Design Patent Filing Services

A Design refers to the features of shape, configuration. Pattern, ornamentation or composition of lines or colors applied to any article, whether in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye. Design does not include any mode or principle of construction or anything which is mere mechanical device. It also does not include any trade mark or any artistic work.

Step 1 Finding out whether any registration already exists

The Designs office can assist you to search whether the design has been previously registered. If the registration number is known, Form No.-6 should be filed along with the prescribed fees of Rs. 500. If the representation of the article or the specimen of the article is filed Form No.-7 along with the prescribed fees of Rs. 1,000 is required.

Step 2 preparing a representation of the design

A representation is the exact representation of the article on which the design has been applied. It should be prepared on white A4 size paper of durable quality. Do not prepare it on cardboard or mount it on other paper. Indicate details of the design and applicant clearly.

Step 3 identifying the class of design

Designs are required to be categorized in separate classes in order to provide for systematic registration. An internationally accepted classification of Industrial Designs based upon the function of the article is required. The class and sub-class should be mentioned in the application. There are 32 classes and most of the classes are further divided into sub-classes.

Step 4 providing a statement of novelty

A statement of novelty should be included on the representation of a design as per the Act in order to specify the claim. This will enable speedier examination and provide a more specific protection. The claim will protect the overall visual appearance of the design as described in the representation of drawing.

Step 5 including a disclaimer

If the ornamental pattern on an article is likely to be confused with a trade mark, suggests any mechanical action or contains words, letters, numerals, etc., a disclaimer should be included in the representation.

Step 6 claiming a priority date

If you have applied for protection of the design in convention countries or countries which are members of inter-governmental organizations, you can claim registration of the design citing a priority date in India. This is the date of filing of the application in any of such countries provided the application is made in India within six months.

Step 7 determining the fee to be paid

Applications are to be accompanied by the required fee through cheque or draft payable at Kolkata or in cash (if filed in Design Office, Kolkata).Application for the registration of design is Rs 1,000 and for renewal it is Rs. 2,000.

Step 8 Ensuring all enclosures are attached

File an application only after ensuring that all enclosures and fee in the required numbers are attached. Applications can be filed in either the Design Office in Kolkata or the branch offices of the Patent office in Delhi, Mumbai or Chennai.

Step 9 Complying with objections (if any)

If the Design Office seeks additional information or clarifications after preliminary examination, please ensure that these are provided promptly. This will help the office to take up your application for early examination.

Step 10 Providing full details

While filing an application make sure that all contact details and addresses are clearly and legibly filled in. This will enable the office to keep in touch with you and convey decisions.

Eeva's Patent Engineers have vast experience in providing drafting services for MNC's, SME's inventors, law firms and Academic institutes. We ensure complete security of information and complete confidentiality for our clients. Every employee signs a Non-Disclosure Agreement before joining the company.

Patent Proofreading Services

We follow a multiple level, graduated review process to ensure uncompromising, best of quality and timely proofreading services to our clients at affordable prices.

Office Action Responses

We work closely with the clients to frame the comments/ arguments corresponding to the examiner's point of view and draft the office action response to final and non-final office action. The team also assists the clients in amendments in the specifications and claims, acceptable by examiner and enforceable under patent law.

Disclaimer: Please note that in an endeavor to comply with recent notification related to rules in the United States, we strongly advise our clients to go through the recent notifications related to outsourcing in the Federal Reg. Vol. 73, No. 142 / Wednesday, July 23, 2008 / Notices.

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