Filing Design Application in India
A Design application allows a proprietor to apply for protection of new and unique features of their product/article such as its shape, composition of colours or lines, pattern, ornamentation or configuration (as judged solely by the eye) in either two or three dimensions.
Who can apply for a design in India? – Design application can be filed by any person/ proprietor of any new or original design, which has not been previously published in any country and is not contrary to public order or morality. The person may be: an individual, a firm, a partnership/corporate body and a legal entity.
One should file the application as close as possible to the date of creation of the design and before it is made public either by use or publication, so that the design remains new at the time of such application.
How to file a Design Application in India? – The proprietor of the design should submit/file a duly completed application form as contemplated under section 5 of the Indian Designs Act 2000 along with the following information:
- Two copies of six images or views (front, rear, top, bottom, left side, right side, perspective view) of the article;
- Name and address of the Applicant;
- Legal Status of the Applicant i.e. whether the applicant is an individual, company etc.;
- The requisite official fee for the design application;
- The class in which the design is to be registered and the articles to which the design is to be applied;
- Purpose for which the article is to be used.
- A brief statement of novelty on the application along with the representation sheets.
The application 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 further processing and prosecution including examination and oral hearing.
An ordinary or convention application claiming priority, for registering a Design can be filed in India.
Priority in case of Convention Application:
A person, who has applied for protection of a Design, in any of the convention country, may file an application for registration of the same design in India, within six months from the date of priority. This period of six months is not extendable.
Online Filing of Design Application
The Controller General of Patents, Designs and Trade Marks issued Public
Notice No. CG/F/Public Notice- Designs/2015/46 on March 09, 2015 announcing the digitization of filing system with respect to Design Registration in India.
All the applicants/stakeholders can now file Design applications through the
official portal of Controller General of Patents, Designs and Trademarks. The e-facility enables the applicant to pay via the comprehensive payment gateway comprising net banking, debit cards, ATM cards and credit cards.
Stages of Design Filing and Design Registration in India
Filing 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 the design.
The application can either be filed at the Design Wing of the Patent Office in Kolkata or any of the Branch Offices in Delhi, Mumbai, and Chennai. However, the applications received by the Branch Offices shall be transmitted to the Head Office in Kolkata for processing and prosecution.
Examination: 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.
Notification of objections: If on examination defects are found in the application, the same would be communicated to the applicant. 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.
Registration and Publication: An application is accepted when all the shortcomings raised in the Examination Report have been rectified. Once the Controller (after examination of the application) is convinced that the design is new and/or original, he directs the registration and publication of the particulars of the registered design along with the best view representing the article.
If accepted the Patent Office issues the registration Certificate and thereafter it is duly notified in the Patent Office’s journal.
In case the objections are not rectified, a personal hearing is provided to the applicant. After hearing the Controller decides whether the application should be accepted or not.
Also, the registered designs are open for public inspection only after publication in the official gazette on payment of the prescribed fee on a request made on prescribed form.
Term of Protection: In India, a design registration lasts for a period of ten years from the date of registration of the design. The term can be further extended for another five years by filing the application for extension along with the prescribed fee.
The design application forms can be viewed on the official Government of India website at the link below http://www.ipindia.nic.in/form.htm
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