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Patent & Design

HomePatent & Design

A patent is an exclusive right for an invention, which could be a product or a process that provides a new way of doing something or offers a new technical solution to a problem.

Documents Required:

  1. Patent Application Form (Form 1): This includes details of the applicant(s), inventor(s), and the invention itself.
  2. Specification: This document describes the invention in detail, including how it works and how it is made.
  3. Drawings: If necessary, technical drawings mean it’s 3D view from all side that illustrate the invention, may be required.
  4. Abstract: A concise summary of the invention.
  5. Declaration of Inventorship /Form 5: Declaration by the Inventorship of the invention.
  6. Priority Document (if applicable): If claiming priority from an earlier application filed in a convention country.

Registration Process:

  1. Filing: Submit the patent application along with the required documents to the Indian Patent Office either physically or online.
  2. Publication: The application is published after 18 months from the priority date or filing date.
  3. Examination: Request for examination must be filed within 48 months from the priority date or filing date. The patent office examines the application to ensure it meets all the criteria.
  4. Grant: If the patent office is satisfied with the examination results and any objections are resolved, a patent is granted.
  5. Renewal: Patents are valid for 20 years from the filing date, subject to annual renewal fees.

A design refers to the visual appearance of a product, including its shape, configuration, pattern, ornamentation, or composition of lines or colors applied to the product.

Documents Required:

  1. Application Form for Registration of Design (Form-1): Includes details of the applicant and representation of the design.
  2. Representation of the Design: Drawings, photographs, or other visual depictions showing the design from different angles like 3D/ 4D view.
  3. Statement of Novelty: A statement declaring that the design is new and original.
  4. Number of Members: Must have a minimum of 7 shareholders (no maximum limit).
  5. Priority Document (if applicable): If claiming priority from an earlier application filed in a convention country.

Registration Process:

  1. Filing: Submit the design application along with the required documents to the Authority.
  2. Examination: Examination for designs is not automatic; it occurs only if there is an opposition or if the controller of designs requires it.
  3. Registration: If no objections are raised during the examination period (or objections are resolved), the design is registered.
  4. Renewal: Designs are initially registered for 10 years from the date of registration, renewable for another 5 years upon payment of renewal fees.

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