Any feature of shape, configuration, pattern, ornament or composition of lines or color applied to any article, whether in two dimensional three dimensional or both forms is known as design.
In simple words, design is an idea or suggestion of pattern, shape, combination of color which is to be applied to the good or article.
Essential features of design
- The design should be new and unique.
- It must be an original work of the owner, not published or available anywhere in the country.
- The design should be related to a shape, pattern, configuration, ornament or combination. It should be visible to the eyes.
Registration of design
- The first step for registration of design is filing the application for registration. The application can be filed online along with the prescribed fees. The prescribed fees for the registration of application is INR 1000 for individuals, INR 2000 for small entities and INR 4000 for others.
- After the application is filed, the controller of the design will forward the application to the examiner for examination. The examiner, then will examine the application within the period of two months.
- After examining the application, if the examiner raises any objection, then the statement of the objections is communicated to the Applicant.
- Then the applicant is required to amend those objections and file a written response. If the examiner is satisfied with the written response of the applicant, then the application will move onto the next stage. However, if the examiner is not satisfied, then an opportunity for hearing will be provided to the applicant.
- If the examiner is not satisfied in the hearing too, then the application will be rejected. After rejection, the applicant will have an option of filing an appeal. On the other hand, if during the hearing, the examiner is satisfied, then the application will move onto the next stage.
- All this procedure must be completed within the period of 6 months. If the applicant fails to comply with this procedure, then the application will be considered as abandoned.
- After examination is cleared, the design will get registered, and the applicant be issued a certificate of registration. After registration, the design will be published in the Patent office journal
Grounds for cancellation of registration
- The design is not the original work of the owner or lacks innovation.
- Design may be refused registration if it is already registered in India.
- If the design has already been published in India or in any other country before the date of registration.
On acceptance of registration, the design is registered for a period of 10 years which may be further extended by 5 years on application for extension.