Discuss the Design registration procedure by using a flowchart.
Answer:-
PROCEDURE FOR REGISTRATION OF INDUSTRIAL DESIGNS
Prior Art Search
- Before filing an application for registration of Industrial Designs, it is prudent to ensure that the same or similar Design has not been registered earlier.
- This search can be carried out using various search engines, such as: Design Search Utility (CGPDTM), Global Design Database (WIPO), etc.
Application for Registration
- Once the applicant is satisfied that his Design is novel and significantly distinguishable from other Designs, he can proceed with filing an application for Design registration.
- The application for registration of Design can be filed by an individual, small entity, institution, organization and industry. The application may be filed through a professional patent agent or legal practitioner.
- If the applicant is not a resident of India, an agent residing in India has to be employed for this purpose.
- The applicant submits the registration application at the Design Office Deputy Controller of Patents & Designs, Patent Office, Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata- 700091.
- After the application has been filed, an officer (examiner) analyzes the application for qualifying the minimum standards laid down for eligibility criteria for registration.
- In case of any query, the same is sent to the applicant and he is supposed to respond within 6 months from the objection raised.
- Once the objections are removed, the application is accepted for registration.
DURATION OF THE REGISTRATION OF A DESIGN
- Initially, the Design registration is valid for ten years from the date of registration.
- In the case wherein the priority date has been claimed, the duration of the registration is counted from the priority date.
- The period of registration may be extended further for five years.
- An application has to be made in Form-3 accompanied by prescribed fees to the Controller General before the expiry of the said initial period of ten years