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DESIGNS
 
OUR SUBSTANCE

Our attorneys are seasoned intellectual property professionals:

  • Many of our attorneys have worked as Examiners in the Indian Patents and Designs Office and have an insider's knowledge of practice before it - from administration to examination to opposition/cancellation to appeal.
WHAT IS DESIGN

The Design means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and is judged solely by the eye. The registered Design should relate to only a new or original not previously published in any country.

 
LEGISLATION

The Design system in India is governed by the Designs Act, 2000 and the designs Rules, 2001 effective from 11.05.2001.

 
WHO MAY APPLY

Any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design under the said Act.

 
THE SALIENT FEATURES OF THE PREVAILING ACT
  • The scope of definition of “article” and “design” is enlarged, and the definition of “original” is introduced;
  • The scope of “prior publication” is amplified;
  • The provision for identification of non-registrable designs is incorporated;
     
  • The internationally followed system of classification is introduced;
     
  • The provision for restoration of lapsed design due to non-payment of extension of copyright within prescribed time is incorporated;
     
  • The provision for appeal against order of the Controller before the High Court instead of Central Government is introduced;
     
  • The period of secrecy of two years for inspection of a registered design is revoked;
     
  • The compulsory registration of any document for transfer of right in the registered design is incorporated;
     
  • The provision for initiating the cancellation proceeding before the Controller in place of High Court without any restriction of time-limit and with additional grounds in cancellation proceedings is introduced;
     
  • The quantum of penalty imposed for infringement of registered design is enhanced;
     
  • The provision for allowing of priority to other convention countries or inter governmental organization is introduced;
TYPES OF DESIGN APPLICATIONS
  1. Ordinary Application
  2. Convention application, claiming priority date on the basis of filing in the Conventional Countries.
WHAT IS PROHIBITED FROM REGISTRATION OF A DESIGN

Design which is not new or original or has been disclosed to the public in India or any other country by publication in tangible form or by use or any other way prior to filing date or is not significantly distinguishable from known designs or comprises or contains scandalous or obscene matter are not registrable under the said Act.

 
DOCUMENTS REQUIRED FOR FILING AN APPLICATION FOR DESIGN
  • Application Form in duplicate (Form 1).
  • Representation sheets in A4 size containing photographs (six views of the article) endorsed with the statements of novelty and disclaimers, in four sets.  
  • Priority Document (if priority date is claimed) from the convention application or as directed by the Controller.   
  • Power of Attorney (if filed through Patent Attorney).
  • Fees (as per Schedule
TIME PERIODS AND PROCEDURES

No period has been specified for the Examiner to take up examination after application for registration of design is filed, however the first examination report is generated and issued well within 6 months period.

The prescribed time for putting a design application in order for acceptance is 6 months from the date of filing application for registration of design.

The registration of design is notified with figure/ copy of photograph in official gazette.

Any person interested may file petition for the cancellation of registration of a design at any time after the registration of the design.

 
RENEWAL FEE

To keep the design in force for full term of 15 years, fee for extension of copyright is to be paid before the expiration of the ten years for a second period of five years. If the renewal fee is not paid within the prescribed time, the design will cease to have effect.

 
RESTORATION

Application for restoration of a design that lapses due to non-payment of fee for extension of copyright must be made within 1 year of lapse. The application is to be filed in the prescribed manner with requisite fee within 1 year.

 
OUR SERVICES

We provide our consultation in:-

  • SEARCH / INSPECTION
  • DESIGN FILING AND PROSECUTION
  • RENEWALS
  • RESTORATION
  • CANCELLATION
  • RECTIFICATION OF REGISTER
  • LITIGATION
  • DESIGN INFORMATION / WATCH
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