Hello, under intellectual property, Industrial design is really crucial to understand and its application process. Here I will start with the definition of Industrial design that is simple to understand the meaning of the same, The Designs Act, 2000 protects original and aesthetically appealing designs capable of being applied commercially and in consonance with the changes in technology and economic advance. Simply to understand by this definition is that any design made for industrial use that is unique then we can protect that design under this act so no other industry can copy the same design and sell it.
For example – the Coca-Cola bottle design had to protect the design of the same so that no other industry or any other company could copy the same design and sell it.
Another example – Design of Apple Mobile Phones that are iPhone no other company can copy the design of the iPhone and sell it.
Term – This design can be protected under this Act for the period of validity of the registration is 15 years (Initially 10 years and 5 years can be extended).
The pre-requisites for a design to qualify for protection are as follows under–
- It should be novel and original
- It should be applicable to a functional article.
- It should be visible in a finished article.
- It should be non-obvious.
- There should be no prior publication or disclosure of the design.
Application Process –
- Applicant or agent submits a duly filled in registration form with the prescribed fees along with four copies of the representation of the design. The drawing should clearly depict the features of the design from all the views and it must state the view.
- The application along with the required documents must be submitted to the Design Wing in the Office of Patent and Trademark Office Database Journal in Kolkata or to any branch office of the Patent office in Delhi, Mumbai, or Chennai.
- On the receipt of the application in the Patent Office, the Application is numbered, dated, and taken up for examination.
- If there are any defects are noticed in the Application, that they are communicated to the Applicant or to his Agent.
- The defects must be corrected within a time period of six months from the official date of Application.
- If the defects aren’t rectified, as needed by the controller, a private hearing is provided to the applicant. The controller’s decision after the hearing is communicated in writing (Stating reasons) to the Applicant or his Agent.
- The applicant can appeal to the High Court (within three months from the date of the Controller’s decision).
- Once accepted the application is notified within the Patent and Trademark Office Database Journal.
Once the design is registered it is valid for 10 years from the date of registration of the design. The term can be extended future for 5 more years by filing an application for extension along with prescribed fees.
Now the question which might arise in ones mind that why should we seek for an industrial design or why it is needed the reason is that if one has a unique design then why should he/she should not protect it otherwise in this world anyone could copy the same and get it to register if the real designer didn’t do it within time.