The design registration helps the inventor to get his design. Patent register in the Design Office. The design process consists of many different steps which are mandatory to be followed by the person going to register his design under the Design Act, of 2000. In this article, we are going to discuss the design registration process in India and by the end, you will come to know how we can register the Design under the law.
What is a Design?
It is a very simple question which comes to mind what can be considered as a design? If we try to describe the definition of Design in simple words, it says that design is a combination of colours or lines, shape, configuration, surface, and ornament, applied to the article which can be two-dimensional three three-dimensional or both.
There are different types of intellectual property rights such as patents, designs, trademarks, copyrights, trade secrets etc which are being used in various countries to protect the different prices of the inventors and creators so that they could protect the brand name or inventions. we have written an article on what is a design patent. You can check out the article to learn about design patents and how they are helping our nation by fulfilling the needs of public requirements.
Importance of desire registration in India
After knowing about what is Design, we should know why there is a need for Design registration. To get the answer of this question we have some important points which will describe to you why you need to register your design under the Design Act 2000.
Exclusive rights
The person who gets his design registered under the Design Act, of 2000 gets the exclusive right over his design. It means that this design will belong to him and he has the right to exclude others from making, using and selling that design or copying that design without the permission of the owner.
Proprietorship
After the registration of the Design, it becomes an asset of that person which can generate money for him by making that design as a product and selling it in the market.
Right to sell
After the registration of the Design, the person gets the right to sell his registered Design by converting it into a product. he can also give the license to another person to sell that product and the owner can get a royalty over it. the owner of the invention can sell his product even outside India to build reach in societies where unity in diversity works.
Right to file an infringement suit
The Design Act 2000 provides the right to the owner of the Design that if any other person is making, using or selling his product without his free consent, then the owner can file an infringement suit against that person and claim the amount of money from the offender.
The market value of the product
Registration of a design enhances the market value and commercial value of a product because design signals the authenticity, quality and innovation to its customers.
International recognition
A product which is being registered under the Design Act is eligible for protection in other countries through international agreements and treaties. There are many treaties like the Hague Agreement etc facilitating global recognition and enforcement of design rights throughout the countries which are part of these agreements.
Elements require for design registration
The Design Act of 2000 states that not every Design can be registered as a Design. There are some criteria which must be followed by a design to be registered under this act.
- The design which is going to be registered must not be published or used in any country before the registration.
- The design must be unique and original
- It must be non-obvious to the person who is skilled in that art
- There should be industrial applicability for the Design
Laws Applicable for Design Registration
In India, the Design Act 2000 has sections and rules which deal with the Design registration process in India. The act also provides the various elements which need to be there in a design which is going to be registered as a design patent. The controller general of patents, designs and trademarks is the head of the Indian patent office, who is also known as the controller of designs.
The process of the registration of a design is done under the controller of Design. The head office for Design is in Kolkata. There is an official website for the registration of a design where you can file your application for registration of Design online by filing the documents and paying the prescribed fee.
Who can file the Design registration application?
To apply for the registration of Design, any person who is:
- True or first Inventor
- Legal representative or assigning of the true or first Inventor
- In the case of NRI, the agent or legal representative can file the Design registration process in India.
Documents related to Design Registration
For the Design registration, there are some important documents which should be submitted with the application of registration of Design. These documents are as follows.
- Declaration by inventors
- Power of authority
- Representation sheet
- For one
- Electronic for one
- Affidavits
These are some documents which need to be prepared while you are planning to apply for the registration of Design patents.
Steps for Design registration under the Design act
Now let us discuss the various steps in the design registration under the Design Act of 2000 which needs to be followed by the person who is going to file the registration application for his Design patent.
Prior art search
This is the first step to getting your Design application registered under the Design Office. As we know the design which is going to be registered must be noble and non-no to the person skilled in the art. So to check this, we need to do a prior search to see whether this design already exists in India or elsewhere. There are many software and websites which will help you to do the prior search for your design application. The main purpose of doing the prior search is to check the novelty of the proposed design.
Preparation of documents
You need to prepare the documents for the registration process. These documents are:
- Form 1
- Representation sheet
- POA
- Other necessary documents
Form 1
Form 1 is a necessary document to file the design application which will consist of the information about the name of the Design, class, the name of the applicant, the address of the applicant and other necessary details that the Design Office requires.
Representation sheet
The representation sheet consists of the seven different views of the design which is going to be registered. Different views can be front view back view, upper view, down, view, left view, right view and perspective view of the design
Statement of novelty
You need to write down the statement of novelty in the representation sheet. This will enable the examiner of the Design to know what you need to be registered.
Disclaimer
After the statement of novelty, you need to add the disclaimer to your representation sheet.
POA
POA is called power of attorney. It is a document in which you give the authority to your agent to apply on your behalf. You can read the full article on it by following the above link.
There can be other documents which are necessary if you are applying for the registration of Design outside India as well
Registration and classification of Design
After making the documents, you need to go to the online filing portal for the registration of your Design application where you have to fill in the required information and class of your Design. This class will describe the category of your design.
Link to the portal of Design registration: https://online.ipindia.gov.in/eDesign/goForLogin/doLogin
Examination of the application
After filing the online application and paying the required fees, the next step is an examination of the Design application. The controller of design will refer your design application to an examiner of designs who will examine your application in two different steps
Formality check
In the first step, The Design examiner will check:
- The documents and application is meeting the formal requirements or not
- The fee has been paid
- Name and address with the nationality of the applicant
- Presentation sheet
- Declaration of the ownership
- Power of authority
Substantive examination
This is the main step of the examination in which the examiner of the designs checks:
- If the invention is novel?
- Is it non-obvious?
- Originality of the design
- Ornamental except for the Design
- Industrial Applicability of Design
These are the major points which will be checked by the examiner and he will send the report to the controller of designs.
First examination report
If there is any requirement or mistake from your side, then the controller of Design will send you the first examination report which will describe and ask you to make the reply and fulfil the requirements which need to be there to get your Design registered.
Reply to FER
You need to make the reply for the first examination report and submit it online within the prescribed period. This time will be written in your FER.
Registration and publication
After the reply to FER, if the controller is satisfied that all the requirements have been fulfilled, then he will register your Design under the Design Act of 2000 and will provide you with the certificate of registration.
He will also publish your Design in the patent office journal within one month from the date of the registration of the Design. The controller of design will also make the entry in the registry of designs which will consist of the design number, applicant name, address and other required details.
This is the process for the Design registration in India India. Any person who is going to file his Design application should follow these steps to get his Design application. Be registered under the Design Act of 2000.
Conclusion
The Design registration process in India follows the necessary steps and documents which need to be in proper format and on time. So it is suggested that the person who is going to apply for Design should take the help of the person who is an expert in this field or the applicant himself knows the Design Act so that there is least probability of the cancellation of your application for registration of Design.