In our previous post, we have explained the meaning and the need for registration of a Design in India, let us take a look at the process involved in Design registration.
The Application for registration of a design can be filed by the Applicant himself or by a professional employed by the Applicant for this purpose. (If a professional is employed then a power of attorney has to be filed along with the Application)
Below is a list of the comprehensive steps involved in registering a Design in India:
I. Submit a duly filled in registration form with the prescribed fees along with four copies of the representation of the Design (of size 33cm x 25cm with suitable margins). The drawing should clearly depict the features of the design from all the views and it must state the view.
II. The Application along with the required documents must be submitted to the Design Wing of the Patent Office in Kolkata or to any branch office of the Patent Office in Delhi, Mumbai or Chennai.
III. On receipt of the application in the Patent Office, the Application is numbered, dated and taken up for examination. (Please note that unlike Patents there is no need to file a separate request for examination. Design Applications, once filed are automatically taken up for examination)
IV. If any defects are noticed in the Application, they are communicated to the Applicant or to his Agent.
V. The defects must be corrected within a period of 6 months from the official date of Application.
VI.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.
VII. The Applicant can appeal to the High Court (within 3 months from the date of the Controller’s decision)
VIII. Once accepted the Application is notified in the Patent Office Journal.
The term of Design: Once registered a Design is valid for a period of 10 years from the date of registration of the Design. This term is extendable for a further period of 5 years by filing an Application for extension along with the prescribed fee.
Learn more, how Intepat can assist you to protect your product design, please visit our Industrial design services.
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