Apply For Design Registration As Per Design Act
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Here you will learn about design registration in India as per the Design Act, of 2000. “Design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, whether in two-dimensional or three-dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a merely mechanical device.
For the Design Act 2000 design to be registered and protected under the Act, the following elements need to be fulfilled:
- Design should be new and original – Only those designs that are the applicant’s new and original creation can seek registration under the Design Act, 2000.
- Distinguishable – The design should be noticeably different from other pervading designs or combinations.
- Scandalous or Obscene – A design containing scandalous or obscene matter shall not be registered.
- Mechanical Contrivance – The design should be something complicated, a device or tool made for a particular purpose.
List Of Designs That Are Not Eligible For The Registration In India
The following designs are not eligible for registration in India: designs which are registered and published in India or other nations and a copy of existing designs cannot be claimed registered:
- The designs already registered in India cannot apply for registration of already registered designs.
- The designs have been published in India or any other nation before the registration date; if a design gets published, it is no longer eligible for application.
- The design for which we seek registration is unique, not a copy of an existing one. The purpose of the Design Act of 2000 is to protect new or unique articles which are created by an industrial process.
- Designs that fall under Section 2(1)(v) of the Trade and Merchandise Marks Act, 1958, property marks as defined in Section 479 of the Indian Penal Code, 1860, and artistic works defined under Section 2(c) of the Copyright Act, 1957 are not registrable under Dthe design Act, 2000.
Benefits of Design Registration
Design registration under the Office of Patent is getting much more famous these days, so let’s look into its benefits to the owner. Once registered, the owner receives the right to sue in case of infringement, gets a long-term protection of 10 years and further renewal for five years, and can enjoy the exclusivity and more such benefits as mentioned below:
Right To Sue
On registration, the design owner can sue for any unauthorized use. This assures the owner that protecting his rights and exclusivity in his design remains safe.
Long Term Protection
Design protection is available for ten years and can be renewed for five years; the applicant receives extended validity.
Enhance Goodwill
Customers prefer products with the owner’s design, which boosts the value of the product. It appeals to the client and is judged or examined by the site only.
Exclusivity Of Design
When a product is covered with design registration, the design does not get copied in the market. The visual appeal of the product cut is protected, and it enjoys exclusivity and thus maximizes its revenue.
License-out
After registration with any patent authority, the owner of a design can license it to any other party on a royalty basis and earn lucrative amounts. You are allowed to apply for Trademark Registration If you want to.
Documents Required For Design Registration
The mentioned documents and information are required for the registration process:
- Name of the applicant along with complete address
- A registration certificate is necessary for the applicant's legal status, such as company/firm. A registration certificate is required for MSMEs and start-ups.
- Clear photographs of the product from 5 different angles
- Using the date of design
- Mail ID and mobile number
- Description of product
- Statement concerning the speciality of the article, which makes it different from others;
Overview Of The Design Registration Process
- Basic search - Basic research must be done to determine if the design is already on the market or registered. Various databases are available for both paid and unpaid designs. If no similar design is available, an application form is filed.
- Class search - The Exact class as per the Locarno classifications needs to be searched according to the article's use.
- Novelty Statement - The statement of Novelty is the most essential part of the application. It explains the Novelty of the product being applied for registration.
- Details of design - The details of the design need to be prepared on a sheet of paper that is visible. A clear diagram or representation describing the design and details is required on a white sheet of paper.
- Application - Examination Report by the department to suggest changes or acquire additional information relating to the application
- Examination Report - To suggest changes or acquire additional information relating to the application.