We have explained the meaning and the need for registration of a Design in India. Now, let us discuss the design registration process.
Steps involved in registering a Design in India Design registration in goa.
a) Design Application
A design application is made on Form 1 along with the prescribed fee stating name in full, address and nationality, name of the article, class number and address for service in India.
In India, only a registered a patent agent or legal practitioner can be appointed as an authorized agent. And the application shall also be signed either by the applicant or by his authorized agent.
• Following documents has to be submitted while filing design application:
• Representation in quadruplicate of the article where drawings, photographs, tracings or other representations including computer graphics should clearly show the features of the design from different views.
• A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, numerals should be endorsed on each representation sheet which should be duly signed and dated.
• Power of attorney (if necessary).
• Priority documents (if any) in case of convention application claimed under Section 44 of the Designs Act, 2000
• For small entity, Form 24 & documentary evidence.
b) Initial processing of Design Application
After filing of the design application with the prescribed fee, the design application is accorded with a date and a serial number. The serial number eventually becomes the registration number of the design post-registration.
c) Examination
Once the design application is filed, it will be taken up for examination under Section 5 and 44 of the Act.
At this stage, the Examiner of designs does a formality check to determine if the application has fulfilled the prescribed criteria and a substantive examination where the examiner sees if the design and novel and if there are any similar designs already on the Register.
In the in the eaxamination report, the examiner highlights the Defects or objections in the application, if any, noticed during examination of the application. The examination report is communicated to the applicant or to his agent at the address for service.
The defects notified by the examiner must be corrected within a period of 6 months from the official date of examination report.
(Note: No need to file a separate request for examination. Design Applications are automatically taken up for examination once filed)
d) Acceptance and Notification
If there are no objections, the design will be registered. However, if there are objections then it is communicated to the applicant who is required to comply with the objections within 6 months from the date of filing of the application.
Once the design application is accepted the same is notified in the Patent Office Journal.
e) Abandonment
In case the applicant fails to respond to the objections or does not comply with the objections raised, then the design shall be deemed to have been abandoned.
f) Hearing
In case the applicant contests the objections, and the defects are not rectified, as required by Controller, a hearing will be provided to the applicant.
The hearing will be appointed within 1-2 months.
After hearing the controller shall decide whether the application should be accepted or not.
The Controller’s decision after the hearing is communicated in writing (stating reasons) to the Applicant or his Agent.
Any person aggrieved by the decision of the Controller refusing to register a design may appeal to the High Court. The appeal should be made within three months from the date of the Controller’s decision.
g) Registration and Publication
The application is registered once all the requirements are fulfilled by the applicant after which it is published in the Patent Office Journal which is published every Friday.
h) Certificate of Registration
Once the design is registered and details are entered in the Register and a certificate of design registration is issued.
i) Validity
A design registration lasts for a period of 10 years from the date of registration after which an extension can be filed for another 5 years.
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Disclaimer: The content of this article is intended to provide a general guide to the subject matter and that the same shall not be treated as legal advice. For any queries, the author can be reached at info@cloveripr.in