Design Registration in India
A design application is accepted for registration in India when all the shortcomings raised in the Examination Report have been rectified. If accepted the Patent Office issues the design registration certificate and thereafter it is duly notified in the Patent Office’s journal.
In case the objections are not rectified, a personal hearing is provided to the applicant. After hearing the controller decides whether the design application should be accepted or not.
RENEWAL OF DESIGN IN INDIA
On issuance of registration certificate for a design, initially the term of registration or Copyright in a Design is ten years from the date of registration. In a case where priority is claimed with respect to a Design, the term is ten years from the priority date.
The term of Design can be extended further for a period of five years on an application made in prescribed form by paying prescribed fee to the Controller before the expiry of the initial period of Copyright.
Further, if a registered design is lapsed due to non-payment of extension fee, then an application for restoration of lapsed Design is required to be submitted to the Controller alongwith prescribed form and fee, within one year from the date on which design is lapsed.
The Design Act, 2020 can be accessed here.
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