Design Practice
PROFESSIONALS
YEARS EXPERIENCE
AWARDS
Protecting & Defending Design IP
K&S Partners design practice has highly experienced attorneys. They provide strategic guidance and end-to-end services including advisory/opinions, portfolio management, filing, prosecution, maintenance, and enforcement of design(s) to secure protection for design creations.
Services Offered in Design Practice
Advisory
Searching and analytical services: Prior art searches, invalidity searches, freedom to operate (FTO) and due diligence, landscape analysis
Opinions on registrability, cancellation, FTO and product clearances, enforceability of design registration etc
Design watch services
Prosecution
Preparing design illustrations
Filing of design applications, prosecution (evaluating examination reports and responding to technical and legal requirements, oral hearings), procurement and maintenance of designs (including Indian, PCT and foreign)
Renewal, recordal of assignments
Protection
Due diligence in M&A transactions, licensing, assignment issues
Design portfolio management
Design enforcement
Transactional
Contentious proceedings such as cancellation proceedings and infringement activities
Design Practice Attorneys
Srihari S K
Partner & Practice Group Lead (Engineering)
Naveen Suriya
Partner
Himanshu Chawla
Partner
Mayank Sood
Partner
Madhusudan S T
Partner
Anupam Trivedi
Partner & Patent Practice Chair
Anand Choubey
Partner & Member of Management Committee
Gopinath AS
Partner
Nikhil S Reddy
Partner
Arun Singh
Partner
Nishanth K Prasad
Partner
Senthil Kumar S
Partner
Sandeep NP
Partner
R Priyanka
Partner
Anjana Bisht
Partner
AWARDS & RECOGNITIONS
MEMBERSHIPS
Frequently Asked Questions
Design rights protect the ornamental features of shape, configuration, pattern or composition of lines or colours (in two-dimensions, three-dimensions or both), applied to an article which appeals to and is judged solely by the eye. Design is applied to an article (artificial or partly artificial and partly natural) and includes any part of an article capable of being made and sold separately. It excludes any mode or principle of construction or anything which is in substance a mere mechanical device, any trademark, property mark or artistic work.
A registered design is protected for an initial term of 10 years from the date of filing or the priority date and is extendable for another 5 years. Design rights, like patents, are territorial in nature.
Design rights are a crucial weapon in the arsenal of a startup to ensure that the unique design of its product is not imitated by its competitors.
A unique and innovative design is in itself a competitive advantage in the current market. Customers are attracted to visually appealing and aesthetic designs and such designs can themselves acquire a brand value which increases the marketability of the product. Designs such as the Coca-Cola bottle, Pringles chips, and the iPhone have become iconic in and of themselves. Competitors, therefore, have the temptation to imitate such designs to free ride off the goodwill engendered by such iconic designs.
Protects a new/original design applied to any article.
Prevents wrongful imitation/commercial exploitation of a registered design.
Rewards the proprietor of the registered design by enabling commercial exploitation of the design as well as by assignment and licensing of the rights therein.
A design which –
Is not new or original; or
Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
Is not significantly distinguishable from known designs or combination of known designs; or
Comprises or contains scandalous or obscene matter.
Is prohibited from design registration under the Indian Law.
A design which –
Is not new or original; or
Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
Is not significantly distinguishable from known designs or combination of known designs; or
Comprises or contains scandalous or obscene matter.
Is prohibited from design registration under the Indian Law.
Any person may apply for a design registration. “Person” includes:
Any Natural Person(s)
Other than a Natural Person – either alone or jointly with Natural Person(s)