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Trademark Registration

Design Patent Registration In Delhi NCR (Gurgaon & Noida) And Whole India

What is a Patent?

Design Patent Registration ideally refers to the protection of original designs and obtaining proprietorship over that under the Designs Act, 2000. A design would mean the outline, arrangement, pattern, shape, or décor of an article. Registering a design protects the exclusive rights of the registered owner of the design. This kind of registration is similar to the Intellectual property registration like the trademarks and patents. It is however easier to obtain and hence more attractive though it comes with a narrower scope. The registration protects the owner from infringement of his/her designs.

A design which is applicable to be registered should be original, new and undisclosed to public view in any publication or in any other concrete form before filing the application. It should be distinguishable and different from any design or a combination of designs of known or reputed origin. The design must not be disgraceful or obscene and must concede to the values and ethnicity of the local public. Lastly, the design must conform to the article or product on which it gets displayed and must be relevant.


WE ALSO DO DESIGNING LITIGATION AND INFRINGEMENT CASES

Who Can Apply A Design Patent?

The owner of the design or a person who is a legal representative can apply on behalf of the owner either separately or jointly to register the design. This process needs to almost immediate as this kind of registration follows a first-to-apply basis of priority. This means the first one to file the application to register the design would get the ownership rights of the design.

Procedure

The application needs to be filled by the applicant or a legal representative on the prescribed form and needs to be submitted along with all the necessary documents, copies of the design and prescribed fee amount.

The application can be filed either at the design wing of the Kolkata’s Patent office or any of the branch offices located in Mumbai, Chennai or Delhi. The processing and prosecution of the application however will happen only in the Kolkata office and all documents submitted in the branch office will be sent to the Kolkata office for processing.

The application gets accepted after all the shortcomings are rectified and the Patent Office issues a certificate of design registration after which it gets notified in the Patent’s journal in the Patent office. The design registration has a validity of 10 years which is extendable to another 5years by filing the application with the prescribed fee again.

What Is Included In Our Package?

  • Prior Art Search

  • Application Drafting

  • Application Filling

  • Government Fees

Procedure for Patent Registration

  • Fill Patent application form

    All you need to do is complete our simple form and provide your basic information which will be required.

  • Conduct Patent Search

    After receiving all the documents from your side, we will conduct a patentability search for you.

  • Prepare Application

    On basis of your basic information and documents, we will draft your Patent application

  • Patent Submission

    After the final review, we will file the Patent application with Indian Patent office.

  • Your work is completed

    After submitting all the documents and Patent application, we will mail you the acknowledgement regarding same.

    CONGRATULATIONS

Rights and Validity Expiration

The patents filed will be thoroughly evaluated and examined for its resourcefulness, applicability and originality before granting rights to the applicant. The patent once granted, makes available the rights claimed by the applicant for a fixed period of time. The holder has the permission and exclusive rights to manipulate or explore the patented product or invention within the National Territory or within the valid patent limits.

The patent holder can prevent unauthorized or illegal production or trade of the patented product or the process of production of the process. The extent of protection of the patented product depends on the claims submitted by the applicant. The holder is also insured against any potential damages that might occur during the exploration or commercialization of the product between the date of publication of the patent and the date of definitive granting.

The Validity of an Invention patent is 20 years counted from the date of filing of patent application and the Utility Model Patent is applicable for 15years from the date of filing.

Criteria for filing a Patent

Novelty: i.e. some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.

Nature of the work: This includes class & description of the work, title of the Work. In case of a website copyright, give the URL of the website. You also need be mention the language of the Work

Date of Publication: Mention the date of Publication in internal magazines (if possible). Like a company magazine or a research paper submitted to a professor does not count as publication.

Why Patent Registration

  • Get royalty by licensing your patent
  • Protection for a period of 20 years in India
  • You can then utilize your invention yourself.
  • Stop others from using your invention without your permission

What is a Patent?

The Patenting system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.

TA patent is a grant by the India patent office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention.

This right excludes others from making, processing, producing, using, selling, and importing the product or process in India without patent owner’s consent.

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