By Dhruv Mathur and Johny Solomon Raj
On this Christmas eve, the Office of Controller General of Patents, Designs & Trademarks (CGPDTM) Boudhik Sampada Bhawan, Mumbai, has gifted a great set of news for the Indian IP fraternity.
The Office of CGPDTM, has issued a public notice on December 16th, 2022 pertaining to submission of Forms & Documents (digitally signed) in respect of design applications and issuance of their e-certificate. Vide their notice, it is now informed to the Applicants, Stakeholders and the public in general, that the Design Wing of the Patent Office has started issuance of e-certificates with effect from November 1st, 2022.
The applicants are now encouraged to utilize the option of filing of Forms and documents through online portal, and henceforth, there is no requirement to submit physical Forms and documents, except assignment, attested/notarized copy of the original Power of Attorney and original affidavit (if any) for e-filed applications.
- The Forms and documents as prescribed in the Designs Rules, 2001 (as amended), which are required to be filed online, should be digitally signed (as per Section 3 and 4 of the Information Technology, Act, 2000).
- The option for filing Forms and documents in respect of application for registration of Design through offline mode shall also remain available.
For reciprocity applications, the applicants should provide WIPO-DAS Code or priority documents in accordance with rule 15 of the Designs Rules, 2001 (as amended).
Under the new and updated Check List of documents for filing of New Design Applications (Online and Offline), the applicants need to submit/upload the following documents (in case of online filing of design application)/ submit the original documents duly signed (for offline filing of application(s)). For electronically filed (e-filing) application(s), the relevant documents should be duly signed (i.e. digitally signed).
Check List of documents for filing of New Design Applications (Online and Offline)
|S. No.||Document Name||Document to be submitted|
|1.||Form-1||In the prescribed format [as in Schedule-II of the Designs (Amendment) Rules, 2021] along with prescribed fees (as per Schedule I)|
|2.||Representation sheets||As prescribed under Rule 12, 13 and 14 of the Designs Rules, 2001|
|3.||Power of Authority/ General Power of Authority (Form 21)||To be submitted in Original (if filed through patent agent/advocates);
If copy of General Power of Authority (GPA) is filed, then it should be endorsed with the design application number, with which the original GPA has been filed.
|4.||Start-up/ Small Entity claim (Form 24)||FOR INDIAN APPLICANTS: It should be accompanied with documentary evidence in respect of registration under MSME Act, 2006 or in respect of recognition as a Start-up (as the case may be) in case of Indian entities.
FOR FOREIGN APPLICANTS: It should be accompanied with affidavit deposed by the applicant or authorized signatory as prescribed under Rule 42 of the Designs Rules in case of Foreign entities.
|5.||Priority document/ WIPO-DAS CODE||Original certified copy of priority document as prescribed under Rule 15 of the Designs Rules (in case of applications filed in India through reciprocal arrangement under Section 44 of the Designs Act, 2000).
The applicant may provide the WIPO-DAS Code during filing of design application (instead of submitting certified copy of priority document in paper format).
|6.||English translated copy of the priority document||Authenticated English translated copy of the priority document (if original priority document is in language other than English).|
|7.||Assignment document||Assignment document in original (if the applicant of first/priority application in convention country is different from that of Indian application).|
ADVANTAGES OF THE GREAT NEWS
The non-submission of physical forms and documents is a major step in making India, more environmental friendly, as there would be less usage of paper.
The Patent Office has moved a step ahead in reaching the aim of the Digital India, by ensuring that their services are made available to citizens electronically by improved online infrastructure, thus, pacing up the design registration process, which would in turn increase the number of yearly design filings, and reduce the backlog.
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