Registration of design as a patent is an easy process in India. The language for the application can either be Hindi or English. If some other language is used then it is directed to have a translated version of that application in Hindi and English.
First and foremost it is important to find out that the design you are working on is already registered or not for that a request needs to be made to the Designs Office
● If you are aware of the registration number, an application with INR 500 will be filed.
● If you don’t know the number of design, then it is preferred to submit an image with an official fee of INR 1000
Following is a pipeline from which Indian Design Application goes through
● For ordinary application, it can be filled any time but for an application filed in a convention country shall be filed in India within 6 months from the date of filing in the convention Country, under the Paris Convention.
● A First Examination Report (FER) is issued for defects in the application within 2- 6 months from the date of filing of the application.
● 6 months are given for the reply of FER, top-up of extra 3 months is also given after payment of a certain fee.
● If no objections are pending then the design is registered. If objections are pending, a hearing may be offered.
● After the registration of the design, the period of registration of the design is initially ten years from the date of registration.
● On completion of application, one can publish the patent after 18 months,An early publication request can be made along with prescribed fees. Generally, the patent application is published within a month form request form early publication.
● The initial time of registration may be extended by a period of five years, by filing a request for an extension. It should be filed before the expiry of the said initial period of ten years.
It is important to know that multiple designs cannot be registered under one application. Only the real and first inventor, Assignee of the inventor, or Legal representative can file an application of design within India.
The following are required documents that are required during filling and application of patent.
● Name, nationality, and address of the applicant.
● Class of the design
● Drawing and photographs of design in various angels
● Power of attorney- All foreign applicants require a registered India patent attorney/agent for performing design patent prosecution.
● Certified copy of priority application only in case of the priority application.
The post-registration obligation for the design registered in India.
Before the delivery of an item that carries a registered design, the proprietor of the design is bound to mark the design patent with the following words.
● REGISTERED;
● REGD.
● RD, and
● The registration number
Although two exceptions can be found when it comes to the supra requirement.
They are:
● Textile goods that have printed or woven design except handkerchief.
● Articles made of charcoal dust, which are brittle and are not sold in single piece.
