What is industrial design/registered design?
From the IP point of view, industrial design refers only to the ornamental or overall visual appearance of a product
What are the essential requirements for the registration of industrial design under the Designs Act, 2000?
For registration of industrial design, under the Designs Act, 2000 following points must be adhered to:
- Design should be new or original, not previously published or used in any country before the date of application for registration.
- Design should relate to features of shape, configuration, pattern or ornamentation, composition of lines or colours applied to an article.
- Design should be applied to any article by any industrial process or means whether manual, mechanical, chemical, separate or combined.
- Design should not be linked to any functional aspect of the article.
What cannot be protected by an industrial design?
The following cannot be protected:
- A manufacturing process;
- Functional features of an article
- A principle of construction, or how an article is built
- The materials used in the construction of an article
- The useful purpose (functionality) the design serves or is intended to serve
- Colour per se or Ideas
What is the duration of the design registration in India?
Registration of a design lasts for 10 years from the date of registration which can then be renewed for another 5 years. However total term for registration cannot exceed 15 years.
Where to file industrial design applications?
File Industrial design application at any branches of the Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications.
How long it takes to register industrial design in India?
It takes about 6 ~ 10 months for industrial design registration in India.
DISCLAIMER:
The information on this website is for information purposes only and is not a legal advice. DeitY does not warrant the accuracy or completeness of the information. As a result of updates and corrections, the web contents are subject to change. In case of any variance between what has been stated and that contained in the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
For any further information please visit the official websites of respective departments of Government of India.
