Registration of industrial designs in India – Every company that owns an industrial design and intends to expand its business in the Indian market should use the Indian intellectual property system. It is paramount for businesses to file an industrial design application in India for industrial designs, even if the launch of the respective product on the market in India has not yet commenced.
Requirements for Industrial Design Registration Application in India
An industrial design application in India requesting the right of priority must be filed within 6 months from the priority date. This term is non-extendable.
The official language of the proceedings before the patent office is English or Hindi.
The following information and documents need to be provided in the application for registration of an industrial design in India:
- name, address, and nationality of the applicant, business address;
- request for design registration;
- representation of a design;
- class and sub-class of goods for which registration is sought according to the Locarno Classification;
- payment of the prescribed filing fee.
The Priority Document may be submitted with an extension of 1-3 months and the payment of the required official fee if it is not provided at the time the application is filed. It is also necessary to file a certified English translation of the priority document if it is not in English.
The Power of Attorney does not need to be legalized or notarized. To fulfill the filing requirements, the Power of Attorney must be presented in original form with the designated design application number.
Examination of an Industrial Design Application in India
The Indian Patent Office conducts a formal and substantive examination of all design applications submitted. Since the Design Office conducts the examination automatically, there is no need for a particular request.
Validity period and renewal of industrial designs in India
If the exhibitor has given the Controller prior notification in the required form, the novelty grace period for an Indian industrial design application is six months from the date of disclosure. The following actions are considered disclosure under the law: displaying the design at an industrial or other exhibition (to which the provisions of the corresponding article of the Designs Act have been extended by notification in the Official Gazette); publishing the design during or after the exhibition; and exhibiting or publishing the design or the description of the design by anyone else elsewhere during or after the exhibition without the proprietor’s consent.
The registered design is valid for 10 years from the registration date after being granted and published in the Design Office’s Official Journal. If the request for an extension of the registration period is submitted before the 10-year term expires, together with the required official fee, this term may be extended for five years. When the renewal cost is not paid in a timely manner during the 10-year registration term, a grace period of twelve months from the date of registration expiry and a surcharge is applied.
Represented by an industrial design registration attorney
An international applicant for an industrial design registration in India should perform an industrial design search in India through a law firm, or an industrial design attorney.
You can see a list of India IP firms here.
