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.

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.

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

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 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;

1. Ordinary Application
2. Convention application, claiming priority date on the basis of filing in the Conventional Countries.

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.

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.

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.

We provide our consultation in:-

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