Correcting errors after filing a design application in India

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There is a provision in Indian laws that allows applicants to rectify the clerical errors in the filing documents.

Introduction

Since Design applications take a substantial amount of time to receive their final registration from the Controller at the Design Office, the Design Act 2000, provides for applicants to be able to amend clerical errors in the primary applications. However, this amendment only allows for clerical corrections that generally occur when making copies or drafting the documents submitted along with the Design application. This is permitted under section 29 of the Design Act and is accomplished through Form 14. 

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CORRECTING CLERICAL ERRORS IN DESIGN APPLICATION

CORRECTING DESIGN APPLICATION PATENT DESIGN ATTORNEY RAHUL DEV

Power of Controller to Correct Clerical Errors

The Design Act gives an applicant the right to amend their clerical errors in their initial Design application so that they do not have to file the same again to remove this error.

 

When a request is made under Form 14, urging the Controller to correct any clerical error in the representation of the design with the required fee, the Controller must approve of this change. Once approved, this modification is entered into the register for Designs.

 

Information required in Form 14

Since the request made under section 29 seeks to amend a clerical error in the Design application, the Form is restricted to only these facts. The claimant is required to provide their full name, address, and nationality along with the clerical error for which the correction is sought.

 

Further, the Form also must specify the document that had the clerical error and the same must be annexed to Form 14. Lastly, the Form must be dated and signed by the applicant or their authorized agent.

 

Correction Fee

To proceed with an application for correcting a clerical error in a Design application under section 29 through Form 14, the applicant or its representative must pay the prescribed fee depending on their nature. Where the applicant is a natural person the fee payable is INR 500.

 

However, where the applicant is other than a natural person the fee payable for a small entity is INR 1000 and for others except small entity is INR 2000.

 

Conclusion

The purpose of Form 14 is to provide the applicant enough room to amend clerical errors in their Design application.

 

This helps frivolous applications that have already been applied for, as in its absence the only alternative left for the applicant is to re-apply for the Design and withdraw the previous application. 

 

This practice is followed by every Act that governs Intellectual Property including the Trademark Act.

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Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

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