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IP Registration

Registration of Designs

Registration of Designs

The registration of industrial designs under the Designs Act, 2000 is done by the Designs Wing of the Patent Office located at Kolkata. However, applications can be filed at other offices of the Patent Office, namely, at Delhi, Mumbai and Chennai.

The thrust of the modernization programme of the Designs Wing includes a transition from the essentially paper-based examination procedures to an IT-based system supported by the computerization of existing records, on line search facilities, setting up of a user-friendly website and creation of a digital library.

Ten Steps for Registration of industrial design given by the Designs Wing are as follows :

Step 1. Finding out whether any registration already exists

The Designs office can assist you to search whether the design has been previously registered. If the registration number is known, Form No.-6 should be filed along with the prescribed fees of Rs. 500. If the representation of the article or the specimen of the article is filed Form No.-7 along with the prescribed fees of Rs. 1,000 is required.

Step 2. Preparing a representation of the design

A representation is the exact representation of the article on which the design has been applied. It should be prepared on white A4 size paper of durable quality. Do not prepare it on cardboard or mount it on other paper. Indicate details of the design and applicant clearly.

Step 3. Identifying the class of design

Designs are required to be categorized in separate classes in order to provide for systematic registration. An internationally accepted classification of Industrial Designs based upon the function of the article is required. The class and sub-class should be mentioned in the application. There are 32 classes and most of the classes are further divided into sub-classes.

Step 4. Providing a statement of novelty

A statement of novelty should be included on the representation of a design as per the Act in order to specify the claim. This will enable speedier examination and provide a more specific protection. The claim will protect the overall visual appearance of the design as described in the representation of drawing.

The Scientist, the Patent and the Mangoes - Tripling the Mango Yield in the Philippines

By Elizabeth March, WIPO Magazine Editorial Team** Source: WIPO Magazine Issue No. 6/2008 dated June 2008
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