Before filing a design application, you should gain information on the existing pool of design creations and perform a search for prior registered designs. The search for registered designs in the various platforms helps you to find out if your design meets the requirements for protection, “novelty” and “individual character”, or possibly infringes earlier rights. To be able to effectively defend your design, you should conduct regular searches and observe the market also after the registration of your design
How to find the right strategy for your search
- All industrial or handicraft items which are used in trade or which, for example, were exhibited on a trade fair can conflict with the protection of your registered design.
- Before filing an application, you should also search for identical or similar designs in the IP India databases of other patent offices.
- Furthermore, you should expand your search to Internet search engines, fair catalogs, product directories, or trade platforms on the Internet.
- The regional patent information centers, patent attorneys and IP lawyers will provide assistance to you before you file a design application to help you find the right search strategy or they will conduct such a design search for you.
How to conduct search?
There are three basic platforms to conduct search:
- The IP INDIA Official Website: https://ipindiaservices.gov.in/designsearch/
- International Database
- eSearch plus (EUIPO)
- Hague-Express (WIPO)
- Designview (EUIPO, WIPO and National Offices)
- Global Design Database (WIPO’s search engine for designs from national and international sources)
- tact your IP Attorney to help you with detailed design search.