Design Patent in India

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“Design” may be obtained to the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article. It can be in two or three dimensional, or in both forms by any industrial means or process. It can be manual or mechanical or chemical; separate or combined; but the finished article appeal must be judged solely by the eye, for example- Jewellery, Computer icon, etc. Design does not include any mode or principle of construction. To qualify for a design patent, the subject must be new in the sense that no single, identical design exists in the prior art. It must satisfy the ornamental standards, and it must be original to the inventor/inventors seeking protection. It must not be on the basis of any previously existing design or combination of designs when viewed through the eyes of a designer skilled in the art. It must be issued for an article comprised in the prescribed classes of articles under design law. When your product design gives you a commercial advantage, you should protect your design by filing of design patent.

Salient features of design patent in India are as follows:

When a design is registered, the registered proprietor of the registered design has copyright in the design for duration of ten years from the date of registration. It can be extended for another five years from the expiration of the original period of ten years in a prescribed manner

Piracy of registered design is illegal by any person during the existence of copyright, only license or written consent of the registered proprietor allows doing anything with the registered design.

A registered proprietor can sue to bring a suit for the recovery of damages for any contravention of imitation of a registered design.

A registered proprietor can do assignments and transmissions of a registered design and the details of the same is entered in the book of register of design for record.
Where a person becomes entitled by assignments, transmission or other operation of law to the copyright in a registered design, he may make application in the prescribed form to the Controller of Design to register his title,
The exhibition of a design, or of any article to which a design is applied, does not prevent the design from being registered or invalidate the registration, provided, the exhibitor give previous notice to the controller of design in a prescribed manner. Such application for registration is made within six months from the date of first exhibiting the design or article or publishing a description of the design.

The provisions of the Patents Act, 1970 with regard to certificates of the validity of a patent, and to the remedy applies in the same manner in case of a registered design as in the case of patents.