A design patent is a form of the legal protection of the unique visual qualities of a manufactured item. A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation, or both. In other words, a design patent provides protection for the ornamental design of something that has a practical utility.
Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers, and computer icons are examples of objects that are covered by design patents.
Why this License is Required?
A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation, or both. In other words, a design patent provides protection for the ornamental design of something that has a practical utility.
Who can get a Design Patent License?
Jewelry
Furniture
Beverage Containers
Computer Icons
Automobiles
Packaging
Document Required for Design Patent License
A certified copy of the original or certified copies of extracts from disclaimers
Affidavits
Declarations
Other public documents can be made available on payment of a fee.
Role of Shamkris and Process of Design Patent License
Shamkris adopts a results-oriented approach to compliance with mandatory licence requirements in the organization. A simple and guidance methodology help organisation to achieve licence in a timely manner and cost-effective. Shamkris support 100% in advisory, Guidance, Compliance with respect to license requirements to obtain approval.
The License process described below:
Advertising for the document required
Preparation of documents as per application & list of documents.
Application File
Verification of Application by the Department
Liaison department
License issued for 14 years
Renewal when due
Advisory for the document required
Preparation of documents as per application & list of documents.
A design patent allows patent holders to stop others from using, making, and selling the patented invention for 15 years from the date the patent office grants a patent application. A design patent holder can license the design to third parties in exchange for an agreed-upon royalty or licensing fee.
To qualify for a design patent, the subject must be new in the sense that no single, identical design exists in the prior art, it must satisfy the ornamental standards, and it must be original to the inventor or inventors seeking protection.
As a general rule: design patent applications should only be filed once the look of an invention is finalized or close to being finalized. … Simply put, design patents now have increased strength and consequentially value, and as such, may be worth pursuing more so than in the recent past.
Some examples of design patents include ornamental designs on jewelry, automobiles or furniture, as well as packaging, fonts and computer icons (such as emojis). Some famous design patent objects include the original curvy Coca-Cola bottle (1915) and the Statue of Liberty (1879).