In India, an application for registration of design is filed to protect the aesthetics of a product, therefore, the images that are filed along with the design application becomes the most important basis for the Examiner at the Designs Office to decide on the novelty.
To begin with, designs of maps, calendars, books, jackets, leaflets, greeting cards, postcards, stamps, plan cards etc. are non-registrable and may be outrightly rejected. Therefore, it is advised not to file such articles under a design application.
While submitting the application for design registration, one needs to be careful about the image views deemed appropriate as per the Design Law as any sort of default therein may result in objection to the design application, if not rejection. The design for an article is submitted in a document called Additional Representation, where the applicant is required to disclose 7 views (i.e. top perspective, top, bottom, front, back, left and right) of the article, which in case of a 2-dimensional article would be same and therefore, a single view shall suffice.
An article design can be disclosed by way of engineering drawings, real photographs, computer graphics or specimens similar to the design. Usually, the real photographs are considered to be the most accurate for providing clarity in the design, and hence recommended.
Following are some important points that one should keep in mind before submitting the design views in an application:
- The design views must be provided with adequate shading which would clearly express the shape, configuration, pattern, colour, contour and character of all the surfaces of the article.
- The background for design image must be neutral and nothing extraneous. A white or light colour background would be the best.
- All the views must be consistent and there should be no text in the form of letters, words or numerals on the article unless it is an essential part of the design.
- Views must not contain any reflections or shadows. Though the use of dotted lines is permitted to highlight the novel elements of design for which protection is sought.
Additionally, it is to be noted that engineering symbols are not necessary as what matters is the shape and configuration of the design. Also, if colour combinations are the essence of a design, then it must be depicted in the illustration.
The following is a table illustrating mentions few additional details on design views likely to get objected and succeeded:
| Design views likely to succeed | Design views likely to be objected |
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Conclusion
To sum up, The Designs Act protects the aesthetics or look and feel of the article and not the functional or technical aspect of the product. In many of the cases, it has been observed that even the novel designs are rejected due to incorrect design representation and not as per the design law. Therefore, proper application with accurate representation sheet along with all other details as mentioned above are necessary to get the proposed design registered successfully.
Originally published January 1, 2022
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.