4A IP SOLUTION

“Design” means 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; but does not include any mode or principle of construction or anything which is in substance a merely mechanical device.

Essential requirements for the registration of the design under the Designs Act, 2000

The design should be new or original and not previously published or used in any country before the date of application for registration;
The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article;
The design should be applied or applicable to any article by any industrial process;
The features of the designs in the finished article should appeal to and are judged solely by the eye;
The design should not include any trademark or property mark or artistic works;
The Design should be significantly distinguishable from a known design or a combination of known designs.

Filing Requirements

The Controller of Designs, the Patent office is located at Kolkata and four branches at New Delhi, Mumbai, Chennai, or Ahmedabad. An application shall be made to any of these offices of Controller of Designs and the application received by such offices are transferred to the Head Office for processing.

Following procedure needs to be followed for filing of applications for registration of a design in India:

Application duly filled in Form 1 along with the prescribed fees, stating name & full address, nationality of the applicant. In case the applicant is not a natural person, the legal status and the place of incorporation shall be mentioned;
Name of the article to which the design is to be applied;
Class & Sub Class of the article embodying the design is applied under the Locarno Classification;
Representations illustrating the views of the article wherein the originality lies. The representations can be in the form of photographs or drawing figures showing the perspective, front, rear, top, bottom, and side views of the article (2 copies of each view). If the design is to be registered in more than one class, a separate application shall be filed for each class;
A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet and should be duly signed and dated;
When colour the colour combination is the essence of a design as applied to an article, the same shall be depicted in the representation.

The Design Officer of Kolkata shall invite objections after due examination of the application. After rejection or removal of the objections, the Design Officer shall issue a certificate granting copyright in the registered design. The validity of registration of the design is ten years and maybe extended for five years after the expiration of ten years by making an application in Form-3 accompanied by fees of Rs. 2000/- to the Controller within the due period as specified in the law.

Design Portfolio