Design registration provides a shield to the newly created designs that are applied to the products through an industrial process. Through design registration, the patentee can enjoy the exclusive rights over the product for a time period of 10 years which can further be extended for 5 years.
Every applicant is required to follow a complete procedure specified in Design Act 2000 in order to obtain a design registration. An application can be made by both the applicant or the patent attorney appointed by him. In case the professional is appointed by the applicant then the application shall be accompanied by the power of attorney.
Procedure of design registration
Following steps shall be followed in order to register a design-
1. A registration form along with the four copies of the representation of design shall be submitted. The drawings submitted must clearly depict the features of the design.
2. The design application along with required documents shall be submitted to the head office of the patent in Kolkata or any branch office situated in Delhi, Mumbai or Chennai.
3. After receiving the application it will be numbered, dated and will be put for examination.
4. In case the patent officer finds any defects in the application he can inform about the same to the applicant or his agent.
5. The defect detected shall be cleared within a time period of 6 months from the official date of the application.
6. In case the applicant is unable to clear the defects then a personal hearing can be summoned by the controller.
7. The decision taken in the hearing shall be communicated to the applicant or his agent in writing.
8. Further, the applicant is empowered to make an appeal in high court within 3 months from the date of controller’s decision.
9. In case the patent application is approved by the controller it shall be published in the official journal of patents.
