Design Application Filing in India
Design Application Filing
An applicant may file an application for registration of a design in India by filing the prescribed form accompanied by the official fee along with four copies of the design representation at the relevant intellectual property office.
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
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 at 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: 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.
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.
Term of Protection: In India, a design registration lasts for a period of ten years from the date of registration of 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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