Frequently Asked Questions ?
Q. What is ‘design’ as per Designs act?
A. Design can be a combination of shapes, pattern, ornament, configuration, combination
of lines or colours, which should be in either 2d or 3d form, which should be applied to an
article and it should be created by means of any industrial process i.e. it could be done
manually, mechanically, chemically or by any combination process thereof.
Q. How the procedure for registration begins?
A. The procedure with respect to the registration of design begins as usual with an application to
the patent office. Such application need to filed with prescribed form and format, and the prescribed
fee also needs to be paid while applying for the design. Finally, have to submit copies of the design
which you want to get registered.
Q. When design can’t be registered?
A. The design which is obvious, already available in public domain, known to the public, not new or
original can’t get to be registered and also when fails to comply with the other criteria and procedure.
Q. Whether the examination requires any request from the applicant?
A. No, the process of design registration is somewhat different from patent registration, where the
request for examination is mandatory. Here the process begins automatically once the application is
filed and the fees is paid.
Q. What are the essential conditions for the registration of a design?
A. Design should be in the nature of visible thorough eyes. And it shouldn’t be a trademark or a
copyright alreadty in order to register the design.
Q. What if the controller asked to do certain changes?
A. Controller has every right to ask for clarification and alterations, once he demanded one is suppose
to do such alterations within the prescribed time.
Q. What will be the time limit for objection reply from the controller?
A. The time limit for the reply to the report should be made within six month from the date of report.
Q. When the objections can be raised?
A. It should be raised within six months from the date of publication in the journal and within twelve
months from the date of registration.
Q. What should be done in case of objections raised?
A. In case of objections raised need to reply for the issue or the problem in question. If the controller
is not satisfied he may solve the issue when both the parties are present and would then release order based upon his satisfaction.
Q. Whether aggrieved party can go against the order of the controller?
A. Yes, the aggrieved party has every right to go for appeal to the intellectual property appellate board.
That’s why Design registration should be handled by someone who has knowledge of Law and expertise in registration of Design.
Q. What will be the term of protection?
A. The term of protection will be ten years.
Q. Whether the term of protection can be extended?
A. Yes, it can be done but up to five years.
Q. What are the benefits one gets out of registration of a design?
A. The ultimate benefits out of registering the design is for the monopoly over such design thorough
which one can get competitive advantage over the competitors in the market and safeguard their rights.
And also it will be a unique for your business which ultimately gains the reputation and also an identity
to your business. Also gives the right to exploit such design commercially and also to enjoy such designs
peacefully without any endurance in case any disturbance arises one has every right to sue for the
infringement and can get compensation for the losses occurred.
Q. What will be the further steps in procedure?
A. Once the application filed the process of examination will be taken by the controller and the report
will be given. Then based upon the report you may ask for any clarification or alteration once done with it,
the design will be published in journals and need to wait for objections. If there is no objections made
within the prescribed time the design will be registered and the certificate of registration will be provided.
Q. How the extension can be made?
A. The extension of protection can be made by paying of prescribed fee and the important thing is that it should be made within the period of initial registration.
