• Mechanical devices or functional designs.
• Trademarks, property marks, or artistic works under the Copyright Act, 1957.
• Designs that compromise public morality or national security.
Why Register Your Design?
1. Exclusive Rights: Gain control over the commercial usage of your design.
2. Legal Protection: Prevent unauthorized copying or imitation.
3. Market Advantage: Enhance your product’s distinctiveness and competitiveness.
Essential Requirements for Design Registration
As per the Designs Act, 2000, the following criteria must be met:
1. Originality: The design must be new or original and unpublished before the application date.
2. Aesthetic Features: It must relate to shape, configuration, pattern, or ornamentation applied to an article.
3. Industrial Process: The design should be applied through manual, mechanical, or chemical industrial processes.
4. Visual Appeal: Judged solely by the eye for its aesthetic appeal.
5. Exclusions: The design should not include functional elements, trademarks, or artistic works.
6. Compliance: It should not conflict with public order, morality, or national security.
Types of Applications
1. Ordinary Application: Filed directly in India without claiming priority.
2. Reciprocity Application: Claims priority from a previously filed application in a convention country (must be filed in India within six months).
Filing Requirements
Design registration applications can be filed at one of the four Patent Offices (Delhi, Mumbai, Chennai, or Kolkata), but prosecution is centralized at the Kolkata Patent Office.
Documents Required:
• Form 1: Includes applicant details, nationality, and address for service in India.
• Article Details: Name and class/subclass (as per Locarno Classification) of the article.
• Design Representations: Two identical copies of drawings, photographs, or computer graphics clearly illustrating the design.
• Statement of Novelty: Highlights the novel aspects of the design.
• Power of Attorney: If filed through an agent.
• Priority Document: Required for reciprocity applications.
Post-Filing Process
1. Examination: The Design Office examines the application and may raise objections.
2. Resolution of Objections: Applicants address the objections, if any.
3. Registration Certificate: Issued upon successful resolution.
4. Validity: Registration is valid for 10 years (extendable by 5 years through Form 3 before the initial term expires).
Our Expertise
At RAS Intellect Solutions Private Limited, we specialize in:
• Strategizing Registrations: Tailored solutions for different industries.
• Ensuring Compliance: Managing filing requirements and legal objections.
• Design Protection: Securing exclusive rights to our clients’ designs.
Why Choose RAS Intellect Solutions?
1. Industry Expertise: Our experts come from diverse technical domains, including Chemical, Biotechnology, Pharmaceuticals, Electronics, Electrical, Software, and Mechanical.
2. Confidentiality Assurance: Stringent policies ensure complete protection of client disclosures.
3. Customized Solutions: Tailored services for patent drafting, filing, prosecution, and portfolio management.
4. End-to-End Support: Comprehensive IP solutions, from ideation to monetization and enforcement.
Make RAS Intellect Solutions Private Limited your trusted partner in navigating the patent landscape and achieving technological and business success.