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Amendments and Alterations

1. What are the permissible amendments under Indian Design law?

 

Document/ information which could be amended When
Name and address of Applicant address for service – Anytime during the pendency of application;

– after registration

Any document for the amendment of which no special provision is made in the Act may be amended (including class of design, drawings, novelty statement and disclaimers in the representation sheet) – Anytime during the pendency of application;

– after registration

 

2. Can name and/ or address of the Applicant be amended after filing the design application?

Yes. The name and/ or address of the Applicant can be amended after filing the application. Also, a proof of change in name and/ or address needs to be furnished at the Design Office.

3. Can name and/ or address of the proprietor of design be amended after registration of design?

Yes. The name and/ or address of the proprietor of the design can be amended after the registration of a design. Also, a proof of change in name and/ or address needs to be furnished at the Design Office.

4. Can the class, drawings, novelty statement and disclaimers in the representation sheet of a design application be amended after filing the application?

Yes. The applicant can file a request for amendment of class, drawings, novelty statement and disclaimers in the representation sheet of a design application. While considering such requests, only such an irregularity is allowed to be corrected which does not cause any detriment to the interests of any person.

5. Is it mandatory to submit an assignment / mortgage / license deed for a design application or a registered design at the Design Office?

It is mandatory to record any partial/ complete transfer in ownership of a design at the Design Office.

If said transfer is not recorded at the Design Office, the Design Office or the Court may not admit the same to be a proof of title to copyright at a later stage.

6. What is the prescribed timeline for submitting an assignment / mortgage / license deed at the Design Office?

An application for recording a transfer of ownership of a design shall be filed within six months from the date of execution of the assignment/mortgage/ license deed. This period is extendable by a maximum of six months.

7. Will the Design Office publish the name of new assignee/ licensee after recording the transfer of ownership of a design?

Yes. The Design Office will publish the name of new assignee/ licensee upon recordal of the assignment/ license, respectively.

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