A Design as defined under Section 2(d) “Design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trademark, property mark and copyright as defined under the Indian Laws.
TO QUALIFY FOR PROTECTION:
- It should be novel and original.
- It should be applicable to a functional article.
- It should be visible on a finished article.
- There should be no prior publication or disclosure of the design.
- The Design should be significantly distinguishable from a known design or a combination of known designs.
Indian Applicant: On determining the eligibility of the design for protection under The Designs Act 2000, an Indian applicant can file the application with the design wing of the Indian Patent office.
Foreign Applicant: A foreign applicant can file a design application in India within six months from the date of filing the original design application within his respective country. If filed later, the applicant is not entitled to claim priority date of the first application.