Section 7: Application for registration:

7. Application for registration:___ (1) An application for the registration of a layout design shall be in writing and shall be filed with the Patent Office. A separate application shall be filed for each layout-design. (2) An application for the registration of a layout-design may either be filed only if a layout- design has not been commercially exploited or has been commercially exploited for not more than two years. (3) An application submitted under sub-section (1) shall— (i) contain a request for registration of the layout-design in the Register of Layout-Designs and a brief an precise designation thereof; (ii) indicate the name, address, nationality and, if different from the address, the habitual residence of the applicant; (iii) be accompanied by— (a) the power of attorney, appointing the representative of the applicant, if any; (b) a copy or drawing of the layout-design and a sample of the integrated circuit alongwith information defining the electronic function which the integrated circuit is intended to perform, however, the applicant may omit such parts of the copy or drawing related to the manner of manufacture of the integrated circuit, provided that the parts submitted are sufficient to allow the identification of the layout-design; and (c) payment of the prescribed fee to the Patent Office; (iv) specify the date of first commercial exploitation of the layout-design somewhere in the world; and (v) provide particulars establishing the right to layout-design protection under section 4. (4) Where the application does not duly comply with the requirements of sub-section (3), the Controller shall inform the applicant about the defects and ask him to make necessary corrections within the prescribed time-limit. (5) The Controller shall accord as the filing date to be the date of receipt of the complete application in accordance with the requirements of sub-section (3). (6) The Controller shall confirm the filing date and communicate it to the applicant. (7) If the defects are not corrected within the time-limit referred to in sub-section (4), the application shall be deemed not to have been filed.

Effective date: 2000-01-01

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