Design Patent Application: How to get it approved?

by Ramiiz Raza Digital Marketing Manager

When or how can the inventor get the patent on the new design or prototype he made? Here you have all the answers related to the Design Patent Application. The design patent is limited to the featured items, namely ornamental appearance articles, a separate configuration and shape. It provides the external visual appearance of an article. In India, the patent has to be filed in the patent office but to complete the International Design Patent Application; you may have to file under IDAs, which can process a single application for different countries.  

One can also Apply for design application through the Hague Agreement, which governs the international registration of the design under the international bureau of WIPO. 

 

Some of the benefits are hereunder:

• The procedure for a design patent application
•  is easy. 
• Cost is one-tenth of the patent cost.
• You can save your design from being replicated.
• It will not have maintenance fees. 

 

How to apply Design Patent Application? 

 

 

Protecting the aesthetic feature of the article can protect the article from copy and desired its functional factor. Before the grant, an applicant can give all the details to the controller for the Provisional Design Patent, which provides the right to the inventor to protect the invention until the entire disclosure of the item. The provisional design patent has 12 months from the filing of the application.   

 

Elements of Design Patent Application

• The Preamble- name of applicant, title and description of the design.
• Design patent drawings or photographs.
• Description of the patent.
• Description of the figures.
• A single Design patent claim.
• Declaration.

 

Procedure to Apply for design patent

 

 

1. Write the details of the invention, including name, description, how it works, and pros of such invention for its legacy. 
2. Moreover, to attached the design patent drawings, sketches and photographs for the betterment of the controller to understand.
3. To identify whether it is patentable or not under the Patent Act of India.
4. To check whether it meets all requirements of the Patent Act to enable the design as subject matter with novelty and non-obvious.
5. Now, will make a report on the detailing provided to ensure the individuality of the design. The controller made a report to the Indian Patent Office called the “First Examination Report”.       
6. You have to provide the complete specification if you have a full description of your invention. Otherwise, you may opt for a provisional design patent application due to the early stage of the invention that also secures your filing date with the invention for 12 months.
7. After filing, the design patent shall be published after 18 months for acceptance or if there is any objection from such party.
8. Now examiner considers the application for a patent under the request for evidence with patentability criteria from different aspects.    
9. At this last stage, if there’s any objection accumulated by the other party, then it must need to resolve. 
10. The grant of design patent was completed by notified in the Patent Journal. 

 

Note: If any objection arises, then the procedure of hearing has been held between the applicant. Afterwards, the controller decides whether the file is accepted or not. 

 

Approval of the design patent application

 

After completing the filing procedure, the report can be examined by the controller of the Indian Patent Office. After requesting the examination of the application, can make an approval after 48 hours and publish the design patent application in the journal. And the duration of the design patent is about 14 years from the date of issuing of the patent; in addition to this, you can also have an option to extend the protection of the patent.   

 

For grants, design patent claims are narrow, i.e. one claim only as compared to the utility patent, which can make one or more claims; you can say that with no claim analysis, the cost for design patent litigation is much more effective. The cost to file the design patent is very least compared to the other patent, which is about 5000 rupees and can vary according to the prescribed under the official gazette. 

 

Conclusion

 

To sum up the above writing by gathering the valuable information that if you want to protect your invention globally, you must file the international design patent application, a single application which covers the most of the country and can file through the Hague Agreement, which acts faster, more straightforward and at a cheaper cost but not everywhere you have to consider specific council of such country to grant the design patent.     

 

Also Read:

In a US design application, one can have applied and subjected to other procedures in the USPTO (the United States Patent and Trademark Office); this can provide the 6 months for the applicants to file the design patent application in 0other countries too after claiming the priority from US patent design.  

 

 

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Created on Apr 27th 2022 00:48. Viewed 106 times.

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