India Design Filing and Prosecution
About the Service
MaxinovIP’s India Design Filing and Prosecution service provides thorough assistance in securing the registration of your designs. We handle the entire process, ensuring that each design is carefully documented and monitored, helping you stay on top of every important deadline. Our service includes prompt responses to examination reports, allowing you to address the complexities of design registration with ease. By keeping a close watch over your design portfolio, MaxinovIP helps protect your intellectual property rights and guards against potential infringements.
Affordable and Results-Driven India Design Filing and Prosecution Services by MaxinovIP
Why Choose MaxinovIP for India Design Filing?
- A skilled team of over 500 professionals with extensive expertise in both Indian and international patent laws.
- Specializing in patent prosecution and enforcement, crafting applications that are both effective and enforceable, helping to potentially lower costs.
- Well-versed in global IP practices, having assisted more than 6,500 clients from over 60 countries across various sectors, including Life Sciences, Engineering, ICT, and daily-use innovations.
- Thorough understanding of the procedures and operations of each of the four patent offices in India.
- Established relationships within the Indian Patent Office, ensuring timely and precise communication.
How Can MaxinovIP Support Your Needs?
- Filing design applications within India.
- Providing prosecution services for design applications.
- Offering advice on legal actions related to the infringement of registered designs.
- Responding to objections raised against filed applications.
- Submitting convention applications for international design registration.
Schedule a free 1:1 consultation with our expert
Frequently Asked Questions
How long does a design patent take after filing?
The time it takes for a design patent application to become a registered design patent can differ depending on various factors, such as the quality of the application, procedural speed, and the specific regulations of the country. In India, for instance, the process generally takes around 7 months for a design patent application to be registered.
What protects design patent between filing and issuing?
Once a patent application is filed with the Patent and Trademark Office (PTO), the invention enters ‘patent pending’ status. While this status does not provide enforceable intellectual property rights against unauthorized use, it does offer applicants the opportunity to pursue retroactive damages if the provisional patent application is published and a non-provisional patent is later granted. This retroactive claim depends on the patent being issued and winning a legal case.
In most cases, the ‘patent pending’ label serves as a deterrent to potential competitors, reducing the likelihood of infringement by indicating that the invention is under examination and will be protected once the patent is granted. Furthermore, applicants have the option to send certified notices to potential infringers to notify them of the pending status of the patent.
How long do design patents last from the date of filing?
Design patents protect unique ornamental designs and are granted for a set duration that differs by country. The World Intellectual Property Organization states that design patents generally offer protection for a minimum of 10 years. For instance, in India, design patents last for 10 years, while in Japan, they are valid for 20 years. In the United States, design patents filed after May 2015 are granted protection for 15 years. The protection period begins from the date of registration in each country.
What does claim priority in filing a US design patent mean?
A priority claim is a strategic tool used to link a subsequent patent application to an earlier-filed application. This can also apply to US design patents, where a priority claim can be made to an already submitted patent application. By using a priority claim, applicants can establish priority for a later-filed patent application based on a previously submitted U.S. provisional or non-provisional application. This method ensures continuity and can bolster the protection of your intellectual property rights.
How to check the status of a WIPO design patent filing?
An applicant can easily monitor the progress of their design patent filing with MaxinovIP’s robust tracking tools. Using real-time search features, you can quickly view the current status of documents being processed by the World Intellectual Property Organization (WIPO).
What do you mean by design patent prosecution?
Design patent prosecution involves the entire procedure of submitting a design patent application. This includes reviewing and responding to examination reports, addressing any raised objections, attending hearings if required, and ensuring the acceptance of the application. The final stage culminates in the issuance of the registration certificate, confirming the design patent grant.
Why is it necessary to conduct design patent prosecution?
Successfully prosecuting a design patent application is essential for obtaining a design patent in any jurisdiction. At MaxinovIP, we support you through every stage of the process to ensure a favorable result.
Who evaluates a design patent application?
A patent examiner assigned by the appropriate patent office is tasked with reviewing and evaluating design patent applications.
How long does it take to get an examination report related to a design patent application in India?
In India, it is common to receive an examination report with objections about 3 to 4 months after filing a design patent application with MaxinovIP.