In a welcome move the Controller General of Patents, Designs & Trade Marks by public notice dated December 16, 2022 eliminated the mandatory requirement of filing physical copies of the forms for filing a design application in India. As a result, the forms and documents related to design registration can be filed online but should be digitally signed in accordance with the Information Technology Act, 2000.
There are some exceptions to this rule, as physical copies of certain documents, such as assignments, attested/notarized copies of original powers of attorney, and original affidavits, must still be submitted in original with the Design Office. This move aims to streamline the process of design registration and make it more convenient for applicants.
For those who prefer the offline mode, the option to file forms and documents for design registration through this method will also remain available.
Applicants filing for reciprocity should provide WIPO-DAS Codes or a certified/verified copy of the priority document in original is to be filed within 3 months from the date of filing the design application in India.
Also, the Design Wing of the Patent Office in India has been issuing e-certificates for design registration since November 1, 2022.
For more information on the documents required for filing new design applications, both online and offline, applicants can refer to the Check List of documents for filing of New Design Applications or the Manual of Designs Practice & Procedure.
#efiling #designs
Raja Selvam
Founder & Managing Attorney, Selvam & Selvam | Practice areas include Trademarks, Patents, Domain names & Business law. Visiting faculty, Department of Journalism, Madras University where I teach copyrights & trademarks law. Passionate about entrepreneurship, start-ups, stocks, farming, technology and law.
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