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Designs Act 2000
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What is a design: Section 2(d) of the Indian Designs Act 2000 defines a design only as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical, or chemical, separate or combined, which in the finished article appeal to and only are judged solely by the eye; but does not include any mode or principal of construction or anything which is in substance a mere mechanical device and does not include a trade mark.

Validity Period: The registered proprietor of a design registered under the Designs Act, 2000 shall have copyright in the design during ten years from the date of registration, which can be further extended for a period of five years.

Filing Requirements:

  1. Full name, address and nationality of the Applicant
  2. Name of the articles or articles to which the design is sought to be applied
  3. Statement of Novelty i.e. the feature in which novelty is being claimed, this also implies that the design should be novel
  4. Details of the priority in cases where priority (in accordance with the Paris Convention)is being claimed from an earlier registration
  5. Photographs ( if photographs are not possible-drawings) of the article to be registered as a design from different views. The photographs/drawings should bring out the novelty of the design from the Top, Bottom, Side, Front, Back, Prescriptive and any other view which brings out the novelty in the design. We require from you Six (6) copies of the photographs/drawings for each view. Four copies are filed with the Patent and Design Office.

It is absolutely crucial that the design should not be prior published anywhere in the world prior to the date of registration. If the design is prior published anywhere in the world prior to the registration date then the said design shall not be registrable in India. Although the term publication has not been defined in the Designs Act, 2000, the same will mean “made available to public”