What are the documents required for filling a patent application?

Posted On & filed under .

The following documents are required for filling a patent application –  Application Form (form 1), Specification (Provisional/Complete) [Form 2], Drawings (if any), Undertaking under section 8 (form 3), and Power of Authority (if the patent application is filed through a patent attorney) ‘Design’ means only the features of shape, configuration, pattern or ornament or composition… Read more »

Why one should go for a patent?

Posted On & filed under .

To enjoy the exclusive rights over the invention. If the inventor does not get the patent rights over his invention and introduce his product/process based on his invention in the market, any body can copy his invention and exploits it commercially. To debar others from using, selling or working out his invention, the inventor must… Read more »

What information is required for conducting search?

Posted On & filed under .

To conduct a search the description, drawings or photographs of the invention, showing how it is made, operated and used would be helpful. Further details of any known prior art; a summary of the prior art’s shortcomings; an explanation of how these are overcome by the invention; a list of any other advantages of the… Read more »

Is there a time period for submitting priority document in case of applications claiming priority from an earlier filed application?

Posted On & filed under .

Yes, the priority document should be filed along with the application. However if not filed with the application it may be filed within three months along with prescribed fee from filing date in India. ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied… Read more »

Is it necessary to record a Design Assignment with the authorities?

Posted On & filed under .

Design assignments must be registered with the authorities within six months of the date of execution or within an extended time period of six months. ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional… Read more »

What are civil remedies for design infringement?

Posted On & filed under .

In case of infringement of a design, the proprietor may bring a suit against the infringer for recovery of damages, injunction to stop there use and seizure of infringing products. As per Section 2(d) of The Indian Design Act, 2000, “design” means the shape, configuration, pattern, ornament or composition of lines or colours applied to… Read more »

Are any criminal remedies available in case of Design registration infringement?

Posted On & filed under .

No, there are no criminal remedies available in case of Design infringement. As per Section 2(d) of The Indian Design Act, 2000, “design” means the shape, configuration, pattern, ornament or composition of lines or colours applied to an article, whether in two or three dimensional, or in both forms by any industrial process or means,… Read more »

Can a design registration be restored?

Posted On & filed under .

Yes, a Design registration can be restored within a year from its date of expiry. ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means,… Read more »

What is the approximate time from filing to registration?

Posted On & filed under .

Generally, it takes 6-9 months from the filing to the issue of registration of design certificate. Generally, the examination is conducted within 3-4 months from the filing date of the design application. The applicant is required to comply with all the objections/requirements raised in the official action within the six months from the date of… Read more »