Patent is an exclusive rights given for the patentee in order exploit the invention in various means and get benefits out of it, whereas the patent is given for the invention and inventive step. However designs can also be patented and you can have the right over your creation. Design can be a combination of shapes, pattern, ornament, configuration, combination of lines or colours, which should be in either 2d or 3d form, which should be applied to an article and it should be created by means of any industrial process i.e. it could be done manually, mechanically, chemically or by any combination process thereof. It should be in the nature of visible thorough eyes.
And it shouldn’t be a trademark or a copyright in order to patent the design. The ultimate benefits out of patenting the design is for the monopoly over such design thorough that can get competitive advantage over the competitors in the market so ultimately can get profit out of it. And also it will be a unique for your business which ultimately gains the reputation and also an identity to your business. Also such patent gives the right to exploit such design commercially and also to enjoy such designs peacefully without any endurance in case any disturbance arises the patentee have every right to sue for the infringement and can get compensation for the losses occurred.
The procedure with respect to the design registration begins as usual with an application to the patent office. Such application need to filed with prescribed form and format, and the prescribed fee also need to be paid while applying for the design patent. Also need to submit four copies of the design which you want to get patented. Once the application is filed and fee paid, the examination begins unlike the normal patent where we need to make a request to begin the examination by the controller, here it begins automatically once the application filed. And rest of the procedure as like as the procedure for the patent, where after the examination the controller will give the report over such examination and sometimes he may ask to change or to clarify certain aspects with respect to the design.
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For these clarifications you must reply for within six months from the date of such report. Once you replied and the controller satisfied, the design will be published in the patent journal in order to welcome the objections. Once published no objections raised within six months the design will get registered and the certification of patent will be issued, in case objections arises the controller will hear the parties and dispute the issue based upon the order the result of the design patent will be declared. And as an aggrieved party at any time you have every right to appeal for the intellectual property appellate board.
The term of protection will be for ten years and further can be extended up to five years.
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