Industrial Designs that are new or original can be registered in India. Designs which have been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration. Further no copyright in the design shall vest in Applicant if more than 50 copies of the design has been manufactured commercially. A design is not registrable if it is not significantly distinguishable from known designs or combination of designs or if it comprises scandalous or obscene matter.
Types of Design Applications in India
Design application in India can be classified under two categories depending upon their priority claim:
Ordinary design application without any priority
Conventional design application- has to be filed within 6 months from date of filing of conventional application
Design filing requirements in India
Following are the basic requirements for filing of a Copyright application in India:
Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or company)
Class & Subclass according to Locarno classification
Title of the Article
Nature of applicant’s interest in copyrighting the work
6 sets of Photographs/ drawings/ tracing with various views (top, bottom, front, back, side/s and perspective views) of size at least 13 by 10 cms, if by provided by print, in case of by email only one se
Statement as to novelty
Representations illustrating the views of the article wherein the originality resides
Power of authority in favour of Indian Attorney/ Advocate, to be stamped in India. It may be filed later (before or along responding to official letter). Notarisation or legalisation is not mandatory
Conventional Design filing requirements in India
Following are the basic requirements for filing of a Copyright application in India:
Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or company)
Class & Subclass according to Locarno classification
Title of the Article
Nature of applicant’s interest in copyrighting the work
6 sets of Photographs/ drawings/ tracing with various views (top, bottom, front, back, side/s and perspective views) of size at least 13 by 10 cms, if by provided by print, in case of by email only one se
Statement as to novelty
Representations illustrating the views of the article wherein the originality resides
Details of priority, if any, including application number, date of filing and country of filing. Certified copy of the priority document has to be filed within 3 months from the date of filing of application in India
Power of authority in favour of Indian Attorney/ Advocate, to be stamped in India. It may be filed later (before or along responding to official letter). Notarisation or legalisation is not mandatory
Design prosecution in India
Design prosecution in India involves following stages:
Filing of application & issuance of receipt of fee along with application number
Issuance of Examination report with objections, if any ordinarily within 3-4 months of filing of application
Responding to Examination report within 6 months from date of filing of application in India which can be extended further by 3 months on payment of additional fees and request before expiry of 6 months from date of filing
Hearing, if any
Acceptance of application
Issuance of Registration certificate
Term of Design
The term of registration of copyright in Design is for 15 years in total. The registration is valid initially for a term of 10 years and can be renewed for a further period of another 5 years.
Renewal of designs
A registration of design can be renewed for a further period of 5 years after expiry of initial registration of 10 years.
