Detailed procedure for design registration in India
Any person who is claiming to be the proprietor of the original design can file an application for design registration. [Refer Sec 5 (1)]
A design application for registration can be filed in the Patent Office and the addressee must be Controller of Designs. There is a prescribed form for filing design application along with the prescribed fee.
According to Schedule II of Design Rules, 2001 the following fields are to be filled in:
- Full Name and Address of the Applicant
- Name of the Article;
- The Class to which the Article belongs as per the III Schedule under The Designs Rules, 2001;
- Application shall be signed either by the applicant or by his authorized Agent/legal representative, which means a legal practitioner or Patent agent in India;
- Four copies of representation of the design shall be filed along with the Application;
The applicant shall include the statement of novelty he claims along with the design attached.
In case, name or representation of living persons appear on a design, consent of such appearing persons must be submitted along with the application. In case of a deceased person, the consent of legal representative is necessary.
If you wish to register the design in more than one Class (classification) you need to submit a separate form. [Refer Sec 5 (3)]
For the purpose of application of design the articles are classified into 32 classes which are provided in third schedule of the Design Rules, 2001. If any ambiguity arises on which class the design is to be sorted, the decision of the controller shall be final.
Once the application is filed, the examiner formally examines the design as per the provisions of the Act and Rules [refer Section 5 (1)].
Novelty search is conducted in both class wise and article wise with the available database. [Refer section 4 & 5]
When you are through with the novelty search your design gets registered.
But on examination, if it is found that the current design in question is already registered by some other person, the design under consideration may be registered only if:
The applicant becomes registered proprietor of the already registered design but the term of the design under question shall not extend beyond the period of already registered Design. [Refer Section 6 (3)]