Prerequisites of Design Drafting
Certainly! When filing a design patent application in India, there are several prerequisites to keep in mind:
- Novelty and Originality: The design must be new and original. It should not have been publicly available in India or any other country through publication or use before the filing date. If an article has already been disclosed, it won’t be granted registration in India.
- Manufacturability and Separability: The design should be capable of being manufactured and sold separately. It must not be purely functional or structural. Instead, it should focus on visual ornamental characteristics.
- Detailed Drawings or Representations: Detailed drawings or representations of the design have to be presented. These drawings should clearly depict the unique features of the design.
- Description: Description that explains the design’s distinctive elements and any specific features that set it apart from existing designs is to be presented.
- Class Specification: The appropriate class for the design must be provided. Each design application falls under a specific class based on the type of article or product it relates to.
Process of Design Filing
- Attachment of views: Copies of six images or views (front, rear, top, bottom, left, right, perspective) of the article are to be attached with the application.
- Applicant details: Name, address and legal status of the applicant is required for filing of the application.
- Design Details: One needs to provide details about the design, class of registration, and supporting documents.
- Online Filing: Online filing services are also provided by the Intellectual Property India office.
- Application Review: The Registrar will examine the application for compliance. If accepted, the design will be registered.
We provide diverse services in the Design field including:
- Design Searches
- Design Applications
- Convention Design Filing in other countries
- Design prosecution
- Design registration
- Design watch
- Response to Office Action
- Design hearings
- Renewal services
- Portfolio Management
- Assignment Recordals
- Licensing and Recordals
- Due Diligence
- Design Cancellations