Jewellery designers are entitled to copyrights according to Intellectual property laws. According to Sec (5) of Designs act 2000, any person who has a new or original design can claim to be a proprietor and apply for patent registration in India. Patent Registration can offer you several benefits. Thus, it becomes important to know the process of patent Jewellery design in India. This guide explains to you the complete procedure to patent Jewellery design in India.
Who can apply for patent Jewellery design in India?
A person with a new Jewellery design that differs from the known design is eligible to apply for patent registration. However, The Jewellery design should not consist of any salacious matter.
Thus, A Jewellery design can be registered by anybody who claims to be the owner of it, as stated in Section 5 of the Designs Act, 2000.
A “proprietor,” as defined in Section 2 (j), is someone who has obtained ownership of a design by virtue of having received the design’s author’s services in exchange for a fair price, as well as anybody who has earned ownership of the design or the right to apply the mark to any product.
The process to patent Jewellery design in India
Before applying for patent registration, you should ensure that your design is original. So, you should visit a patent search engine and upload the design. When you are ensured that the design is original, then you can apply for patent registration.
The designer should submit the following documents for registration:
Document Required for Patent Registration of Jewellery
- ID proof, and address proof of the Jewellery workshop.
- Xerox copies of the design representing the right side, left side, front, and bottom
- Visual illustrations of the design
- Plan of the design specifying its usage and invention ideas.
- Copy of the application
- A brief representation of the novelty of the design.
Benefits of Patent Registration for Jewellery design in India
- The patents protect the Jewellery designs of the Jewellery pieces.
- The designers can earn profits using and selling their designs to someone.
- The designs can’t be copied by other designers.
Stepwise Procedure for Patent Registration
- The Jewellery designers should file an application with the Designs office stating the class of goods and send some photographs of the design. In the application form, you should state the class of the goods according to the type. The class for jeweler goods is 11-01.
- Then the designer officers or the Patent Office authorities scrutinize the design to determine if the design is original.
- If the design is original, then the design is published in the design journals of India within 18 months. You can also request the Designs Officer to publish your design earlier by paying some additional fees.
- If the officer finds that the design is not original, then they raise objections. You can accordingly respond to the registrar to prove that your design is original. If you are not able to prove the originality, then you are convicted by the court.
- The process of publishing a design is 6 to 10 months. Hence, after completion of the above steps, the designer is entitled to protection through Patent Registration for 10 years. You can also extend the Patent Registration validity for additional 5 years.
You should apply for patent registration for your Jewellery to prevent infringement and earn profits. This patent is useful in preserving the shape of the Jewellery.
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