Design is defined as, ‘the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article 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 of construction or anything which is in substance a mere mechanical device and does not include any trademark or property mark or artistic work’ . [Designs Act, 2000]
In the context of Industrial design protection relates to the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, ornamentation of any article made by industrial, industrial commodity or handicraft.
1.Industrial design registration in India
• Takes about 6 ~ 10 months.
• Follows ‘First-to-file’ rule.
• File Industrial Design Application at any branches of the office of the Controller General of Patents, Designs, Trademarks, and Geographical Indications Office.
• Separate applications needed for individual designs.
• Cost according to prescribed fees as per Indian Patent Office.
For more information www.ipindia.nic.in
Essential requirements for the registration of ‘industrial design’ under the Designs Act, 2000
• Design should be new or original, not previously published or used in any country before the date of application for registration.
• Design should relate to features of shape, configuration, pattern or ornamentation, composition of lines or colours applied to an article.
• Design should be applied to any article by any industrial process or means whether manual, mechanical, chemical, separate or combined.
• Design should not be linked to any functional aspect of the article.