The registration and protection of designs in India is administered by various laws and it gives absolute right to the owner to the design. The validity period for the protection provided by the registration is 10 years from the date of filing
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Patents, utility models and designs in Nigeria are protected by various laws.
When applying for the registration of a Design multiple Designs Application is not possible. nonetheless, according to the law, an application may include more than just one industrial drawing or design, provided that such drawings or designs are interrelated in terms of manufacture and uses, and that their total number does not exceed 20 drawings or designs.
For a design to be patentable if must meet the criteria of Novelty, Inventiveness and Industrial applicability.
Industrial designs are subject to formal examination. However, no substantive examination is performed on industrial designs. Accelerated examination system does not exist in the, and publication fees are to be paid only upon receiving an official notification from patent Office confirming their formal acceptance of the application; otherwise, the application will automatically lapse and payment of restoration fees will be applicable to revive the same.
Published applications may be opposed by any interested party within a specific time period from the date of publication. If no opposition is filed, a Design Certificate shall be issued indicating the registration number & date.
The protection term for a Design is upto10 years from the filing date and this is non extendable.
With respect to Design Registration, annuities must be paid within a specific time period as from the relative anniversary date of filing and is payable before the granting of the Design. A grace period is granted, subject to payment of monthly penalty.
However, the non-payment of annuities after the expiration of the grace period would result in the lapse of the application, and payment of restoration fees will be applicable to revive the same. It is allowed to pay the annuities in advance for each or part of the validity period of the design.
To get your Design registered in India, don’t hesitate to contact our expert Intellectual Property Professionals. We are just a dial away.