Industrial Design: Registration and Protection Procedure

 Industrial Design refers to the ornamental or aesthetic aspect of an article. While a patent protects the way a product works, industrial design protection focuses exclusively on the way it looks. In India, this is governed by the Designs Act, 2000.

1. Industrial Design: Meaning and Definition 

As per Section 2(d) of the Designs Act, 2000, a "Design" means the features of:

• Shape and Configuration (3D)

• Pattern or Ornament (2D)

• Composition of lines or colors

These must be applied to an article (a manufactured item) by an industrial process. The design is judged solely by the eye; it does not protect the function, mechanical principles, or the "idea" of the product.

2. Subject Matter of Legal Protection

To be eligible for protection in India, a design must meet the following criteria:

1. Novelty and Originality: It must not have been disclosed to the public anywhere in the world before the filing date.

2. No Functional Features: Features dictated solely by the function of the article (e.g., the shape of a gear to make it fit a machine) cannot be protected as a design.

3. No Trade Marks or Artistic Works: It should not include trademarks, logos, or property protected under the Copyright Act (unless it has been produced more than 50 times industrially).

4. Moral Standards: It must not contain scandalous or obscene matter.

3. Procedure for Registration in India

The registration process is handled by the Controller General of Patents, Designs and Trade Marks (Head office in Kolkata).

Step 1: Classification (Locarno Classification)

Before filing, you must identify the correct class for your article under the Locarno Classification system (an international system for industrial designs). India follows the current edition of this system.

Step 2: Filing the Application (Form 1)

The application must include:

• Applicant Details: Name, address, and nationality.

• Representation Sheet: Clear drawings or photographs of the design from all angles (Front, Back, Top, Bottom, Side, and Perspective views).

• Statement of Novelty: A brief statement claiming which features of the design are new and original.

• Fees: Payment of prescribed government fees (startups and small entities get significant discounts).

Step 3: Examination

The Design Office examines the application to ensure it complies with formal requirements and that the design is truly "new."

• If objections are raised, the applicant has a window (usually 6 months, extendable by 3) to file a response or request a hearing.

Step 4: Registration and Publication

If the application is accepted, the design is registered in the Register of Designs and published in the Official Journal. Once registered, the owner can use the "Registered Design" status to prevent others from imitating the look of their product.

4. Duration and Renewal

• Initial Term: 10 years from the date of registration.

• Extension: The term can be extended for an additional 5 years (for a total of 15 years) by filing Form 3 and paying the renewal fee before the initial 10-year term expires.