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Industrial Design India| Design Registration Procedure in India

Design Filing & Registration Procedure in India

Requirements and Procedure for Design Registration, Design Process in India

Registration and filing of design application before the Indian Patent Office is time bound in India.  Industrial design is a type of Intellectual Property created by human mind. There can be many designs for industrial articles and the same can be protected under design act in India. The industrial articles are used in commerce for selling for example, the design of coke bottle is design protected.

Moreover, Industrial design is governed by Intellectual Property rights which provides the owners or applicants of the design to reap the benefits from their works when these are exploited commercially and stop any competitor from copying. So to benefit the owner Intellectual Property rights are given to them to reward their creativity which will help the human race to progress to next level.

The word ‘Design’ has been defined under the Designs Act, 2000.

The word ‘Design’ relates to only  the features of shape, configuration, pattern or ornament or composition of lines or colour or 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, but does not include any mode or principle or construction or any thing which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

Even the word article has been defined under the Designs Act, 2000. Article refers to any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately;

Importance of Registration of Designs in India 

The main objective of any registration related to Intellectual Property protection is to provide the owner of the design the exclusivity to sell the article without being copied by the competitor. Moreover, the protection of the patent design protects the new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or method.

We as consumers buy stuff which is perceived by human eyes, so the appearance of the article should be very appealing. The important point of patent design registration is to provide the creator,  who might be an artisan or originator of a design having aesthetic look is not deprived of his hard work in designing new articles or products.

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