Designs

Type of Applications

•	Ordinary application. An ordinary application does not claim priority.
•	Reciprocity application. A reciprocity application claims priority of an application filed previously in a convention country. Such an application shall be filed in India within six months from the date of filing in convention country. This period of six months is not extendable.
	Multiple design cannot be claimed under single design application. Under Indian Designs Act, 2000 read with rules 2001, there is no provision to file a divisional Application.

Applicant

Any person claiming to be the proprietor of any new or original design may apply for registration. A proprietor may be from India or from a Convention/Non-convention Country.

Priority document:-

A reciprocity application shall be accompanied by a copy of the design application filed in the Convention Country. Such copy shall be duly certified by the Official Chief or Head of the Organization in which it was filed. Das code can be provided.

If the priority document was not filed with the application, the same may be filed within an extended period of three months. Extension may be sought by filing Form-18 along with the prescribed fee.

Representation sheet:–

•	The representation sheet of an article needs to be prepared diligently and shall be filed along with the application, in duplicate. The Designs Rules require that four copies of the representation shall be filed along with the application. However, as the records are digitised and processed electronically, two copies of the representation shall suffice.
•	Representation means the exact representation of the article on registration is sought. A representation may contain more than one page.
•	Representation shall be exactly similar drawings, photographs, tracings including computer graphics or specimens of the design. The Controller may require a specimen of the article to be submitted at the time of examination, in rare cases.
•	Photographs should be pasted on the representation sheets with the help of adhesive and not by other means like stapler, pin and cello tape. While using photographs in representation sheets, one of the copies of representation sheet shall not be covered by cellophane or tracing paper so as to enable digitization.
•	Representation shall be prepared on white A4 size paper (210 mm X 296.9 mm) of durable quality, but not on card board, and only on one side of the paper.
•	The figure(s) shall be placed in an upright position on the sheet. When more than one figure is shown, each shall be designated clearly (e.g. perspective view, front view, side view).
•	If design is to be applied to a set, the representation shall depict various arrangements in which the design is to be applied to articles in the set.
•	Where an application is for a design as applied to a set, whether the given articles constitute a set or not, shall be determined by the Controller.
•	In case, name or representation of living persons appear on a design, consent of such persons may be submitted along with the application. In case of a deceased person, the consent of legal representative may be submitted. It may be noted that non-submission of such consent may result in office objections and resultant delay in registration.
•	In case, name or representation of living persons appear on a design, consent of such persons may be submitted along with the application. In case of a deceased person, the consent of legal representative may be submitted. It may be noted that non-submission of such consent may result in office objections and resultant delay in registration.
•	Representation, which consists of a repeating surface pattern, shall show the complete pattern, and a sufficient portion of the repeating pattern in length and width, and shall not be less than 15.00 centimeters by 10.00 centimeters in size.
•	The name of applicant shall be mentioned in left hand top corner of the representation sheet.
•	Total number of sheets and sheet number shall be mentioned in the right hand top corner of the representation sheet in Arabic numerals.
•	The representation sheet shall be signed and dated by the applicant/agent.
•	No descriptive matter or matter denoting the components by reference letters/numerals shall be included.
•	No sectional views shall be incorporated in the representation sheet.
•	Dimensions or engineering symbols etc. shall not be used in the representation sheet. The representation is not to be regarded as engineering drawing of the article. The relevant parameter is the shape and not the size of the article.
•	Where Trade Marks, words, letters or numerals are not the essence of the design, they shall be removed from the representations or specimens. Where they are essence of the design, a disclaimer shall be given in the representation sheet disclaiming any right to their exclusive use. Non inclusion of this disclaimer will result in an office objection and resultant delay.
•	No extraneous matter or background shall appear in the representation sheet. A background is considered neutral as long as the design is clearly visible in it.
•	Dotted lines may be used in representation to indicate those elements of the article for which no protection is sought. Dotted lines identify elements which are not part of the claimed design. In such a case, features of design for which protection is sought must be shown in solid lines in the drawing.
•	For instance, an ornamentation or surface pattern on an article can be registered. In such a case, the representation shall contain a solid line drawing for the claimed ornamentation or surface pattern, and dotted line for rest of the article.
•	When colour combination is the essence of a design as applied to an article, the same shall be clearly depicted in the representation.
•	Colouring may be used, on a black and white drawing, to highlight only those features of the design for which protection is sought. In such cases, it shall be clearly indicated in the novelty statement that the claim is restricted only to the portions depicted by colouring and the colours so given are not part of the design.
•	Representations shall be prepared in one format only e.g. drawings, graphics or photographs etc.
•	The applicant shall keep in mind the requirements of an Examiner to visualize the design and distinguish the same from any probable prior art. The number of views required in a representation sheet may be decided in light of this requirement.

Examination of an Application:–

The application for registration of a design is referred by the Controller of Designs to an Examiner of Designs for conducting examination as to:
•	whether the application and the documents satisfy the formal requirements, and
•	whether such design as applied to an article is registrable, under the provisions of the Designs Act, 2000 and Designs Rules, 2001.

Formality check:–

The Examiner determines whether:

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The application is in prescribed format?

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The prescribed fee has been paid?

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The name, address, and nationality of the applicant is mentioned?

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Address for service is given in the application form?

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Declaration of proprietorship is given in the application form?

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Any previously registered design by the same applicant is mentioned in the application form?

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Representation sheet is in a manner as prescribed in Rule 14?

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Power of authority, if applicable, is filed?

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In case of reciprocity application:

•	The application was filed within the prescribed time?
•	The priority document was filed at the time of filing? If not, whether the priority document was filed within the extendable period of three months along with the prescribed form and fees?
•	The application was filed by the same applicant? If not, whether the assignment document has been filed?

When the application is deficient in respect of (g), the Examiner reports the deficiency to the Controller, who communicates the statement of objections to the applicant. Such an application shall proceed for substantive examination only after compliance of the objections.

Applicant needs to comply with the requirement of controller within 3 months. Actually, deadline of six months is calculated from date of filing of application in India for design applications.

In view of the above, it is desirable that the applicant/agent shall be diligent enough to comply with the formal requirements.

Substantive examination:-

Substantive examination is carried out to determine whether the design under consideration is:
•	a design under the Act?
•	new or original?
•	prejudicial to public order or morality?
•	prejudicial to the security of India?

What is design:-

Design means

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shape, configuration and pattern, ornamentation or composition of lines or colours, as applied to an article of manufacture, which in the finished form appeals to and is judged solely by the eye;

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may be in two or three dimensional or in both forms;

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shall be capable of being a product of industrial process or means, whether manual, mechanical or chemical, separate or combined;

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shall not be a mere mechanical device, mode or principle of construction;

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does not include

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Any trademark, as defined in Section 2(zb) of the Trademarks Act, 1999, or

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Any property mark, as defined in Section 479 of the Indian Penal Code, 1860, or

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The application was filed by the same applicant? If not, whether the assignment document has been filed?

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Any artistic work, as defined in Section 2(c) of the Copyrights Act, 1957

•	A painting, sculpture, drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality.
•	Any work of architecture i.e. any building or structure having an artistic character or design or any model for such building or structure.
•	Any work of artistic craftsmanship.

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An illustrative list of non-registrable designs is as under:

•	book jackets, calendars, certificates, forms and documents.
•	dress making patterns, greeting cards, leaflets, maps and plan cards.
•	post cards, stamps and medals.
•	labels, tokens, cards, cartons and cartoons.

Novelty and originality

•	A design is capable of being registered only if it is new or original.

Prohibition of registration of certain designs.

A design which
•	Is not new or original; or
•	has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
•	is not significantly distinguishable from known designs or combination of known designs; or
•	comprises or contains scandalous or obscene matter, shall not be registered.

Security of India

•	Any application for design which is prejudicial to the security of India is not registrable and is not published.
•	For the purposes of this provision, the expression security of India means any action necessary for the security of India which relates to the application of any design registered under this Act to any article used for war or applied directly or indirectly for the purposes of military establishment or for the purposes of war or other emergency in international relations.
•	The Examiner examines the applied design vis-à-vis the security of India and if there is an objection, the same is reported to the Controller. If the Controller confirms the view of the Examiner, the application is referred to the Defence Research Development Organisation, Ministry of Defence, Government of India, for directions by virtue of the Powers conferred by Section 34 of the Act. On receipt of a view favourable to the applicant, the application proceeds further

Copyright on registration:–

•	When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during ten years from the date of registration.
•	If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of ten years.

Checklist for filing

Required Documents:
•	Six (6) sets of photographs or drawings of the Design which comprise perspective, front, top, bottom, left, right and back views.
•	A power of Attorney from the Applicant(s), which is simply signed by the Applicant. No notarization or legalization is required.
•	A certified copy of the earlier/basic Application(s).
Information
•	Full name, address and nationality of the applicant.
•	Country, application number, filing date of the basic Application
•	Assignment should be indicated for applications claiming priority from US applications.

Designs

Designs

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