Legal Criteria for Novelty

• Novelty is assessed under Section 4 and Section 19 of the Designs Act, 2000.
  
• A design is considered novel if it has not been disclosed to the public.
  
• It must not be published in India or elsewhere before the filing date.
  
• The design should differ significantly from known designs.
  
• It must not be a reproduction or imitation of any existing design.
  

Comparative Examination

• The Design Office compares the new design with prior registered designs.
  
• It also examines designs published in journals, catalogs, or online.
  
• Visual differences are assessed to determine originality.
  
• The assessment is based on overall appearance and impression.
  
• Minor or trivial variations from known designs are not considered novel.
  

Global Prior Art Search

• Novelty is examined in an international context, not just within India.
  
• Designs disclosed anywhere in the world before filing are relevant prior art.
  
• The search includes foreign design registers and publications.
  
• Any public use or display also affects novelty.
  
• Even informal disclosures like exhibitions may constitute prior art.
  

Applicant’s Obligations

• The applicant must declare that the design is original and unpublished.
  
• Full disclosure of any previous use or filing is mandatory.
  
• The representations must clearly show the design’s unique features.
  
• The novelty must be reflected in the statement of novelty.
  
• Intentional concealment of prior disclosure can lead to rejection.
  

Examination and Objection

• The Design Office issues objections if the design lacks novelty.
  
• The applicant is given a chance to respond with clarification or evidence.
  
• The examination report outlines the conflicting prior art.
  
• Failure to establish novelty results in rejection of the application.
  

The decision can be challenged before the High Court if necessary.