According to the Designs Act, 2000 an Industrial Design is defined as “the features of shape, configuration, pattern or ornament or composition of lines or color or a combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.”
In simpler words an industrial design is the ornamental or aesthetic aspect of an article. It includes:
- outer appearance / aesthetic aspects applied to the product
- two-dimensional features, such as patterns, lines or color
- three-dimensional features such as the shape of an article.
Depending on the particular national law and the kind of design, industrial design is registered and protected under industrial design law as a “registered design” or under patent law as “design patents or under copyright law.
WHY REGISTER YOUR DESIGN?
An owner of the design registers an industrial design or design patent to prevent third parties from making, selling, importing articles embodying the design which is a copy, or substantially a copy, of their unique protected design and to earn royalty.
CRITERIA FOR REGISTRATING DESIGN
- New and original
- Not published prior in any country
- Not known publicly in India
- Significantly distinguishable from known designs or combination of known
- No technical or useful function of a product
- Finished article appeals to the eye design should be applied to an article by an industrial process doesn’t attract section 4 of design Act,2000.
- Not contrary to public order or morality
- Design cannot include trademark, property mark or any artistic rights as defined under the Copyright Act, 1957.
WHO CAN FILE THE APPLICATION FOR REGISTRATION INDUSTRIAL DESIGN:
Any person/proprietor of a design
- FirmPartnership / Corporate Body
- Legal entity
- Search and Analysis
- Industrial Design Filing and Registration
- Handling Objections/Office Actions/Examination Reports
- Design Renewals/MaintenancePortfolio Management.
We at IPR Studio are well equipped to assist all aspect of design application for filing in India.
10 STEPS FOR INDUSTRIAL DESIGN REGISTRATION