Chapter 3 of the Design Act states about the Filing of Design Application. This Chapter elucidates on Where the application should be filed, the types of applications, who may be the proprietor, how to file an application, its contents, the representation of the design etc.
The key points for the Procedure and Documentation of filing of Design Application:
- Two types of application can be filed namely, Ordinary Application and Reciprocity application.
- An application for registration of design, cancellation of registration and rectification of register may be filed at any of the four Patent Offices located at Delhi, Mumbai, Chennai and Kolkata.
- Contents of Application: The proprietor of the Design should file a duly completed application form as in accordance with the Section 5 of the Indian Design Act, 2020. I. An Application should be filed in Form-1, along with prescribed fees, full name of the applicant, class number, etc. II. In case, the design has to be more than one class, a separate application is required to be filed for each class. III. The application should be signed by the applicant or by his authorized agent. IV. In case, the applicant has already registered a design in any other class of articles, the fact of such registration along with the registration number shall be mentioned in Form-1.
- Two copies of representation of the design shall be submitted.
- A reciprocity application shall be accompanied by a copy of the design application filed in the Convention Country, which should be certified by Head of the Organization.
- The representation sheet of an article needs to be prepared diligently and shall be filed along with the application, in duplicate. Four copies of the representation shall be filed along with the application.
- The appropriate class shall be clearly identified with reference to The Third Schedule and shall be mentioned in Form 1. When a Design Application is for an article with multiple utilities, the application may be made with depiction of an article in any one or more of the utilities.
- The application should consist of an address for service in India.
It is important that complete and correct information is filed so that the application is processed faster. The application requires few information to be filed along with the application:
- Name and address of the Applicant;
- Legal Status of the Applicant i.e. whether the applicant is natural person, Company etc. If the Applicant claims to be a start-up (registered with the Government of India as a start-up), the certificate has to be filed.
- Description of article to be filled in along with identification of the class as per the classification.
- The nature of applicant determines the official fee for the application.
- The image or drawing of the article is to be filed along with the application.
- Claim of novelty is to be made in the application i.e. whether any part of the article or the entire article is novel.
Important Documents which are required are –
- Form 1 as prescribed in Schedule-II of the Design Rules.
- Representations should be prepared as prescribed under Rule 12, 13 and 14 of The Designs Rules and should be submitted in duplicate
- Form-21(Power of authority/General Power of authority) in original (if filed through patent agent/advocates) (as in Schedule-II)
- Form-24 in prescribed format (if small entity status is claimed) (as in Schedule-II)
(a) It should be accompanied with evidence of registration under MSME Act, 2006 in case of Indian entities.
(b) It should be accompanied with affidavit deposed by the applicant or authorised signatory as Rule 42 of Designs Rules in case of Foreign entities.
- Original Priority document under Rule 15 of The Designs Rules.
- Authenticated English translated copy of the Priority document (if original priority document is other than English)
- Assignment in original (if the applicant of priority application in convention country is different from Indian applicant