Hello Auditor

 What is the examination process for a design?

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.

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