First Examination Report for Design

First Examination Report for Design

It is for information to all the stakeholders that in order to facilitate faster processing of applications for registration of designs, First Examination Reports (FER) and subsequent office communications shall be communicated in the e-mail or digital address of the applicant / agent as mentioned in the address of service for respective design applications wherever available. This provision of sending First Examination Reports to applicant/ agent through e-mail would commence from 5th September, 2016. Therefore, all applicants/ agents are hereby requested to invariably provide e-mail address in the Address for Service in Application for registration of Design.

Source: www.ipindia.nic.in

Online Design Application

Online Design Application

Indian government is focusing towards the importance of Intellectual Property and requirement of efficient infrastructure to provide fast and transparent services to the public at large. In the recent, Government has taken some big steps which were not only long awaited but also most required. In last three years India witnessed a huge change in the Intellectual Property Laws and procedures thereto.

Specially, government has taken leap steps in field of Designs. As the design is the base of manufacturing industry. A design can be understood by the complete shape of any product manufactured at industrial scale. Designs due to their specific nature cannot fall under Trademark Act or Copyright Act, however, in order to protect the uniqueness of Design, in India Design Act was enacted.

Registration of design is a tedious process as due to specific requirement and technicality in the design application the applicant should possess the technical capabilities for the same. Design application were filed in India in physical mode and the application were made to the Kolkata office where all the design were examined and then registration were granted.

However, Government of India, vide Public Notice dated 09^th March, 2015 have initiated the online filing of design application. This will cause the speedy disposal of the design application and public at large can track their application status easily.

For our services or information please write at iprsmiths@gmail.com. 

Online Design Search

Design - a concept which changes the future of a product and primarily attracts the consumers. Companies are investing a lot of time and money in design and Indian Government is also seriously viewing the Intellectual Property Rights involved with the design of a product. Controller of Design and Patent on 26^th January,  2015 have launched dynamic search utility for search of design.

Now the design may be searched online. However, previously a person had to make payment to the department for making search of the design of a product and department make the search on behalf of the person itself and use to issue a search report. But now with the initiation of the dynamic search utility facility a person may make the search of the design online without making payment of any fee.

Please go through the link for the dynamic search utility.

Design (Amendment) Rules, 2014 - An overview

Government of India keeping the requirement of Small Scale Industry in country have notified the amendment in the Designs Rules and provided certain provisions for Small Scale Industries. Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) on 31^st December, 2014 notified the Design (Amendments) Rules, 2014 w.e.f. 30.12.2014. The amendment includes certain major changes as:

a.       Fee structure for filing of design application as well as other proceedings under the Designs Act in the First as well as Fourth Schedule of the amended rules have been revised.

b.      Applicants for designs have been categorised separately as “natural person” and “other than natural person(s)”. The second category of applicants i.e. “other than natural person(s)” has been further divided into two sub-categories viz. “small entity” and “others except small entity”. The fees for “small entity” have been fixed in between the fees for a natural person and for all persons other than natural persons (except a small entity).The criteria for “small entity have been elaborated in the amended rules.

c.       Revised Form 1 to 23 have been introduced in the Second Schedule.

d.      Government introduced Form-24 in the rules, which is to be accompanied every new application. For subsequent documents for which a fee has been specified and for which the fee applicable for a small entity is claimed, it should be ensured that Form-24 is filed at least once against the application number. In case of any change of status the applicant(s) such that the benefit derived by the applicant due to its claimed status does not remain valid or applicable, it will be the responsibility of the applicant(s) to inform the Official about the said change.

e.       In case an application processed by a natural person is fully or partly transferred to a person other than a natural person, the difference, if any, in the scale of fees between the fees charged from a natural person and the fees chargeable from the person other than natural person in the same matter shall be paid by the new applicant with the request for transfer.

f.        In case an application processed by a small entity is fully or partly transferred to a person other than a natural person (except a small entity), the difference, if any, in the scale of fees between the fees charged from the small entity and the fees chargeable from the person other than natural person (except a small entity) in the same matter shall be paid by the new applicant with the request made for such transfer.

For copy of notification please go through: Design (Amendment) Rules, 2014.

REGISTRATION OF DESIGN

REGISTRATION OF DESIGN

In our daily life we see a lot of artificial articles and things which carries a specific shape or dimensions which enable us to identify that article and create a impression in our mind to its manufacturer. That specific shape or dimension is called “Design”. Legislation has defined the design per Section 2(d) as only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in 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.

Design has been identified as the Intellectual Property Right of the person who creates or draws such shape, configuration or pattern using his skills.

Points to be taken care before making application of design (Section 4):

·         Design shall be new and original

·         Design shall not have been disclosed to the public anywhere in India or abroad by any publication or use prior to the date of filing

·         The Design shall not resemble with the designs already registered.

·         The design shall not be any scandalous or obscene material.

·         Any work which consist any literal or artistic work cannot be applied as the Design such as paintings, books etc.

Step wise procedure:

·         Any person being the proprietor of a new or original design or the legal representative or the assignee can apply for the registration, which includes any partnership firm and body corporate.

·         Before applying for the registration of design the department may be approach for the search of the design through Form-7 (Rs. 1000/-). It may be taken note that the Form-7 is submitted only to the Kolkata Office. The zonal offices are entitled to take only Form-1. Hence, any request to search shall be submitted to the Kolkata Office only. However if the registration number is know then Form No. 6 (Rs. 500/-)

·         The search is not mandatory, however, recommended. An application for the registration may be made to the department at the Address under Form -1 with a fee of Rs. 1000/-. The Application shall be submitted to the Design Wing of the Patent Office at "Intellectual Property Office", CP-2, Sector V, Salt Lake, Kolkata - 700 091 or any of the Branch Offices of the Patent Office at Delhi, Mumbai and Chennai. The Application (Form-1) shall be accompanied with:

                                 (i).            Cheque of Rs. 1000/- drawn in favor of The Controller of Patents, Kolkata.

                               (ii).            Representation (in quadruplicate of size 33 cm x 20.5 cm with a suitable margin) of the article. Drawings \ sketches should clearly show the features of the design from different views and state the view (e.g. front or Bide).

                             (iii).             A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, numerals should be endorsed on each representation sheet which should be duly signed and dated.

                              (iv).            Power of attorney (if necessary).

                                (v).            Priority documents (if any) in case of convention application claimed under Section 44 of the Designs Act, 2000.

The Department shall analyze the application and shall communicate the applicant about any defect thereto. After rectification of the defect, a certificate of registration is issued in the name of the Applicant.

Disclaimer: The procedure mentioned above is based upon the individual analysis of the author. Author or any of its associates shall not be liable for any damages, of whatsoever in nature, caused due to any person acting solely on behalf of this article.