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Industrial Design / Design Patent Online Application

BananaIP Counsels > Industrial Design / Design Patent Online Application

Industrial Design / Design Patent

 

A design patent is a form of intellectual property protection which allows an inventor to protect the original shape or surface ornamentation of a useful manufactured article. This applies to any unique form or otherwise perceivable design features of an object – for instance, a chair, table, hand tool, clock, bottle or purse.

Whether an invention falls under the scope of a design patent can be a tricky question. There are two basic criteria for eligibility:

  • The design must be industrial. Thus, a painting or sculpture is not eligible for design patent protection because it is not separable from a useful object.
  • The design must not be dictated by the function of the article. That is, if the design specifically affects the way the article works, that design would not be separable from function and would not be eligible for design patent protection (though it may be eligible for a utility patent).

Like all patents, a design patent is a right to exclude. That is, it gives the owner the right to exclude others from making, using, selling, offering to sell or importing articles with the particular design without permission. And design patent rights can be enforced in federal courts. Design patents last for 15 years, with no maintenance fees required.

Procedure for Patent Design Registration

Fill application form

We Conduct Research

Prepare Application

Design Submission

Your work is completed

Why BananaIP Counsels ?

 

  • BananaIP hosts an experienced and highly qualified team of patent attorneys, agents, and technologists;
  • Formerly as Brain League, and now as BananaIP, the firm has filed and managed thousands of patents and patent applications for clients in India, USA, Europe, China, Japan, etc;
  • Being the first firm in India to professionally offer patent portfolio management services with a proprietary tool, BananaIP is the leader in portfolio management;
  • BananaIP has well established international reach and partnerships to help clients file and prosecute applications in more than hundred countries;
  • The Firm’s proprietary project and portfolio management tools enables it to track, manage and deliver projects in an organized and timely manner;
  • Over the years, BananaIP’s attorneys and agents have developed proprietary templates and tools to address specific business needs of clients;
  • The expertise of BananaIP’s patent attorneys and agents allows clients to save patent portfolio costs and maximize business value; and
  • The firm’s presence in Bangalore, Chennai, Mumbai, Hyderabad and New Delhi provides clients easy access to the firm’s patent attorneys and agents.

Fun IP

Fundamentals of Intellectual Property

Click the image to download the Free copy of FUN IP

The aesthetic / visual appeal of a product /articles because of the lines, contours, colours, shapes, texture or materials applied to it. In essence, it is the way a product looks. 
Any 2D or 3D article or a combination of the two can be the subject of design registration. For example: Carpets, Mats, Bed-sheets, Clothing apparels, Toys, Bottles, Shapes of Soaps, Cakes, Biscuits, Cars, Tyres, Jewellery, Furniture, etc. In other words, nearly any and every article that can be manufactured can be protected under designs. 
Designs protect the product’s look and feel only. A design application cannot be filed for functional features of a product. The functional features can however be the subject of patents. 
Some product shapes or designs become associated with the company. For example, you will always be able to distinguish an iPhone from any other phone in the market. Similarly, you will always associate a square / diamond shaped biscuit with ridges with Parle’s Hide & Seek and an intricately designed circular biscuit with Cadbury’s Oreo. Therefore, securing a design registration can add a lot of economic value to the company’s assets. In addition to the above, you can:
  • License or sell your design rights to interested parties for a sum of money;
  • Stop competitors or potential infringers from copying your product’s design and making money out of the same;
  • Enjoy the rights for 10 + 5 years.
10 years. You can extend this period by another 5 years by paying a renewal fee.
The government fee for an individual is 1000 INR while the fee for companies is 4000 INR.

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