INDUSTRIAL DESIGN: A
Design means only the features of shape, configuration, pattern or ornament applied to an article by an industrial process. Shape and configuration refer to the form of the article and is usually three-dimensional in nature. Pattern and ornament are decorative features applied to the surface of articles and are usually two-dimensional in nature. The application of such a design makes the final products appeal to the observer's eye. The design, in order to be remittable, must be judged solely by the viewer's eye and should not be a mere mechanical device. A manufacturer may use a particular design with reference to a product in order to ensure that the same catches the consumer's eye easily. It is this design, which is protected under the Design Act, 2000.Design which are functional, i.e. articles made in a particular design, not with a view to Design, which are functional, is not remittable. Further the design in order to be remittable should be new and original and not previously published in India.
DESIGN PROHIBITED FROM REGISTRATION: B
The following designs are prohibited from registration:
REGISTRATION PROCEDURE OF DESIGN: C
Registration of designs is done by the Patent office at Calcutta. Any person claiming to be the proprietor of any new and original design may apply for registration of the design. For the purpose of registration goods are classified into 14 classes. The applicant may include in the application, a brief statement of the novelty he claims for the design. For example novelty resides in the Shape or configuration in the telephone set as illustrated.
On receipt of an application, the application will be examined by an examiner as to whether the design is registrable under the Act and the Rules and submit a report to the Controller.
If the application is in order and satisfies the requirements of the Act and the Rules, the Controller will accept the application and register it. The design when registered will be registered as on the date of the application for registration. There is no provision under Act for advertisement of the application before registration as in the case of Trademark. The term of Industrial Design for the first instance will be for a period of ten years, which can be extended by five years.
INFORMATION REQUIRED: D
Statement as to where the novelty resides in the article for design registration.
DOCUMENTS REQUIRED: E