An industrial design recognizes new creation and original features of new shapes, configuration, surface patterns, ornamentation and composition of lines or colours applied to articles which, in the finished state, appeal to and are judged solely by the eye. A new and innovative design makes a product aesthetically attractive, appealing, or desirable, and increases product’s commercial value.

Design registration confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. Registration initially confers this right for ten years from the date of registration, which is renewable for a further period of five years.

Design registration requirements

The registration and protection of industrial designs in India is administered by the Designs Act, 2000 (as amended) (the ‘Act’) and the corresponding Designs Rules, 2001 (as amended) (the ‘Rules’). The Rules were amended in 2008 and 2014. Essential requirements for design registration are that the design should be new or original; significantly distinguishable from known designs or combination of thereof; and can be applied to an article of manufacture.

Non-registerable designs

A design which is contrary to public order or morality, prejudicial to the security of India, a mere mechanical contrivance, or comprises or contains scandalous or obscene matter, cannot be registered.
Moreover, designs relating to (books, calendars, certificates etc., labels, tokens, cards, cartoons, any principle or mode of construction of an article, buildings and structures, parts of articles not manufactured and sold separately, variations commonly used in the trade, mere workshop alterations of components of an assembly) are not registerable.

Design registration process

Filing design application: A design application along with the design representations, can be filed at any of the branches of the India Patent Office. The design representations must show the article fully and neatly in the form of different drawings or photographs illustrating various views of the article.

Examination: An Examiner examines the design application to check if the design fulfils all the requirements for registrability. If the Examiner finds any issues with the design application, he/she shall issue an examination report (setting out any outstanding issues) and give the applicant an opportunity to resolve the outstanding issues by filing a reply within the prescribed time. In the event the Examiner is not satisfied with the Applicant’s said reply, he/she may issue a further examination report or a hearing notice in respect of the outstanding objections.
However, the design application must be placed in order for acceptance within six months of filing in India in order to continue. Failure to comply shall result in the application being deemed withdrawn. On the other hand, if the Examiner does not find any issues with the design application, he/she shall accept the same.

Registration and publication: Once the design is accepted and registered, a registration certificate issued. The design registration is published in journal. The Registrar of Designs also maintains a physical and an electronic design register, which are publicly accessible.

Conclusion

Registering a design is imperative, as it ensures that unique and original designs are secured from unauthorized use. Please contact your IP attorney immediately, for assistance with the filing and prosecution of your design applications.