Legal Advisor

Here is a detailed explanation of the Design Registration process –

1. Analyses

An examination of a design application is conducted by an Examiner of Designs on behalf of the Controller of Designs:

• Formal requirements are met by the application and the documents, and
• It is important to find out if the design is registrable, under the provisions of the Designs Act, 2000, and the Designs Rules, 2001, if it is applied to an article.

1. Checking for formality

Examiners determine if:

• Is the application format prescribed?
• Have you paid the prescribed fee?
• Is the name, address, and nationality of the applicant mentioned?
• Is the address for service on the application form?
• Is the application form accompanied by a declaration of proprietorship?
• The representation sheet is in the manner prescribed in Rule 14?
• Do you have the authority to act, if applicable?

III. Examination of the substance

During the substantive examination, it is determined whether the proposed design is:

• Under the Act, what would be a desirable design?
• What is new and what is original?
• Does it violate morality or public order?
• Does it jeopardize India’s security?

1. An examination of the report of the examiner is conducted

An Examiner’s report on a design as applied to an article shall be considered by the Controller, and if it is eligible, it will be registered immediately. As soon as possible, the registration certificate will be issued and sent to the applicant.

• As soon as the Controller considers the report, the applicant will be provided with a statement of objections if the Controller considers that there are objections adverse to him or that the application requires some amendments.
• In the absence of compliance with the objections or a hearing request within three months from the date of communication of the objections, the application will be considered withdrawn.
• There is a six-month period for removing objections after the filing of the application, but this period can be extended by three more months by filing a Form-18 within these six months.

If If the applicant meets all the requirements laid out in the Act and Rules, which are communicated as objections, the application shall be granted registration.

1. Registration and publication of designs

It usually takes one month for a patent application to be published in the Patent Office Journal after it has been registered.

A registration number is the same as an application number. An ordinary application is usually registered on the date of filing.

1. The Design Register

It is possible to inspect the Register of Design registration status maintained by the Patent Office, Kolkata, in person. Additionally, the IPI official website provides an e-register for public inspection.

Here is a Brief Explanation of the Required Documents

An application for design

Applicants must complete Form-1 along with the prescribed fees and include their full names, addresses, nationalities, the title of their article, class number, and India address for service.

• A foreign applicant must also provide an address in India for service, which may be their Indian agent’s address. In the case of foreign applicants, providing an address in India for service is mandatory. 
• Applications will not be processed unless such an address is provided.
• Form-1 must correctly specify what class the article belongs to. In accordance with the Designs Rules, 2001, articles are classified in the Third Schedule according to the Locarno Classification system. If you wish to register more than one design, you will need to submit a separate application.
• The application must be signed either by the applicant or his authorized agent. In India, it is possible to appoint an authorized agent only if he is a registered patent agent or a legal practitioner.
• In Form-1, if the applicant has already registered a design for another category of articles, the registration number along with the fact of registration will be stated.

Frequently Asked Questions

• As per the Designs Act 2000, what does the article mean?
  
• As A “design”, as defined by the Designs Act 2000, means a piece of manufacture, a substance, or a mixture of both. Each component of that article is capable of being finished and sold independently.
• Design registration has a specific purpose, what is it?
• A Design registration under the Designs Act is primarily intended to protect new or innovative designs from being copied when they are designed to be applied to an article that will be manufactured by an industrial process or mode. There are times when the purchasing of articles for consumption is affected by both their practical quality and their exterior appearance. Design Registration is meant to ensure that the designer of a design with an artistic look is not dispossessed of his bona fide prize by somebody who reproduces his design.

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