law: Designs Act, 1911  
  2. Definitions 
  In this Act unless there is anything repugnant
  
  in the subject or context :      
  (1) Omitted by Patents Act 1970;
  (2) "article" means any article of
  
  manufacture and any substance, artificial or natural or partly artificial and
  
  partly natural;
  (3) "Controller" means the
  
  Controller General of Patents Designs and Trade Marks appointed under
  
  sub-section (1) of section 4 of the Trade and Merchandise Marks Act 1958; 
  
  
  (4) "copyright" means the exclusive
  
  right to apply a design to any article in any class in which the design is
  
  registered;
  (5) "design" means only the features
  
  of shape configuration patterns or ornament applied to any article 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 trade mark as
  
  defined in clause (v) of sub-section (1) of section 2 of the Trade and
  
  Merchandise Marks Act 1958 or property marks as defined in section 479 of the
  
  Indian Penal Code;  
  (6) [Omitted by Patents Act 1970]
  (7) "High Court" means - 
  (a) in relation to a
  
  State the High Court for that State;   
  (b) in relation to the
  
  Union territory of 
  
   Delhi the High Court of 
  
   Delhi ;         
  
  
  (c) in relation to the
  
  Union territory of Arunachal Pradesh or Mizoram the Gauhati High Court the High
  
  Court of Assam, Nagaland Meghalaya Manipur and
  
  Tripura;        
  (d) in relation to the
  
  Union territory of Andaman and Nicobar Islands the High Court at Calcutta; and
  (e) in relation to the
  
  Union territory of Lakshadweep the High Court of
  
  Kerala       
  (ee) in relation to
  
  the Union Territory of Chandigarh the High Court of Punjab and
  
  Haryana;      
  (f) in relation to the
  
  Union territories of Dadra and Nagar Haveli and Goa Daman and Diu the High
  
  Court at Bombay;       
  (g) in relation to the
  
  Union territory of Pondicherry the High Court at Madras 
  (8) [Omitted by Patents Act
  
  1970]     
  (9) "Legal representative" means a
  
  person who in law represents the estate of a deceased person
  (10) and (11) [Omitted by Patents Act
  
  1970] 
  (12) "patent office" means the
  
  patent office referred to in section 74 of the Patents Act 1970;
  (13) "prescribed" includes prescribed
  
  by rules under this Act; and
  (14) "proprietor of a new or original
  
  design" - 
  (a) where the author
  
  of the design for good consideration, executes the work for some other person
  
  means the person for whom the design is so executed; and
  (b) where any person
  
  acquires the design or the right to apply the design to any article either
  
  exclusively of any other person or otherwise means in the respect and to the
  
  extent in and to which the design or right has been so acquired the person by
  
  whom the design or right is so acquired; and
  (c) in any other case
  
  means the author of the design;  
  and where the property in or the right to
  
  apply the design has devolved from the original proprietor upon any other
  
  person includes that other person.
  Comment:  The fundamental principle of Patent
  
  Law is that a patent is granted only for an invention that must be new and
  
  useful. That is to say, it must have novelty and utility. M/s. Bishwanath
  
  Prasad Radhey Shyam v. M/s. Hindustan Metal Industries. AIR 1982 SUPREME COURT
  
  1444