design law in india

Designs Flowchart

Design Registration Procedure Flowchart in India

The Designs Flowchart demonstrates the various stages involved in the filing, prosecution and registration of a design in India.

Design Registration Procedure Flowchart

Design Filing Procedure in India:

  • The first step involves filing of design application and a properly filled application form and appropriately prepared representation are crucial for efficient prosecution of a Design Application. The application shall be addressed to Controller of Designs, The Patent Office, CP-2, Sector-V, Salt Lake, Kolkata – 700091. (E-mail: controllerdesign.ipo@nic.in)
  • Thereafter, the application for registration of design is to an Examiner of Designs for conducting examination as to whether the application and the documents satisfy the formal requirements, and whether such design as applied to an article is registrable, under the provisions of the Designs Act, 2000 and Designs Rules, 2001. The examination report is then sent to the applicant by registered post or electronic transmission. The applicant has to reply to the examination report within a period of three months from the date of communication of statement of objections.
  • When considering the response of the applicant, if the Controller is of opinion that the requirements of Act and Rules have not been met, then the same shall be communicated to the applicant and also fix a date for hearing.
  • If the applicant complies with all the requirements laid down under the Act and Rules, then the design application shall be registered.
  • On registration, the design registration is published in the Patent Office Journal.

The Design Act, 2000 can be accessed here.

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