What is Design – do you know
A Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional forms.
This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye. Design does not include any mode or principle of construction or anything which is a mere mechanical device. It also does not include any trade mark or any artistic work.
Protect Your Design
A design shall be considered to be new when it has not been disclosed to the public, anywhere in India or in any other Country, by publication or by use or in any other way, prior to the filing date or priority date. Design search helps to ensure that your new design will not infringe any existing design registrations. Search in the available databases to ascertain the novelty of the design under consideration. Search is conducted class-wise or article wise to ascertain whether the applied design is significantly different from the previously registered, used or published designs.
The Design Registration of the Patent Office may be approached for finding out whether a design has been previously registered or not, on prescribed form. An Application for registration of design may be prepared either by the applicant or with the professional help of patent agent/ attorneys. Every application for registration of design In India undergoes examination the Act and Rules as amended time to time. The applications are examined in order in which the application is filed.
Defects or objections in the application, if any, noticed during examination of the application are communicated to the applicant or to his agent at the address for service. The time period for removal of objection, pursuant to examination report, is six months from the date of application which may be extended up to further three months on a request made with the prescribed fee before expiry of the stipulated period of six months. An application which owing to any neglect or default of the applicant has not been completed within stipulated time shall be deemed to be abandoned.
- 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