Can I patent an architectural design? I have a design that is very unique, but I am not sure if I can patent it. And how should I get it patented and from where?
I live in India. Can I patent it in 2 or more countries?
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1 Answer
Can I patent an architectural design?
Yes—using a design patent (which are called registered designs outside the US).
Design patents cover the aesthetic non-functional design of an object. In this case, the object may be a building. As long as your design is novel and non-obvious, your design may be (design) patented.
For example, US D648864 S1 covers the Apple Store in the Upper West Side of New York.
Can I patent it in 2 or more countries?
Yes—using the Paris Convention. If you file a registered design application in India, then you have six months to file another registered design application in any other country who is a member of the Paris Convention (which is basically every country). These later filed applications will take priority from your earlier Indian application, which means they will be treated as if they were filed then.
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Thanks for replying!! in those 6 months , can any-one else patent it in some another country ???– BijoyCommented Mar 1, 2016 at 9:58
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Yes they can. The effect of this differs by country, but you may end up both getting a design patent for the same thing, which will likely mean neither of you can implement it (without licensing the other's design).– MacaCommented Mar 1, 2016 at 10:14
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Thank You !!! I thought Architectural Designs , can never be Patented , because every-one basically has unique Designs :-)– BijoyCommented Mar 1, 2016 at 10:19