Definition of Prior Art in Design Law
- Prior art refers to any design that was disclosed before the filing date.
- It includes previously registered designs in any country.
- Public use, publication, or commercial availability may count as prior art.
- Prior art must relate to similar or identical visual features.
- It serves as a reference point to assess the novelty of a new design.
Impact on Novelty and Originality
- A design must be new and original to qualify for registration.
- If similar design features are already in the public domain, the application can be rejected.
- Prior art undermines the originality requirement under the Designs Act, 2000.
- Lack of novelty is a valid ground for objection by the examiner.
- Applications found to match prior art are considered invalid.
Search and Examination Process
- The Design Office conducts a novelty examination during processing.
- Examiners compare the applied design with existing registered designs.
- Global databases and published materials may be consulted.
- A design search by the applicant before filing helps avoid rejection.
- If prior art is discovered, the applicant may amend or withdraw the design.
Challenges from Third Parties
- Any person may file a cancellation petition based on prior art.
- Competitors or interested parties can cite earlier publications or registrations.
- Evidence such as catalogs, advertisements, or online listings may be used.
- If successful, the registered design can be invalidated.
- Post-registration challenges are subject to examination by the Controller.
Best Practices to Avoid Conflicts
- Conduct a comprehensive design search before filing an application.
- Maintain records of creation dates and development processes.
- Avoid using design features that are widely known or commonly used.
- Consult professionals for evaluating the risk of prior art.
- Modify the design sufficiently to distinguish it from known works.



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