Section 2(d) of the Designs Act defined the term “design” as features of shape, patterns, configurations, ornamentations, compositions of lines and colors, anything that can be reduced to 2-d or 3-d format and are appealing to the eyes of any common prudent man. It also applies to any article processed by any process- manual, mechanical, chemical, or combined, which are solely judged by the eyes and not related to the mechanism or process used to create the product. To get protection under the Designs Act,2000, the following essentials are required to be fulfilled.
Who can apply?
Design application can be filed by any person/proprietor, legal representatives, assignees or any other person associated with new/original design. These designs should not be published in any country and should not be contrary to public order or morality.
It can be filed by – individual, sole proprietor, partnership firm, company or any other legal entity.
Where to apply?
In India, the Patent Office is located at four locations viz. Delhi, Mumbai, Kolkata & Chennai. All four patent office’s take in design applications but all subsequent actions like responses and hearings are done only in Kolkata.
DOCUMENTS REQUIRED FOR REGISTRATION: Section 5
The documents required for design registration are very minimum and are required at the time of submission of the application. Here is a checklist of the necessary documents for filing the application along with FORM 1 Application:
Personal details of the applicant- name, nationality, and address of the applicant
In the case of foreign applicants, it is mandatory to provide the address of service in India.
Visual representation of the design in 360-degree view – two copies
Power of attorney
Priority application- certified copy (if the same design is registered in any convention country)
A brief statement of novelty is endorsed in each design.
Details of the class under which design is to be registered
Additional documents based on each case
Purpose for which article or design will be used.
Online filing of Application
All applications pertaining to design registration can now be filed online through the e-portal of design registration. It enables the applicants to pay via comprehensive gateway comprising of all modes of payment- net banking, credit card, debit card and other UPI payments.
PROCEDURE OF REGISTRATION:
The procedure for a design application is like the procedure of registration of a trademark or copyrights. A quick overview of the process is given below:
Filing of the Application– the Applicant must submit form 1 application with specified class and the documents and prescribed fees to the design office.
There are two types of applications:
Ordinary application- where the applicant can make no priority claim
Reciprocity application- this application allows the application to claim priority filed previously in a convention country. To claim priority, the applicant must apply within six months, and no grace period shall be allowed for the same. The priority documents have to be duly certified by the official Chief or head of the organization.
Mode of registration:
Manual filing: The applicant can either go for manual filing at any of the patent offices located in Delhi, Mumbai, Chennai, and Kolkata.
E-filing: The registry now provides an option of e-filing directly through the website.
Initial processing of the application: On receipt of an application, the Office accords a date and serial number to the application. This serial number, upon registration, becomes the registration number of the design.
Examination of the application: after the allotment of the serial number, the application is sent for formality check to the Controller of Patents and Designs. The following items are checked in this stage:
The application is in prescribed format?
The prescribed fee has been paid?
The name, address, and nationality of the applicant are mentioned?
Address for service is given in the application form?
Declaration of proprietorship is given in the application form?
Representation sheet is in a manner as prescribed in Rule 14?
Power of authority, if applicable, is filed?
In the case of reciprocity application:
The Applicant applied within the prescribed time?
The priority document was filed at the time of filing? If not, whether the priority document was filed within the extendable period of three months along with the prescribed form and fees?
The application was filed by the same applicant? If not, whether the assignment document has been filed?
If no defects are found in the application, the application is sent for substantive examination.
In case any defects are found in the examination, a detailed report of the defects is sent to the applicant. The applicant has to comply with the defects within three months from the date of the objection, failing to which the application shall stand abandoned.
Substantive examination: After the formality check, the next step is the substantive examination, where the Controller shall check whether the design under consideration is:
A ” Design” under the Act?
New or original?
Prejudicial to public order or morality?
Prejudicial to the security of India?
Publication and advertising in the Journal: If the Controller believes that the concerned design is similar to any other design registered or does not fall under the registrable design category, the communication shall be sent to the application to reply to the examination report. Upon full affirmation that the design is registrable as per the statutory regulations and without any defects, the application will be accepted and advertised in the patent journal.
Objection: If no objections are received, the design is accepted and registered. The design’s acceptance shall be recorded in the Register, and a registration certificate will be given to the applicant.
If any objections are raised, then the procedure of objection shall be followed.
Benefits of Design Registration
To be attractive and eye-appealing, the design of the product has to be unique and different. A unique Design increases the commercial value of the product, consequently the market value.
An appealing and attractive Design will pull off the sale faster than other articles having no design. The marketability improves with a Unique Design.
The registered owner has the exclusive rights to sue or file a case against any third party for unauthorized copying or imitation of the design.
Term of Protection:
A design is valid for ten years from the date of registration and can be renewed for a further period of five years.
How to Register Designs Online
To register your Designs with us, please provide the necessary details as requested in the link below. You may also contact us and we will guide you through the process.