After hearing the Controller decides whether the application should be accepted or not.Īlso, the registered designs are open for public inspection only after publication in the official gazette on payment of the prescribed fee on a request made on prescribed form. In case the objections are not rectified, a personal hearing is provided to the applicant.
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If accepted the Patent Office issues the registration Certificate and thereafter it is duly notified in the Patent Office’s journal. Once the Controller (after examination of the application) is convinced that the design is new and/or original, he directs the registration and publication of the particulars of the registered design along with the best view representing the article. Registration and Publication: An application is accepted when all the shortcomings raised in the Examination Report have been rectified. Notification of objections: If on examination defects are found in the application, the same would be communicated to the applicant. The applicant is required to correct the defects and resubmit the application to the Patent Office for acceptance within six months from the official date of the application.
That is no separate request for examination is required to be filed with the Indian Patent Office in this regard. However, the applications received by the Branch Offices shall be transmitted to the Head Office in Kolkata for processing and prosecution.Įxamination: Unlike the procedure followed in Patents, the Design applications are taken up for examination by way of filing the application for registration of Design only. The application can either be filed at the Design Wing of the Patent Office in Kolkata or any of the Branch Offices in Delhi, Mumbai, and Chennai. Stages of Design Filing and Design Registration in Indiaįiling an application: An applicant may apply for the registration of design by filing an application on prescribed form accompanied by the prescribed fee and four copies of the representation of the design. The e-facility enables the applicant to pay via the comprehensive payment gateway comprising net banking, debit cards, ATM cards and credit cards. Official portal of Controller General of Patents, Designs and Trademarks. CG/F/Public Notice- Designs/2015/46 on Maannouncing the digitization of filing system with respect to Design Registration in India.Īll the applicants/stakeholders can now file Design applications through the The Controller General of Patents, Designs and Trade Marks issued Public This period of six months is not extendable. Priority in case of Convention Application:Ī person, who has applied for protection of a Design, in any of the convention country, may file an application for registration of the same design in India, within six months from the date of priority. However the applications received by the Branch Offices shall be transmitted to the Head Office in Kolkata for further processing and prosecution including examination and oral hearing.Īn ordinary or convention application claiming priority, for registering a Design can be filed in India. The application can either be filed at the Design Wing of the Patent Office in Kolkata or any of the Branch Offices at Delhi, Mumbai and Chennai. A brief statement of novelty on the application along with the representation sheets.Purpose for which the article is to be used.The class in which the design is to be registered and the articles to which the design is to be applied.
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How to file a Design Application in India? – The proprietor of the design should submit/file a duly completed application form as contemplated under section 5 of the Indian Designs Act 2000 along with the following information: One should file the application as close as possible to the date of creation of the design and before it is made public either by use or publication, so that the design remains new at the time of such application. The person may be: an individual, a firm, a partnership/corporate body and a legal entity. Who can apply for a design in India? – Design application can be filed by any person/ proprietor of any new or original design, which has not been previously published in any country and is not contrary to public order or morality.
A Design application allows a proprietor to apply for protection of new and unique features of their product/article such as its shape, composition of colours or lines, pattern, ornamentation or configuration (as judged solely by the eye) in either two or three dimensions.
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