Initial Scrutiny
- The application is first reviewed for completeness and correctness.
- The Design Office checks if all required documents and forms are submitted.
- It verifies the prescribed fee and compliance with formalities.
- Incomplete or defective applications may be returned or objected to.
- Applications filed physically are forwarded to the Design Wing in Kolkata.
Formal Examination
- The application undergoes formal examination under the Designs Rules, 2001.
- It checks the article’s classification, representations, and statements.
- The novelty statement is reviewed for clarity and scope.
- The design must fall within the statutory definition under the Designs Act, 2000.
- The format and physical presentation are examined for rule compliance.
Substantive Examination
- The design is assessed for novelty and originality.
- A prior art search is conducted to identify similar published or registered designs.
- The design must be visually distinguishable from known designs.
- Functional or technical aspects of the design are excluded from assessment.
- Designs contrary to morality or public order are disqualified.
Objection and Response
- If any objection arises, an examination report is issued to the applicant.
- The applicant must respond within six months from the date of communication.
- The response may include amendments, clarifications, or supporting documents.
- An extension of three months may be granted upon request.
- Failure to reply in time may result in abandonment of the application.
Acceptance and Registration
- If the design satisfies all criteria, it is accepted for registration.
- A certificate of registration is issued by the Controller of Designs.
- The registered design is published in the official Designs Journal.
- Details are entered in the Register of Designs maintained in Kolkata.
- The applicant receives statutory protection from the filing date.



0 Comments