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.
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 These designs should not be published in any country and should not be contrary to public order or morality.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.
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.
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:
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.
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:
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:
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.
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:
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.
After the formality check, the next step is the substantive examination, where the Controller shall check whether the design under consideration is:
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.
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.
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.
A design is valid for ten years from the date of registration and can be renewed for a further period of five years.
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.