Introduction
In addition to the numerous brands of goods we use every day, intellectual property also refers to the inventions made by human minds. We frequently confuse the categories of patents and designs, which are both parts of intellectual property. But these two couldn't be further apart. Patent protection is not the same as design protection.
What is Design Registration?
By adhering to the Designs Act, of 2000, design registration at the Office of the Controller General of Patents, Designs, and Trademarks safeguards against product duplication. A product's design may be registered by the Act if it has a novel design, structure, patterns, and arrangement of lines, ornament, or specific combination.
Since a design registration aims to preserve solely the design's aesthetic appeal, it excludes any elements that are merely mechanical devices, modes of construction, artistic creations protected by the Copyright Act, and trademarks protected by the Trademarks Act. A single class of articles is the focus of each design registration, which is chosen using a classification scheme outlined in the third schedule of the Designs Act. The International Categorization system serves as the foundation for the entire classification scheme.
A design registration normally lasts for 10 years from the date of registration, with a possible five-year extension upon request. Except in cases where the applicant also asserts precedence from an earlier application filed in a country, the date of registration is identical to the application date for registration. The priority application's filing date coincides with the date of registration.
What is Patent Registration?
A patent gives the inventor the only authority to use their idea. The patentee will be granted complete control over the patented product or production process through patent registration, including the right to make, use, sell, import, and control all aspects of its manufacture. Once the innovation has been registered as a patent, it cannot be used by anybody without the patentee's permission. The invention must be inventive, involve an inventive step, and be practical for use in industry, among other requirements. These requirements determine whether the invention is patentable or not.
The invention may be related to a process, the machine, computer software, or any other area of work or production that has not yet been made generally available. Regardless if an application is completed with a preliminary or comprehensive specification, the patent registration process is not perpetual and is valid for 20 years from the day the patent registration request is filed with the authority.
Process of Design Registration
Step 1: Submit an application.
In addition to the required filing fees, the application must be properly submitted using the prescribed form (Form -1), and it must include details like the applicant's full name, address, nationality, article name, service address, class number, and four copies of a design sample for an article that is printed on sturdy paper that measures 210 mm by 296.9 mm and has a suitable margin on each copy. Images, sketches, and computer graphics should all depict the design's components from a variety of angles. The applicant or a representative acting on his behalf must sign the application. Form 1 and supporting documents are required to be filed with Form 24 for small enterprises.
Step 2: Ask for an examination
The request for registration of a design is the only method used to submit a design application for scrutiny, unlike the process used for patents. Therefore, there is no need to submit a separate request for inspection to the Indian Patent Office in this regard.
Step 3: Raised Objections
Any objections or defects discovered during the application's evaluation are communicated to the applicant or his/her agent at the address indicated for service. This deadline may be extended for an additional three months with a written request and payment of the relevant fee, but it must be fixed within six months after the application date.
Step 4: Justification Hearing
If the problems are not fixed as the Controller has instructed, the applicant will be given a hearing. The controller has the discretion to approve or reject the application following the hearing. The applicant or his representative will be informed in writing of the controller's decision and its rationale. The applicant may appeal the controller's judgment to the High Court if he disagrees with it, but he must do so within three months of the controller's decision date.
Step 5: Application approval
The request will be regarded as abandoned if the applicant has disregarded it and does not take the necessary actions to fix any issues or errors within the specified time. A request is also accepted once all issues or objections have been resolved. The Patent Office Journal refers to the application.
Process of Patent Registration
1st step: Setting up your invention
It is crucial to gather as much data as you can for an innovator who wants to get the invention in his name. What is the invention's field, how it is going to benefit someone or society, and how will it help improve currently available solutions or if it is coming up with some great solution are some important issues that the inventor needs to consider before getting a patent? Not every innovation qualifies as a patented idea which is why it is necessary to check whether the subject matter is appropriate or not. The Patents Act's Section 3 lists those types of subject matter.
2nd step: Search for Patents
The inventor must first clarify the invention before searching for patentability as this step is crucial since it will clarify whether or not the invention is novel. According to the Patents Act, all inventions must satisfy novelty requirements. After a thorough search and creating a patentability report, the patentability view can be examined and this whole process tells about the requirements of patentability.
3rd step: Filing of Patent application
After this process, an application for a patent can be filed in a government office using Form 1 of the application form. The receipt would be having a patent application number on it. In the early stages of invention, Form 2 can also be used to submit a provisional patent application. An earlier date of filing, which is essential in the field of patents, can be obtained by submitting a provisional application. An authentic creator has 12 months to submit the entire description. Startups and small businesses must submit their patent applications using Form 28's application form. This whole specification must be submitted within 12 months.
4th step: The Application's Publication
The application is publicized once 18 months have passed since the filing date after the declaration has been filed. There is no requirement for the applicant to meet any unique requirements to be published. If the applicant wants to seek early publication before the 18-month period has passed, they must submit Form 9 which is available on intellectual property India's government site. Typically, a patent application is released one month after an early publication request.
5th Step: Request for Examination
The applicant must request the patent office to examine the patent application because, contrary to the publication, the examination is not an instant procedure. As per Form 18, the standard request must be submitted to the authority within 48 months of the application's filing date. Upon receiving such a request, the controller will send the application to a patent examiner, who reviews it for novelty, non-obviousness, inventive step, and industrial applicability before sending the applicant the First Examination Report (FER). The applicant can also seek Form 18A to request an expedited review of the application on the same matter.
6th step: Address the objections and clearance of objections
The First Examination Report that is FER is where the applicant must respond to the patent office's objection. The objection expressed in the examination report is likely to receive a formal response from the applicant. The applicant can clear any objections by demonstrating the invention's patentability.
7th step: Patent granted
Grating the patent will be done after all the patentability requirements are met. Grant of the patent is announced in the patent journal, which is occasionally published. By sending a notice of opposition to the controller within a year that is 12 months from the date the grant of patents was published, any party with an interest may file a post-grant opposition. According to Section 25(2) of the Patents Act of 1970, any interested party may submit a notice of opposition to the Controller in the manner prescribed on any grounds at any time after the grant of a patent but before the expiration of a duration of one year from the publication date of the grant of a patent.
Conclusion
Particularly, registering a design is much less expensive than registering a patent. On the other hand, costs for the renewal of design rights are only needed once, five years after the design application was submitted. The demand placed on the patent application accounts for a sizable amount of the cost differential. Patent applications can be more time- and money-consuming than design applications because they need significant planning and thorough specifications. Furthermore, annual renewal fees are necessary to maintain the validity of your patents. On the other hand, costs for the renewal of design rights are only needed once, five years after the design application was submitted. Due to the reduced cost of registering them, design rights have substantially shorter periods of security than registered patents. Following the submission of a request to register a design right, the maximum protected duration is ten years. But at the other hand, a recognized patent has a 20-year maximum protection period. Both patents and design rights provide different levels of protection for different categories of intellectual property.
eStartIndia will help you with all Design and Patent Registration from the comfort of your home.
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