A design registration essentially protects the features of an innovative product such as its shape, patterns, and ornamental aspects. Different countries have their processes and regulations for registering a design. In India, the protection of designs is contained in the Designs Act, 2000 (hereinafter referred to as “the Act”). As defined under Section 2 (d) of the Act, a design is the aesthetical shape of the article and not the functional aspect of any design or a functional shape (i.e. a shape dictated solely by the function).
For a design to be registered and protected under the Designs Act, the following are essential requirements that need to be fulfilled:
Filing an application: The first step in the registration process under the Act is filing an application with the appropriate authority in the prescribed form along with the necessary fees. The proprietor of the design is entitled to apply to register a design in the appropriate class. For the purpose of registration, goods are divided into 32 classes as per the Locarno Classification. A design cannot be registered in more than one class and the application may be filed in respect of any or all articles of the class.
Examination: Once an application to register a design is submitted to the Controller of Designs, the Controller may appoint an examiner to check whether the design is registerable under the Act and submit a report to the Controller. In case certain objections are raised against the design, then the same are communicated by way of an examination report to the applicant and the applicant is given an opportunity to respond to the said objections. If the Controller is satisfied with the response, then the application is allowed and the design is registered. However, if the Controller is not satisfied, he may appoint a hearing or issue another examination report to seek further clarifications/ responses from the applicant.
Registration and Renewal: If the Controller is satisfied and the application is accepted, then a certificate of registration of the design is granted to the applicant and the details of the same are entered into the Register of Designs. The Controller thereafter publishes the application, and the representation of the article to which the design is applied, in the official Gazette and the published application is open for public inspection.
When a design is registered, the proprietor of the design has a copyright in the design for ten years from the date of registration. A further extension of five years in the term of the copyright can be obtained by making an application to the Controller in the prescribed manner along with the necessary prior to the expiring of the original ten year term.
In case of a straightforward registration (without including any objection from the Patents office), it takes a turnaround time of about 6-10 months for a design to be registered with the Patent Office. Once the design application is accepted and registered, a certificate of registration is issued to the applicant.
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A design protection is provided for new or original features of shape, configuration pattern, ornamentation or composition of lines or colours as applied to an article. It is to be judged solely by appeal to the eye.
Multiple images of a design may be included in a single application provided said images relate to a single embodiment of the design in question as only different views of a single embodiment are allowable in an application.
Yes, a Design registration can be restored within a year from its date of its expiry.
The procedure for Registration of Design in India involves filing an application with the Indian Patent Office, submitting necessary documents and drawings, undergoing examination, and waiting for the publication and grant of the design registration if all requirements are met.
The time required for the Registration of Design in India varies depending on the examination process and any objections or oppositions that may arise. Typically, it takes around 6 to 12 months to complete the process.
To register a design in India, you need to provide documents such as a representation of the design (drawings or photographs), a certified copy of the priority document (if claiming priority), a power of attorney (if filed through a representative), and a statement of novelty.
Yes, a foreign applicant can apply for the Registration of Design in India. The procedure involves appointing an authorized Indian agent to handle the application and ensuring compliance with all Indian legal requirements for design registration.