A design is a drawing of a plan or anart either two dimensional or three dimensional inclusive of shapes, figures, pattern, elements, lines, patterns or colors that depicts the look and function of the any product or services. Intellectual property refers to the creative aspects of the mind such as inventions, literary and art works, designs, symbols, images, etc., that are protected by law. Hence, any design of a company will be under the intellectual property of the company. Patents, copyrights, trademarks are examples of such intellectual property.
To protect intellectual property such as design of a company from any infringement or theft, the company is required to register its design at the Patent Office. The design registration will give the owner the legal and exclusive rights of use of the design for ten years.
Items that cannot be registered as a Design
- Item whose design is or contains any industrial plans, layouts, and installations
- Flags and emblems or signs of any country cannot be registered
- Mere alterations or change in the size and orientation or mechanical contrivance of a design
- Design including buildings and structures
- Labels, cartoons, cards, or tokens that can be made as part of an article
- Books, jackets, calendars, certificates, forms, maps, greeting cards, pamphlets, stamps, medals, etc.
Requirement for filing a Design Application
The following are the requirements to meet before applying for design registration.
- Design should be new or original and not used in any country prior to the date of application.
- The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
- The design should be applied or applicable to any article by any industrial process, implying the bulk production of an article. Articles such as painting, sculptures, etc., are excluded from registration.
- The design must be visible to the eye when applied or applicable to the article for which it is created.
- The design must not contain any laudatory or obscene matter
- It should not be against law and order or morality of the public.
- Photos required of design from all angles.
Procedure for Registration of Designs
Any person or firm can apply for the registration of design. Registration can be done through an agent, in which case power of attorney must be filed.
- Fill the design registration application form specifying every detail and duly signing the form attaching the following documents:
- Representation of the article – Drawings and plans showing the features of the designs from different views
- A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, and numerals should be endorsed on each representation sheet, which should be duly signed and dated.
- Power of attorney (if any)
- The application form along with prescribed fees and documents once submitted to the Patent Office, is taken up for examination. If any defects are found or there are any objections, the applicant is notified to correct the same and resubmit the application form within the prescribed time mentioned by the officials.
- An application is accepted when all the requirements are met and is notified in the Patent Office Journal.
- The Patent Office then registers the design and issues a certificate of design registration to the applicant.
FREQUENTLY ASKED QUESTION
It takes 3 to 6 months for the completion of design registration process.
A registered design is valid up to ten years, after which it may be extended by five years by the way of renewal process.
Yes, the design registered in India will be valid outside India.
Designs falling under the following category cannot be registered:
- Not original
- Not significantly different from other designs in the market or registered designs
- Contains laudatory or obscene matter
The register of designs is a document maintained by the Patent Office containing the details of the registered designs such as design number, class number, date of filing, name and address of the proprietor, validity of the proprietorship, etc.