What is a design?
Design is a plan or drawing is produced to show the look and function or working of a product or object before going to made it.
Simply we can say that a design can be an aesthetic aspect or outward appearance which is applied to made a product. It could be 2D like patterns, lines, compositions, colour or 3D like shapes or combination of both 2D & 3D.
In legal terminology a Design Registration refers to all principles and modes of construction. It could be anything which is in substance a sort of mechanical device. It also refers to a registered trademark that indicates connection during the course of trade in goods. In this case it enables a person who has the right – as a registered user or a proprietor –to use this particular mark. The term also denotes any trademark that signifies that a particular person has ownership of moveable property.
Example of Design: There are numerous examples you could find on internet about products design assume as from footwear design to spacecraft.
A design is also a trademark that all of the following:
-> Painting
-> Sculpture
-> Drawing
-> Engraving
-> Photograph
-> Work of architecture
-> Work of artistic skill
Who can file design application in India?
A true and first creator or inventor, assignee of the inventor or legal representative can file an application in India.
Why should you register a design?
If as an owner or creator of a design you do not register the same you would be left without any right over the same as such.
If you want to protect your novelty and uniqueness of your design so that no one can copy and use it, for that you should have to apply for design protection in your concerned IP Department. Through this registration it is only possible to protect your product’s design.
See the top 4 reasons for this an inventor should need this:
Product is your asset and can be licensed for it to avoid fraudulent or imitation
To stop others copying your unique design
Right to prevent all others from producing and selling identical appearance of your products
Create a Unique Selling Proposition (USP) for your products
Criteria for design registration
In order to file for a design registration, you need to provide important details such as your name with citizenship and full address.
You also need to provide information on your legal status – whether you are an individual or a company. If you say that you are a startup you need to furnish the certificate that states that you have filed with the government of India. You need to describe the article and identify its class as well as per the necessary norms in this regard. You also need to file a drawing or an image of the article whose design you are registering. In the application you also need to make the claim of novelty. This states the extent to which the article in question could be deemed to be a novel one.
Design should be original and new
It should not be published in India and any other countries
A design should be significantly distinguishable from known designs
A finished design article should be appealing and eye judging
What are the documents that are needed to file such a registration?
In order to file such a registration, you need to furnish a number of documents along with your application. You need to provide either certified copies of extracts that you have procured from disclaimers or a certified copy of the original. Apart from that you need affidavits, declarations, and a variety of other public documents that are provided in lieu of fees. The affidavits have to be supplied in the form of photographs. They should also contain declarations of verifiability and truth.
Here check the list of noted documents (requirements for filing a design application)
Creator name, nationality and address information
Products drawing
A certified copy of original invention
Photographs of design in different views
Power of attorney (declaration from inventor)
What is the process of filing the design registration?
To start with, you need to apply to register the design by filing an application. This needs to be done on a prescribed form that should be accompanied by a definite fee that is prescribed for the process. You also need to provide 4 copies of the design’s representation. You can file the application at the Design Wing of the Indian Patent Office, which has branch offices at the 4 metros of India – Kolkata, Delhi, Mumbai, and Chennai. It is at Kolkata however that the head office is at.
All the applications are normally sent to this office for the purpose of prosecution and processing. The process here is different than what happens with patents. Over here, the moment the application is filed for registration it gets taken up for examination. You do not need to make any separate request in this case. In case objections are raised you would be notified of the same in due process and time. After that you would have to correct the issues and resubmit your application at the Patent Office again. You need to complete this process within 6 months of the original date of application.
If all the issues that were raised in the examination report are corrected the application would be accepted. Once this happens the Patent Office would issue the registration certificate and after that it would be published in the journal of the office. In case you have not amended the issues you would be given a personal hearing. It is after the completion of the hearing that a decision regarding accepting your application would be taken by the controller.
How long is this design registration applicable?
The Design Registration Process in India is applicable for a period of 10 years starting from the date that it was registered. You can extend it for 5 years by applying for an extension and providing the necessary fee.
