design application has to be filed in the form prescribed under the Designs Rules along with the requisite official fee. In preparing the Design specification, it to be ensured that the various claims regarding the Design in its entirety with all it� modification have been covered. It has to be filed in the prescribed form and the official fee is to be paid. Separate application needs to be filed for each design. The same design can be registered in more than one class. The Schedule annexed to the Design Rules Provides for the classes in which the application for design can be filed. This Schedule follows the Locarno Classification.
The date of registration of design will be the same as the date of the application for registration.

ExaminationUpon filing the application for design, the Controller of Patents and Design will refer the matter to the Examiner of Designs. The Examiner will verify whether the application conforms to the formal and substantive requirements as legally prescribed.

GrantAfter acceptance of the application, the Design Office will proceed to grant registration.

Term Of DesignThe term of registration is for 15 years. The registration is valid for an initial term of 10 years and by renewal this term could be extended for another 5 years.

Prosecution FrameThe Patents & Designs Office issues an official filing receipt as soon as the application has been filed. Thereafter the Patents & Designs Office issues the First Office Action which may contain formal and/or substantive objections in respect of the application for registration.

Time FrameA design registration can be obtained within a period of 12 (Twelve) months.

Designs Filing in India

IntroductionDesign Registration in India is governed by the Designs Act, 2000 and the Designs Rules, 2001. To prepare and file a Design Application in India, the following information/documents are required:

The Details of the ApplicantThe name, address and nationality of the Applicant. If the Applicant is not a natural person the legal status and the place of incorporation.

The Details of the Design :

• Title of Article
• Statement of Novelty
• Class & Sub Class of the article embodying the design is applied under the Locarno Classification.
• The size of each representation must not be less than 5 by 4 inches or 13 by 10 centimeters wide.

Representations illustrating the views of the article wherein the originality resides. The representations can be in the form of photographs or drawing figures (the Designs Office prefers photographs) showing the perspective, front, rear, top, bottom and side views of the article (4 copies of each view)

Priority Claim details [if applicable]If the design application claims priority from a corresponding application(s), the following particulars are required :

• Priority date
• Priority Country
• Priority Application Number
• Certified Priority Document [may submit later]
• Verified English translation of the priority document [if relevant, may submit later]

Power of AttorneyThe duly stamped Power of Attorney in the prescribed form must be submitted. It could be filed subsequent to the filing of the application.
We provide all-inclusive Industrial Design Registration Services throughout the India.