1) I have few designs images which I want to search if they are patented or not. There is no option of image search on https://ipindiaservices.gov.in/designsearch/ How can I search them ? 2) How to register for a particular design online by own ? 3) Do I need to tell from when I am using or when I had developed design ? If yes, How can I prove the year of making that design ? 4) One of the person has patented our design which we were not aware of. Now, can we oppose the same after he design has registered?And if yes, how can we get details like when he has claimed to prepare it originally?
Registration department of Copyright New Delhi is competent authorities under Intellectual property rights to solve your problems.
We can forward advice to you for compliance of legal provisions before competent authorities.
We are Advocates authorized to advice you lawfully and don't have power to provide you relief. You have to approach statutory authorities under Registration Act and IPR to comply the process.
It is upto your wish the way you proceed.
1. You can consult a trademark agency or a lawyer dealing with IP and trademark cases alone, who will be able to guide you properly in this regard.
2. You can follow the instructions and guidelines given in the website or consult a consultant dealing with the subject.
3. The procedural aspects have been clearly given in the website, you can follow that.
4. If your patent has already been registered by someone earlier you cannot object to that when you have not even started the process to register your patent.
You cannot object or agitate or restrict the existing registered patent for any reason, you may have to look for a fresh design.
1. Contact an agent for the same.
2. Go on the particular website and get it done
3. No, usage time is not to be specified.
4. If you were not patented the designs before another person use than you cannot oppose
Pantent is touch job and require expert to apply for it. Search and pantent application can prepare by expert only.
No need to prove, in patient application mention date of design.
When somebody applies for patent, objection is raised by registering office and if no objection receive and design not already patented, grants partner. Now have to file case in court for appropriate relief.
- You cannot get that , your designed images are already patented or not.
- You should apply for registration of the same , with 4 copies of your design, and which must be of size 33cm x 25cm with a clear view , before the Patent office in Jaipur.
- Further , if this design has already patented , or in case any defects in your application , then you will be informed by the official of the said office.
- Further if there is any defects in the application or the said given design already patented , then you will be give six months time to refurnish the same.
- Further, this registered design is valid for a period of 10 years from the date of registration of the Design , and further it can be renewed for 5 years.
1. Apply for registration with your design
2. As given above
3. The Indian Patent Office is administered by the Office of the Controller General of Patents, Designs & Trade Marks , and you can apply online on National government services portal .
4. If the said Design was not registered in your name , then after producing evidence , you can lodge a complaint against him , and can also send him notice to leave that design and further can also claim compensation as well.
you need to check it wit patent inspector at patent office. you can seek search of the said patent by paying nominal fees
To search patents you need a patent database. Not too long ago, your search had to happen at the patent official website.
Dear Sir,
You can get your designs patented online using the online portal for the same. After filing the application and giving the details for the same, the chance is given for objection by other parties to file the objections. You need to tell that the said design has been fully developed or created by you only. The same thing is applicable to the design patented by other person which is created by you and you are suggested to file the objection for the same, The details of the same can be found online portal as well.
1. You need to approach some agent dealing in registration of Intellectual property.
2. You just need to provide the proof that design in original and made by you no need to specify the period from which you are using the design but it will be beneficial if you mention the period from which you are using the design.
3. You cannot oppose the patent once registered by another person.
You can contact me. A patent search report is generated by a lawyer after scouring through various patents and other things.
Patent registration and opposition is done region wise ie offices are located in India.
