Sagacious IP’s India Design Filing and Prosecution service enables you to not only secure the registration of designs but also keep a record of filed designs in order to keep a track of deadlines. This in turn enables you to reply to examination reports on time and defend your rights against theft.
The time taken for a design patent application to mature into a design patent registration depends on the effectiveness of the application, the flow of the procedure, and country-specific norms. For instance, in India, it takes nearly 7 months for a design patent application to get registered.
Once an applicant submits a patent application with the PTO, the invention is then categorized as ‘patent pending’. While the ‘patent pending’ status does not provide enforceable IP rights against duplication, it allows an applicant to retroactively claim damages after the provisional patent application gets published. However, this can only happen under the condition that the non-provisional patent gets issued subsequently and the lawsuit remains successful.
Generally, a ‘patent pending’ status discourages competitors from plagiarizing the invention as it would restrict them from using or selling it after a patent grant. Similarly, the applicant can issue certified letters to duplicators and notify them that the patent grant is pending.
Design patents are granted for a limited period, the duration of which differs from country to country. According to the World Intellectual Property Organization, the period of protection for design patents can last for at least 10 years. For instance, a design patent lasts for 10 years in India, 20 years in Japan, and 15 years in the US (for those filed on or after May 2015). All durations start from the date of registration in these countries.
A priority claim is a method of linking a later-filed patent application to the one which has been filed earlier. In US design patents too, a priority claim is made to a patent application that has already been filed. It allows an applicant to claim priority in a later-filed patent application to the earlier-filed U.S. provisional and non-provisional applications.
An applicant can monitor the status of design patent filing with the help of Madrid Monitor. The real-time search option can be used to find out the status of documents being processed by the World Intellectual Property Organization.
Design patent prosecution refers to the overall process of filing a design patent application, issuance of examination report with objections, responding to the said objections, attending hearings if any, acceptance of application and issuance of a certificate of registration.
Prosecution of a design patent application is important to obtain a design patent within a specific jurisdiction.
A patent examiner is designated by the concerned patent office to examine a design patent application.
An examination report with objections in India is generally issued within 3-4 months of filing of a design patent application.