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Welcome To Patwise Consulting Solutions-Design Patent Consultant|Design Patent|Design Patent Law Firm:
What is a Design Patent?
design patent is a form of legal protection granted to the ornamental design of a product. Design patents are a type of industrial design protection, that is offered to the external appearance and details. Ornamental designs of jewellery, furniture, beverage containers, apparel design
Can utility of a design be protected by a Design Patent?
No! the utility of a design is not protected under the Designs Act. Only the ornamental look if the object as it is filed in the application is protected. Any utility aspect related to the product design have to be filed in the utility Patent application.
What is the Fee for filing design application in India?
Design Patent application fee as fixed by the Patent office is 4000 INR for Companies and 1000 INR for individuals. Click here to discuss more about your design innovation.
Why get a Design application if I have previously filed a Patent application?
A utility patent protects the technical and scientific advancement of your innovation. However, it does not protect the look and feel of your final product as it appeals to the eye of the customer to position your product. A design is like a form of copyright, but protects the ornamental aspect of the industrial products like a jewellery, apparel and consumer products. Hence it is important to understand if your innovation needs to be protected by both the utility Patent and a design patent.
If you are interested in obtaining a Design Patent or have questions about the process, please contact us today.
Stages of Design Patent
- Design application opinion & consultation
- Optional Design Patent Search in technology Class.
- Design Patent Illustration & Application filing
- Design Patent Prosecution – Examination by Patent office, Reply to the Objections if any, Hearing if any
- Issuance or Appeal
- Renewal and Maintenance of Patent
- Optional Design Valuation – Licensing opportunities such as Royalty and sale.
FREQUENTLY ASKED QUESTIONS
As long as your invention is new or Novel, has an inventive step and commercially
marketable the innovation is partly patent eligible. If your invention has ornamental
and design elements that are novel, then it can be filed for a design patent protection.
Reach out to us and we will help you identify which form of IP suits your invention.
According the Indian Patent Act, a patent in India can be filed by:
- A natural person(s) and/or a start-up;
- A small entity, alone or with a natural person(s) and/or a start-up;
- Others alone or with natural person(s) and/or a start-up and/or small entity
Yes, You can file a design patent outside of India. We suggest you file the application
first in India and have the priority date of the application prior to filing outside of India.
A design application can be filed at any of the four Indian Patent Offices (Chennai, Delhi, Mumbai and Kolkata). However, all the applications are examined at the Kolkata Design office.
An inventor(s) is any and all person who have contributed substantially to the Novelty of the invention as filed in the Design patent application. An inventor is an individual only. Unlike publication, all inventors are equally contributed to the Design Patent application.
An assignee is an individual or company, who has the commercial rights to the Design Patent application. The assignee can be all inventors, company or combination or inventor and company
TNo! if the Patent office reject the patent application, no fees paid to the patent
office nor the fee paid to Patwise is reimbursed. Hence it is suggested you do
a Design evaluation and search prior to investing money in any of the IPR
procedure.
Contact us
We would love to hear from you!; On your IP needs and more
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Mob: +91 9884711273
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