an application: An applicant
may apply for the registration of design by filing an application on prescribed
form accompanied by the prescribed fee and four copies of the representation of
can either be filed at the Design Wing of the Patent Office in Kolkata or any of
the Branch Offices at Delhi, Mumbai and Chennai. However the applications received
by the Branch Offices shall be transmitted to the Head Office in Kolkata for processing
Unlike the procedure
followed in Patents, the Design applications are taken up for examination by way
of filing the application for registration of Design only. That is no separate request
for examination is required to be filed with the Indian Patent Office in this regard.
of objections: The applicant
is required to correct the defects and resubmit the application to the Patent Office
for acceptance within six months from the official date of the application.
and Publication: An application
is accepted when all the shortcomings raised in the Examination Report have been
rectified. If accepted the Patent Office issues the registration Certificate and
thereafter it is duly notified in the Patent Office’s journal.
the objections are not rectified, a personal hearing is provided to the applicant.
After hearing the controller decides whether the application should be accepted
Protection: In India,
a design registration lasts for a period of ten years from the date of registration
The term can
be further extended for another five years by filing the application for extension
along with the prescribed fee.
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