Basic steps registration – Industrial Design
The procedure for registering industrial designs is similar to that for trademarks, but normally, the time taken for registering a design is shorter than for registration of a trademark. In most countries, design registration process is completed in three to nine months, whereas a trademark registration process may take any thing from twelve months to a few years if the registration is opposed.
a. Application
To register a design, you have to file an application at the national design office, along with copies of an adequate number of drawing and/or photographs that depict all the essential distinctive features of the design. The prescribed fee has also to be paid. You do not have to file a model, sample, or prototype of the design. However, in some countries the examiner may ask for a sample of the design to understand it better or to feel its texture or material. In some countries,
you may be required to file, or have the option of filing, a written description or statement of novelty of the design.
b. Formal examination
All design offices undertake a formal examination to ensure that all the administrative formalities have been complied with.
c. Substantive examination
All design offices also conduct a partial substantive examination to verify if the proposed design is not be rejected on absolute grounds. Some design offices also do a full search against existing design registrations to check for novelty, individual character or originality. An increasing number of offices are accepting registrations without verifying its novelty, individual character or originality.
d. Registration
Design registrations are being granted rather quickly, within three to six months of filing the application for registration of a design.
e. Publication
Accepted designs are published in the design gazette or journal. In many countries, on the request of the applicant, a registered design is kept secret, that is, its publication is delayed.
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