Design Patent Application Forms – Type of Forms
1. The first legislation in India for protection of Industrial Designs was The Patents & Designs Protection Act, 1872. It supplemented the 1859 Act passed by Governor-General of India for granting exclusive privileges to inventors and added protection for Industrial Design. The 1872 Act included the term ―any new and original pattern or design, or the application of such pattern or design to any substance or article of manufacture‘.
2. The Inventions & Designs Act of 1888 re-enacted the law relating to the protection of inventions and designs and contained a provision relating to Designs in a separate part.
3. The Patents & Designs Act enacted in 1911 also provided for protection of Industrial Designs.
4. The Patents Act, 1970 repealed the provisions of the Patents and Designs Act, 1911, so far as they related to Patents. However, the provisions relating to Designs were not repealed and continued to govern the Designs Law. India joined the WTO as a ―member State‖ in 1995. Consequently, the Patents & Designs Act, 1911 was repealed and the Designs Act, 2000 was enacted, to make the Designs Law in India TRIPS compliant. The definition of ‗design‘ in the Designs Act, 2000 is more or less the same as that of the 1911 Act. Novelty under the 1911 Act was determined with reference to India, whereas under the Designs Act, 2000 novelty is determined on a global basis. The classification system of the 1911 Act was based on material characteristics of the article, whereas the Design Rules 2001 and the amendment in 2008 provide an elaborate classification based on the Locarno Classification system.
5. The Designs Act and Rules provide for filing of a Design Application in any of the four Patent Offices i.e. Patent Office Delhi, Mumbai, Chennai or Kolkata. However, the prosecution of a Design Application is done only at Patent Office, Kolkata. Even after providing facility to file applications in any of the four IP Offices, the number of Design Applications has increased only from about 4000 in 2004-05 to 6700 in 2009-10. This is irrespective of the tremendous growth achieved in the Industrial Sector and expansion of Design education in the Country. Tardy growth in the filing of Design Applications may be contributed to, amongst other things, lack of awareness about prosecution procedures and ignorance of the benefits of registration. The general feeling of the Creators appears to be that Design registration is a lengthy, time consuming and costly affair, whereas the facts are to the contrary. This manual is intended to remove such misconceptions. It is also intended to sensitise the stakeholders about the simple registration procedure along with the benefits of registration.
Now, the E-Application system has been implemented.
Application for Registration of Designs
CLAIM UNDER [SECTION 8(1) & (5)] TO PROCEED AS AN APPLICANT OR JOINT APPLICANT
APPLICATION TO EXTEND COPYRIGHT
APPLICATION FOR THE RESTORATION OF DESIGN UNDER SECTION 12(2)
REQUEST FOR INSPECTION
REQUEST FOR SEARCH – Design Application Number:
REQUEST FOR SEARCH – When registration number is not supplied
PETITION FOR CANCELLATION FOR THE REGISTRATION OF A DESIGN
NOTICE OF INTENDED EXHIBITION OF PUBLICATION OF AN UNREGISTERED DESIGN
APPLICATION FOR ENTRY OF NAME OF PROPRIETOR OR PART PROPRIETOR IN REGISTER OF DESIGNS(See section 30)
APPLICATION FOR ENTRY OF A. MORTGAGE OR LICENCE IN REGISTER OF DESIGNS(See section 30)
APPLICATION FOR ENTRY OF NOTIFICATION OF DOCUMENT IN REGISTER OF DESIGNS
REQUEST FOR CORRECTION OF CLERICAL ERROR
REQUEST FOR CERTIFIED COPY
APPLICATION FOR CERTIFIED COPY OF REGISTERED DESIGN
RECTIFICATION OF REGISTER
APPLICATION FOR EXTENSION OF TIME
NOTICE OF OPPOSITION
NOTICE OF INTENTION TO ATTEND HEARINGS
POWER OF AUTHORITY TO AGENT
NOTICE OF ALTERATION OF ADDRESS OR NAME OR AN ADDRESS FOR SERVICE IN THE REGISTER OF DESIGNS
REQUEST FOR ENTRY OF TWO ADDRESSES FOR SERVICE IN REGISTER OF DESIGNS
TO BE SUBMITTED FOR CLAIMING THE STATUS OF A SMALL ENTITY
On petition under rule 46 for amendment of any document
On petition under rule 47 for enlargement of time
Reply to Examination Report