Design application preparation and filing.
What is Design?
A Design can be defined as an ‘outer outlook’ of an article. The Designs Act, 2000 defines it as “only features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether two dimensional or three dimensional or 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, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trademark or property mark or artistic work”. The rightful owner of this intellectual asset is accorded a protection for a total of 15 years. The copyright of the design is initially registered for a period of 10 years, which later can be extended to further 5 years on making an application for renewal.
The design registration allows a monopoly to the owner of the asset, and empowers such owner to legally exclude/disallow others from manufacturing, selling, reproducing and dealing in the registered design without a prior consent from the owner.
Process of filing:
- An applicant may apply for the registration of design by filing an application on prescribed form accompanied by the prescribed fees and four copies of the representation of design.
- Unlike the procedure followed in Patents, the Design applications are taken up for examination by way of filing the application for registration of Design only.
- If examination defects are found in the application, the same would be communicated to the applicant. The applicant is required to correct the defects and resubmit the application to Patent Office for acceptance within six months from the official date of the application.
- An application is accepted when all the shortcomings raised in the Examination Report have been rectified. Once the Controller (after examination of the application) is convinced that the design is new and/or original, he directs the registration and publication of the particulars of the registered design along with the best view representing the article.
- If accepted the Patent Office issues the registration Certificate and thereafter it is duly notified in the Patent Office’s journal.
Required documents:
- Two copies of six images or views (front, rear, top, bottom, left side, right side, perspective view) of the article.
- Name and address of the applicant.
- Legal Status of the application i.e. Whether the application is an individual, company etc.
- The requisite official fee for the design application.
- The class in which the design is to be registered and the articles to which the design is to be applied.
- Purpose for which the article is to be used.
- A brief statement of novelty on the application along with the representation sheets.
Service Inclusions
Professional Fees
Service Exclusions
GST, Government Fee and other Additional Taxes
Service Delivery Process followed by White Code Legal:
- The Client has to register themselves on our website.
- Once the Client is registered, we raise a Service Request.
- The Client receives a proforma invoice with an option to confirm and pay now or pay later
- Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients shares a list of client information required to deliver the service.
- Once we receive the information, we take the required steps to deliver the service and the service request is closed.
Why White Code Legal?
At White Code Legal we prioritize and always strive to deliver excellence. Keeping focus on maintaining affordable prices and delivering 100% client satisfaction we aim to make worth every penny our clients spend with us and build a lasting relationship with them.
