{"id":56662,"date":"2023-05-16T18:28:33","date_gmt":"2023-05-16T12:58:33","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=56662"},"modified":"2025-10-08T18:33:41","modified_gmt":"2025-10-08T13:03:41","slug":"how-to-get-a-vehicle-design-patent-in-india","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/how-to-get-a-vehicle-design-patent-in-india\/","title":{"rendered":"How to get a Vehicle Design Patent in India?"},"content":{"rendered":"\n<p>There are basically two types of Patents\nin India. One is the utility Patent, and the other is Design Patent. If you go\nfor a design patent, then it will only protect the unique look of your vehicle,\nand it will not protect any features of the vehicle. In order to protect the\nfeatures of the vehicle, you must get a utility patent. In today&#8217;s era of high\ncompetition, getting a patent for your creation is very important so that no\none else can replicate the same technology and make a similar product. If we\nlook at the vehicle industry, there are a lot of companies selling cars and\nbikes, and even if your company brings new technology, it will definitely be\nreplicated by other competitors in order to compete. In this blog, we will\ndiscuss more about Vehicle Design Patent in India.<\/p>\n\n\n\n<p>European countries saw a rise in the\nimportance of the automotive industry, which was then widely dominated by\nAmerica. The technological advances made in France and Germany are responsible\nfor the automotive manufacturers&#8217; competence. The first vehicle patents were\nissued in 1886. For his automobile, Carl Benz requested a patent at the\nImperial Patent Office in Germany. Authorities in France saw a similar patent\napplication as well.<\/p>\n\n\n\n<p>Today,\nIndia is one of the top players in regard to the Vehicle Industry, and many\ncompanies are making and selling vehicles. Therefore, if you do not patent a\nvehicle design, the other companies will make the same model of their cars or\nbikes as produced by any one company. A design patent is the only reason why\nevery car model is different.<\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_82_2 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title ez-toc-toggle\" style=\"cursor:pointer\">Page Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 eztoc-toggle-hide-by-default' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/corpbiz.io\/learning\/how-to-get-a-vehicle-design-patent-in-india\/#What_is_a_Design_Patent\" >What is a\nDesign Patent?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/corpbiz.io\/learning\/how-to-get-a-vehicle-design-patent-in-india\/#Getting_a_Vehicle_Design_Patent_in_India\" >Getting a Vehicle Design Patent in India<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/corpbiz.io\/learning\/how-to-get-a-vehicle-design-patent-in-india\/#Things_to_Keep_in_Mind_while_getting_a_Vehicle_Design_Patent_in_India\" >Things to Keep in Mind while getting a Vehicle Design Patent in\nIndia<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/corpbiz.io\/learning\/how-to-get-a-vehicle-design-patent-in-india\/#Validity_of_Vehicle_Design_Patent_in_India\" >Validity of\nVehicle Design Patent in India<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/corpbiz.io\/learning\/how-to-get-a-vehicle-design-patent-in-india\/#Conclusion\" >Conclusion<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"What_is_a_Design_Patent\"><\/span>What is a\nDesign Patent?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>A company takes a design patent before making the actual model so that their design gets prior protection and no other person or company can copy it. When you understand the design patent, you have the benefit of understanding the technical features and the design ideas much before any other company can officially publish any data regarding a similar design. Let&#8217;s say your car company wants to Patent a sensor rooftop design. For getting the patent, the company is required to explain the idea in words and make an illustration or design of the car and submit it to the Patent office along with a ready prototype, if any. Now, as we know, a design patent application must include claims to easily ascertain what will come under infringement and what will not come under <strong><a href=\"https:\/\/corpbiz.io\/learning\/patent-infringement-letter\/\">patent infringement<\/a><\/strong>. Moreover, along with listing the good points of the model, the applicant is required to mention the limitations of the new design. <\/p>\n\n\n\n<p>In\norder to determine the future cause of infringement, your attorney must\ndescribe any similar models that may lead to infringement in future in solid\nform. Moreover, if any similar design is made by any other company or\nindividual using the same kind of shapes will lead to infringement. Still, any\ntotally different design may not lead to infringement, and even in the case of\na lawsuit, the accused party will be declared not guilty.<\/p>\n\n\n\n<p>You\nwill get a design patent only on the basis of the design you make and submit\nwith the application. If the final outcome differs from the submitted design,\nthe patent will protect the final design. Now, to make sure that the design you\ndraw and submit is exactly similar to what you wish to make in the final\noutcome, you will require the help of a qualified graphic designer who will make\nthe design for you that looks exactly similar to the design you want to\nimplement. Additionally, if you have any unique statement that supports your\ndesign, you must mention it in the application. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Getting_a_Vehicle_Design_Patent_in_India\"><\/span>Getting a Vehicle Design Patent in India<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The current Vehicle Design Patents are\nnot particularly threatened by Indian law. Many Indian automotive brands and\nforeign automakers submit design patent applications for vehicles and auto\nparts in various jurisdictions in this technical zone. In addition to the core\ncriteria for patentability, such as innovation, non-obviousness, and utility,\nSection 2 of the Indian Patent Law governs vehicle design patents in India. <\/p>\n\n\n\n<p>A close association exists between the\nIndian motor vehicle market and the total number of patent requests submitted\neach year: Section 3(f) of the Indian Patent Act states that minor\nmodifications or reorganisations of previously published models running\nindependently are not patentable.&nbsp; <\/p>\n\n\n\n<p>If we count all of the patents that Honda has for both its two and four-wheeled vehicles, it outnumbers all other brands. Toyota Motors and Tata Motors are the two manufacturers with the most car design patents nationwide.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Things_to_Keep_in_Mind_while_getting_a_Vehicle_Design_Patent_in_India\"><\/span>Things to Keep in Mind while getting a Vehicle Design Patent in\nIndia<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>To get a Patent in India, your application must fulfil certain criteria set by <strong>Indian Patent Office in India<\/strong>. Moreover, your innovation may follow certain innovative factors without any failure:<\/p>\n\n\n\n<ul>\n<li>The first requirement\nis that the innovation must be new and unique. Your application will be\napproved only if any similar design was not presented to the Patent Office\nanytime during the prior days. <\/li>\n\n\n\n<li>The creator has to\nbuild trust that the product design has an inventive step.<\/li>\n\n\n\n<li>The final outcome or\nthe design of the vehicle has industrial applicability. <\/li>\n\n\n\n<li>Your invention must not\nbe obvious. The examiner decides the non-obviousness by looking at the features\nof the vehicle and by testing the model with any person having knowledge of\ndriving vehicles. Moreover, certain questions are also asked to ascertain the\nnon-obviousness and proceed to the next step. <\/li>\n\n\n\n<li>The Patent application\nmust be submitted in a written format. <\/li>\n<\/ul>\n\n\n\n<p>The\nvehicle patent will be granted only if it meets all of the requirements\nmentioned above for any of its mechanical or technological components. Any\ntechnology or work of art must be improved from its original state if its\ncreator or innovator wants to obtain a patent for it. This is termed an\ninnovative step. This project must be carried out in an original manner to\nensure that no one has considered the same application before. Here, we solely\ntake into account individuals who are knowledgeable about automobile art.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Validity_of_Vehicle_Design_Patent_in_India\"><\/span>Validity of\nVehicle Design Patent in India<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The\nvalidity of Vehicle Design Patent in India is for a period of 15 years.\nFurthermore, the design patent is a valid reason to restrict others from using\nthe features of your vehicle, and you cannot even file an infringement suit\nagainst anyone copying the features of your vehicle, as the design patent only\nprotects the design and not any other component. In order to safeguard your\nunique features from getting copied, you need to take the utility patent, where\nthe process of vehicle manufacturing is mentioned in detail. <\/p>\n\n\n\n<p>The best way to get a <strong><a href=\"https:\/\/corpbiz.io\/patent-registration\">patent registered<\/a><\/strong> is to get two witnesses who will look at the prototypes and the other documents attached to the patent application. The inventor is required to sign the patent application reports, without which the application will not be deemed valid. He must also provide proper dates for the claims to be presented to the Indian Patent Office.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conclusion\"><\/span>Conclusion <span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The above-mentioned discussions suggest that the Indian vehicle industry would probably result in thousands of requests to file patent applications. The application process is simple. The introduction of new, cutting-edge technology is complex since it is expensive. The first motor vehicle was legally registered in the late 1800s, beginning a long path for the car industry.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our Article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/process-of-patent-registration-india\/\">Detailed Process Of Patent Registration In India<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>There are basically two types of Patents in India. One is the utility Patent, and the other is Design Patent. If you go for a design patent, then it will only protect the unique look of your vehicle, and it will not protect any features of the vehicle. In order to protect the features of [&hellip;]<\/p>\n","protected":false},"author":59,"featured_media":56667,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[282],"tags":[3621],"acf":{"service_id":"20"},"authorName":"Anushka Saxena","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2023\/02\/MicrosoftTeams-image-109.jpg","authorDescription":"Anushka Saxena is a final year law student from Indore Institute of Law. She is an hardworking, dedicated and fun-loving person. Her area of interest lies in corporate laws and IPR.","postViews":3806,"readingTime":5,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/56662"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/59"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=56662"}],"version-history":[{"count":5,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/56662\/revisions"}],"predecessor-version":[{"id":70191,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/56662\/revisions\/70191"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/56667"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=56662"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=56662"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=56662"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}