Any person or the assignee or the legal representative can apply separately or jointly for the registration of a design. The term “Person” may include the small entity, firm, partnership and a body corporate. An application may be filed through an agent in which case a power of attorney is required to be filed
The design wing of the patent office can assist if an application for a search is made or an applicant can inspect the register of designs. In order to request for a search by the design wing of the patent office, the following documents need to be filed to find out whether any registration exists in respect of any design.
A representation of the article on which a design has been applied should be prepared on a white A4 size paper of durable quality. Should not prepare on the cardboard and mount it on other paper. Details of the design and the applicant should be indicated clearly.
In order to provide for the systematic registration, designs need to be categorised in a separated classes. Internationally accepted classification of an industrial design is required. The classes and the sub-classes should be mentioned in an application. There are about 32 classes and most of them can be divided into sub-classes.
A novelty statement should be included in the representation of the design as per the act to specify the claim. This will provide a more specific protection and a speedier examination. The claim may protect the overall visual appearance of the design which has been described in the representation of drawing.
If the ornamental pattern or an article is likely to be confused with a trademark, suggest any mechanical action or words, letters, numerals, etc., a disclaimer have to be included in the representation.
If you have applied for the protection of design in any conventional countries or the countries which are members of the inter-governmental organisations, you can claim the registration of a design which cited a priority date in India. This is the date of filing of the application in any such countries provided in the application which is made in India within six months.
Applications need to be accompanied by the required fee through cheque or draft.
Ensuring that all the enclosures and fee are attached, and then only the application can be filed. Application can be filed in either the design office in Kolkata or in the branch offices like Mumbai, Delhi or Chennai.
If the design office requires any additional information for clarification after the preliminary examination, kindly ensure that whether these are provided promptly. This will facilitate the office to take up your application for early examination.
Make sure that while filing an application, all contact details and addresses are clearly filled in. This will make the office to contact you easily and convey the decisions.