Design

Design

Design is a feature of shape, configuration, pattern, ornament or composition of lines or colour applied to any article in 2D or 3D or in both the forms.

  • The Design Registration in India is governed by THE DESIGNS ACT, 2000 and THE DESIGNS RULES, 2001. “Design” means only 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 are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.

  • The design does not protect Technical aspect of the invention.

  • The duration of design is 10 Yrs.

  • The criteria for registration of a design are Design Registration in India. It should be novel. It should not have been disclosed to the public by publication or by any use in India or anywhere in the world before filing date of the design application.

Important requirements for registration

A design should:

  • Be new or original

  • Not be disclosed to the publication in tangible from or by use or in any other prior to the filing date, or where applicable, the priority date of the application for registration.

  • Significantly distinguishable from known design or a combination of known designs

  • Not comprise or contain scandalous or obscene matter

  • Not be a mere mechanical contrivance.

  • Be applied to an article and should appeal to the eye

  • Not be contrary to the public order

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