A design refers to the specific features of a shape, pattern, configuration, composition, or decoration, whether in two or three dimensions, that are applied to an article through an industrial process or any other means. These features are judged solely by their visual appearance.
Step 1. Submit a duly filled-in design registration form with the prescribed fees along with four copies of the representation of the Design (of size 33cm x 25cm with reasonable margins).
Step 2. The application, along with the required documents, must be submitted to the Design Wing of the Patent Office in Kolkata or any branch office of the Patent Office in Delhi, Mumbai, or Chennai.
Step 3. On receipt of the application in the Patent Office, the application is numbered, dated, and taken up for examination.
Step 4. If any defects are noticed in the application, they are communicated to the Applicant or agent.
Step 5. The defects must be corrected within six months from the official date of application.
Step 6. If the defects are not rectified, as required by the Controller, a personal hearing is provided to the Applicant. The Controller’s decision after the hearing is communicated in writing (stating reasons) to the Applicant or his Agent.
Step 7. The Applicant can appeal to the High Court (within three months from the date of the Controller’s decision)
Step 8. Once accepted, the application is notified in the Patent and Design Journal.
Advantages of Design Registration in India:
- Exclusive Rights: Registering a design grants the owner exclusive rights over the new and original design. This means others cannot use or copy the design without permission.
- Asset Ownership: A registered design becomes an asset of the proprietor/owner, providing them with valuable intellectual property right.
- Legal Protection: With design registration, the owner can take legal action against any third party who infringes upon their design rights.
- Prima Facie Evidence: The registration certificate serves as prima facie evidence in an infringement lawsuit, making it easier to establish ownership and protect the design.
- Selling, Transferring, and Licensing: Registered design owners have the right to sell, transfer, or license their design to others, allowing them to profit from their creativity and business opportunities.