Design Registration Process
- Design Search– Design search is not mandatory but is a recommended step to make sure that there is no existing application or registration for the same design. A design search can be made by using the departmental portal or filing a request with the department in the prescribed form.
- Application Filing– The application must be filed with the Design wing of the Patent Office in the relevant Form-1 along the representations of the design accompanied by the requisite fees. Upon acceptance of the application a receipt with the application number is issued.
- Examination of Application– The application is examined by the Controller and the defects (if any) are communicated to the applicant. After correcting the defects, the application shall be resubmitted to the department within six months. Further a detailed evaluation of the application is carried out by the Controller to examine whether the design is registerable or not. The Controller may issue his objection in the form of an examination report. The applicant is required to give his submission to the examination report. If the response is satisfactory, then the Controller may accept the application or may issue it for hearing.
- Acceptance and Notification– The correctly filed Design Application is accepted and published by the department in the Journal published on their website every Friday. The registration certificate will be issued by the department after publication.
- Refusal– In case the defects as required by the Controller are not rectified, a hearing will be provided to the applicant. After hearing the controller will decide whether the application should be accepted or not.
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