How to patent vehicle design in India?

INTRODUCTION

In India Vehicle patent are granted considering India’s local existing automotive trends. The process to get instant patent approval is different if you draw a comparison  to other industrial sectors, lets discuss the process of patent vehicle design in India to get comprehensive knowledge of the vehicle design patent application process,

Meaning:

Vehicle patent is a means which protects the aesthetic look and shape of the car’s body or component. Vehicle design patents can’t protect the functional features so you must rely on utility patents. The automobile sector rose to prominent throughout nations followed widespread dominance in America.

The vehicle manufacturers owe their expertise to innovation introduced in Germany and France. Historically Vehicle patent come into force in 1886. Carl Benz filed the request at Germany’s imperial parent officer for his motor vehicle. French authorities also witnessed a similar patent application.

Due to cutthroat rivalry Patent became a necessity, India appears as a top player in the vehicle industry, Hero the greatest two-wheeler producer globally testifies the claim. Patents have played a considerable role in protecting interest of company owners.

  Supervising Design patents

Studying design patent provides early access to key technical specifications and design ideas before another brand can publicly publish the relevant data. For Example, if you have a car it can own a design a patent for exclusive rear sensor housing. To get the patent approval from here to get patent approval we need to submit supportive designing illustrations of the model along with a prototype if any constructed.

If in future any other company copy your vehicle design to prove any future infringement, your attorney must notify the remarkable similarity lf any model compared to any matter described in the patent copy in solid form. Infringement cases are critically scrutinised as similar shape and arrangement may exist, but at the same time, they may represent a different design altogether, in those cases lawsuit will declare the accused party not guilty.

The design patent illustration should be able to resemble the real implemented rear senor design. To ensure this you will require the assistance of highly qualified graphic designer artist and if there is any unique statement complying the design it must be mentioned in the vehicle patent.

  
Scenario of vehicle patent in India

“The Indian law doesn’t pose any particular threat to the existing vehicle patent, in this technical zone many Indian automobile brands and overseas manufacturer file vehicle and auto component design patent in various regions. Besides the Fundamental requirement of patentability. For example Non-obviousness, novelty and usefulness etc. the vehicle design patents in India are controlled by Section 2 as stated in the Indian patent law.”

As per Section 3(f) of the Indian patent act small changes or rearrangement of already published design models operating independently aren’t patentable. A direct correlation between the motor vehicle market and the total volume of patent request submitted yearly.

In India Honda leads all other brands if we consider the total number of patents owned by this company for its four wheelers and two-wheelers. Tata motors have the country’s second highest vehicle design pattern followed by Toyota Motors.

  Important conditions that must be met for vehicle patents in India

“For the patent requested to be approved in India, Patent office has set few parameters and standards that a particular application must satisfy. The components of the innovation that you wish to patent must portray all of the following attributes without fail.”

• The innovation of the product has to be new; the respective patent examiner will only approve the design as a novel if any patent applicant has not presented a similar concept on previous occasions.

• The creator must convince the respective jury that producer design invention process has an associated inventive step.

• The end product of the vehicle design or component should be reasonable industrial implementation.

• The invention should be non-obvious; the examiner should decides the non-obviousness by judging the patentable attribute regarding a common person familiar with driving vehicles.

• The patent application must be a written descriptive document.

A vehicle patent or a patent for any of its mechanical or technological parts is approved only if it satisfies all the highlighted criteria. The initial stage of any technology or art needs to enhance if the creator or innovator wishes to avail a patent on it. 

 Years validity of Vehicle design patent in India

Design patent granted to automobile operators and inventor across India provide protection window for 15 years. These legal papers don’t entitle the proprietor to take legal action against any other entity for breaching the terms related to functional aspects of a motor vehicle. To assure that part, the innovator must avail of a utility patent where the producers involved in the car manufacturing process are mentioned in detail.

                                                                  Conclusion:

“The deliberations mentioned above indicate that the Indian automobile sector yields thousands of patent application filling requests. The granting procedure is not complicated the introduction of new innovative technology is a challenge as it incurs high amounts of cost. The automobile sectors have covered a long journey from the first motor vehicle officially registered in late 1800s.”

Written by:

Priyanshu Jain.