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Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. This registration provides authority to the owner to use the Design for ten years, and the time can be further extended for the next five years. The present article briefs the Design Registration procedure in India
As per Design Act 2000, Design is a type of intellectual property protection, means the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether 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. However, it does not include any method or principles used to create the design. The design registration is granted for a period of 10 years that can be further extended for a period of 5 years.
It is advised for the applicants to get the design registered to protect its uniqueness and originality. So, we will help you in getting your designs registered with the Indian Design Office.
Step 1: Application Preparation: After getting the required information & documents, we will prepare your registration application in 2-3 working days.
Step 2: Filing with the Design Office: We will file your design application along with the supporting documents then you will receive a design number and a copy of your application which will take 2-3 working days.
Step 3: Processing: Your application will be then be processed & examined by the Design Office.
| Design | Patent | |
| What’s protected | Only shape, pattern, ornament, the composition of lines, colour, or any other aesthetic aspect of a product or article that can be seen and judged by the eyes. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. |
| Requirements for protection | A new and original shape is required. | A novel and inventive invention is required. |
| Term of protection | 10 years, further extended for 5 years | 20 years |
A design is referred to shape, ornament, pattern, composition of line or colors, or any other visible aspect. A design can be two or three-dimensional.
The proprietor of a design, assignee in the case of an NRI, his agent or legal representative.
Yes, the ownership of design registration can be transferred by an assignment, a license agreement, or transmission.
For transferring the ownership rights of a design registration an application is to be made to the controller of Patents and Design in Form 10.
A design must include these qualities to obtain a design registration It should original and unique. The design should not be controversial or should offend the public order. It should not be published anywhere earlier Lastly; the design is applicable to the physical characteristics and does not include the procedural or mechanical elements.
