In India, Designs are administered under The Design Act, 2000 and The Design Rule, 2001. It came into force on May 11, 2001. This act was further amended by Design (Amendment) Rule 2008 and Design (Amendment) Rule 2014. The Design Act, 2000 has 11 Chapters and 48 Sections.
So, What basically a design is?
A design as its name denotes is an
1.) Outward appearance of a product
2.) 3 – Dimensional Shape
3.) 2- Dimensional like Pattern, Colour, Lines or Composition.
Criteria to Register a Design in India
Controller General of Patents, Designs and Trademarks is trying their best to make Intellectual Property Registration Process as user-friendly as possible.Therefore, I suggest you to strictly follow their rules and regulations. Mentioned below is the criteria to Register a Design in India:
a.) Novel
Your design must be Novel/Original. Don’t try to register a design which is not new and doesn’t follow the principle of Novelty. Controller General of Patent, Design and Trademarks have strict rules and regulations and policies. If you can’t decide the Novelty features of your design then I suggest you use the services of Professional.
b.) Not Published Anywhere in the World.
Check whether your Design has already been published anywhere, If your design is already present then it is definitely Not new and don’t follow the above principle.
c.) Your Design must not be a useful or Technical function of a product.
d.) Your Design must be distinguishable from Combination of known designs/ designs.
e.) Not Contrary to morality or Public Order.
f.) Must not follow Section 4 of The Design Act, 2000
* While deciding criteria to register a design in India, I strongly suggest you use the service of professional in India.
Why are some individuals unable to get their Design Registered in The Design Act, 2000?
This could possibly the reason that they are not following the Criteria to Register a Design in India as explained above or They are Registering Designs which are prohibited in The Design Act, 2000.
Design such as emblems, official symbols, building, stamps, medal, maps etc cannot be Registered under The Design Act, 2000
Who is eligible to file a Design Patent in India?
1. Persons
a. Firm
b. Corporate/ Partnership
c. Individual
2. Body
Legal Entity
Receiving/Examination Office(s):
1. Kolkata (Receiving and Examination Office).
2. Delhi Receiving Office.
3. Mumbai Receiving Office.
4. Chennai Receiving Office.
You can also efile Design in India, Please visit:
Controller General of Patent, Design and Trademark Website.
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