A design is something which is applied to an ‘article’ and further such article should have ‘appeal and to be judged solely by the eye’. The appearance of such design must be striking and it should be ‘new or original ‘. Hence a design in order to be entitled for registration under the Designs Act ,1911 must be either new or original but not previously published in India. Therefore ‘novelty’ and ‘originality’ are important in a design for registration.
2. Registration of Design:
i) Registration of design is being done by the ‘Design Cell’ at Patent Ofice, Calcutta. Hence the applicant should send the Design application to the Calcutta Design Cell. The whole registration process should be completed within the period of six months as per The Designs Act.
ii) The important thing is that such new design article should not be sold to public before filing application for design. It means that it will be sold only after filing application , otherwise the ‘novelty’ in the said design will be lost.
iii) The design will be valid for 15 years subject to renewal for every five years.
3. Requirement of Particulars:
I) Name and address of the proprietor or Partners of company.
ii) Authorization Form typed and signed in required stamp paper in form of Attorney or Agent.
iii)The following photographic works (three dimensional ) of the new design article will be sent.
b) BOTTOM VIEW
e) SIDE VIEW
IV) The particulars of ‘novelty’ (shape and configuration ) residing in which part of the design article.