Design



MEANING OF DESIGN

A design of an article may be registered if the feature of shape, configuration, pattern or ornament given to an article by any industrial process or means, whether manual, mechanical or chemical, separate or combine manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judge solely by the eye. The principle or the mode of construction of the article or mere mechanical contrivance cannot be registered as designs. Trade Marks and Trade Names are also excluded from the scope of design..

DURATION

After a design is registered the proprietor of the design is supplied with a certificate of copyright. The copyright is for the period of five years from the date of registration (which is the date of application) which may be further extended for second and third period of five years on payment of prescribed fee on each occasion. Such application should be made before the expire of the original or extended term, i.e. before the copyright in a design ceases.

COPYRIGHT IN REGISTERED DESIGNS

When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration.

DOCUMENTS AND INFORMATION REQUIRED FOR FILING DESIGN APPLICATION IN INDIA.

Document Required

10 colored photographs (of each view) of the article from different points of view, to clearly catch the shape or configuration of the article.
Documentary proof of Priority (if any)
General Power of Attorney given to us in India duly signed by the proprietor, partner or one of the Directors of the company in the case may be as per draft annexed herewith.
A copy of Memorandum & Articles of Association or copy of Partnership deed in the case may be or relevant document in the case of other constitution of firm.
NOTE: All documents must be submitted in English language only.

Information Required
Name(s), age and address(es) and nationality(ies) of the Applicant whether they are partners or Directors.
Name, address, designation and nationality of whose signature has to be obtained on General Power of Attorney underneath signature.

Please type or print legibly


Design Datasheet
Download Forms :


Design Power of Attorney
Q.1 : What is a Patent? A Patent is a exclusive right for an invention granted for a limited period of time of 20 years to the patentee, by the Government in exchange of full disclosure of his invention and for excluding others from making, using, selling, offering to sell, importing the patented invention without his/ her consent.
Q.2 : What is the need for a patent? A patent protection gives a patentee an exclusive right over the protected invention for making, using, selling, importing the patented invention. This right also excludes any other person from making, using, selling, offering to sell, importing the patented invention without the consent of the patentee. The patentee can license or sell his/her invention to someone else.
Q.3 : What can be patented? An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. It also must not fall into the categories of inventions that are non-patentable under section 3 and 4 of the Indian Patent Act.
Q.4 : Who can apply for a patent? A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
Q.5 : What are the criteria of patentability? An invention must meet the following criteria to become patentable subject matter:
i) It should be novel.
ii) It should have inventive step or it must be non-obvious
iii) It should be capable of Industrial application.
iv) It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.
Q.6 : What is an invention? According to the Indian Patent Act, 1970 (amended 2005): "Invention" means a new product or process involving an inventive step and capable of industrial application. (Section 2 (1)(j))
Q.7 : What is an inventive step and industrial application? Section 2(1)(ja) of the Indian Patent Act defines "Inventive step" as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. While section 2(1)(ac) of the Indian Patent Act defines "Industrial application" means that the invention is capable of being made or used in an industry.
Q.8 : Is it necessary to provide an address of service for all the Foreign applicants for filing a patent application in India? Yes. An applicant who is not a resident of India must give an address for service in India for filing a patent application.
Q.9 : Is second use of a known substance patentable in India? No. The second use of any known substance is not patentable in India. Any use itself is not patentable under Indian Patent Law u/s 2(1)(j).
Q.10: Is software patentable in India? No. Software itself is not patentable under the Indian Patent Office under section 3(l)
Q.11: What is the term of patent? Term of every patent in India is 20 years from the date of filing of patent application or the priority date, irrespective of whether it is filed with provisional or complete specification; and in the case of applications filed under PCT the term of 20 years begins from International filing date.
Q.12: Is it essential to deposit biological material in the International Depository Authority? If the invention uses a biological material which is new, it is essential to deposit the same in the International Depository Authority (IDA) prior to the filing of the application in India in order to supplement the description. The description in the specification should contain the name and address of the International Depository Authority and, date and number of deposition of Biological material. If such biological material is already known, in such case it is not essential to deposit the same.
Q.13: Is there any International Depository Authority in India? Yes, there is an International Depository Authority in India located at Chandigarh which is known as Institute of Microbial Technology (IMTECH).

Follow us





 

 
Home | About us | Services | Recent Judgement | Newsletter | Our Members | Photo Gallery | Contact | Career
┬ęCopyright 2008. All rights reserved to H K Acharya & Company