A design registration is used to obtain protection for the features of shape, configuration, pattern or ornaments.In India, a design registration lasts for a period of ten years from the date of registration of design, the term can be further extended for another five years by filing the application for extension. The design may consist of three-dimensional features, such as the shape or configuration of an article, or of two-dimensional features, such as patterns or ornaments.
A design registration does not protect any technical features of an article. The Indian Patent Office follows a very rigid practice of not permitting a single design application to include views of more than a single embodiment of a particular design for an article. Additionally, views showing an article in more than one operational position are not permitted in one and the same application.India follows the system of "first-to-file." Therefore, it is imperative that a rights holder applies for the registration of its design at the earliest opportunity to ensure that no other person can claim prior rights to the design. Furthermore, an application for design in India has to be filed before publication or any kind of public disclosureof such design, in order to be eligible for registration.
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