Design

Inventions that fall within, or overlap with, disclosures in the prior art are called “selection inventions”. Generally, selection inventions involve the selection of one or more specific embodiments, such as individual elements, subsets, or sub-ranges, within a larger known set or range disclosed in the prior art. This raises critical questions around how the novelty and inventive step of selection patents should be judged. ......

Design marking is a method used by proprietors to signal that their article is protected by design rights. It entails “marking” an article in a manner that informs the public at large that the article in question is the subject matter of a registered design. The issue of whether design marking is necessary or not has come up on occasion before Indian courts, who have tackled how such marking acts as an indicator of registration, and explained the rights that follow. ......

The Designs office has now made its register electronically available, thus joining the ranks of the Patents E-register, making the database of registered designs available in entirety. ......

What are the various stages and the timelines involved in the grant of an Indian design application? An Indian design application goes through the following stages, till grant: Filing: First application in India: It is recommended to file the first application in India as soon as possible after a design is conceived. Convention design application......

Six months after it became a signatory to the Locarno Agreement (which establishes a classification for industrial designs), on 25 January 2021, India notified the Design (Amendment) Rules, 2021 to formally adopt the “Locarno Classification”. ......

1. Who can file a design application in India? The following can file a design application: One or more authors of a design, One or more persons who have acquired the design, One or more persons for whom the design was developed by the author, or One or more persons on whom the right to apply for the design has devolved from the original proprietor. ......

1. What is the period of registration of a design in India? After the registration of a design, the design registration subsists for a period of ten years from the date of registration. The period of registration may be extended by additional five years by filing an application before the expiry of the said period of ten years. 2. What is the date of registra......

1.Can an applicant claim a reduction in official fee for a design application? Yes, the applicant can claim a reduction in official fee if the applicant is: a natural person a startup a small entity 2.How much fee reduction is available under Indian Design law? 75% reduction in official fee is available if the applicant is a natural person, a start......

1. What are the permissible amendments under Indian Design law?   Document/ information which could be amended When Name and address of Applicant address for service - Anytime during the pendency of application; - after registration Any document for the amendment of which no special provision is made in the Act may be amended (including c......