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An industrial design refers to the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to an article in two-dimensional or three-dimensional form, which appeal to and are judged solely by the eye.
Industrial designs protect the aesthetic appearance of a product, not its functional or technical aspects, under the Designs Act, 2000.
Common examples include designs applied to containers, bottles, furniture, lighting fixtures, packaging, household articles, and decorative products.
For a design to be registrable, it must:
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The design must relate to a specific article and should be capable of industrial application.
An application for design registration may be filed by:
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Applications may also be filed jointly by multiple applicants.
Design applications are filed with the Indian Patent Office, which has offices in New Delhi, Mumbai, Chennai, and Kolkata.
However, the Designs Wing located at Kolkata functions as the central office for design registrations, and applications filed in other offices are transmitted there for processing.
The following designs are not registrable:
Certain items are generally not registrable as industrial designs, including:
A key principle is that the article must exist independently of the design. If removal of the design leaves only blank paper or cloth, such articles are typically not eligible for design protection.
Registration of an industrial design grants the owner exclusive rights over the visual appearance of the article.
The owner can:
Design protection helps businesses preserve product identity and maintain market advantage.
A registered industrial design is valid for 10 years from the date of registration. It may be renewed for an additional period of 5 years, providing a maximum protection term of 15 years under the Designs Act, 2000.
A design application should be filed before the design is disclosed to the public. Public disclosure before filing may result in loss of novelty, making the design ineligible for registration.
The owner of a registered design obtains the exclusive right to apply the design to the article and to prevent others from manufacturing, importing, selling, or offering for sale products bearing the registered design without authorization.
Design registration offers several commercial advantages:
The design application is filed in the prescribed format along with the required representations of the design showing different views of the article.
These representations must clearly depict the distinct visual features of the design. Applications are filed with the Indian Patent Office.
Once filed, the application is automatically taken up for examination by the Design Office. Unlike patents, no separate request for examination is required.
If the examiner identifies any defects or objections, they are communicated to the applicant or their agent.
The applicant must rectify the objections within six months from the filing date. A hearing may be granted if the objections remain unresolved.
Once the application satisfies all requirements, the design is registered and a certificate of registration is issued.
The registered design is then published in the Patent Office Journal.
A registered design remains valid for 10 years and may be renewed for an additional period of 5 years by paying the prescribed renewal fee.
The following government fees are prescribed under the Designs Act, 2000 and the Designs Rules, 2001.
| Applicant Type | Government Fee |
|---|---|
| Individual | ₹1,000 |
| Start-up / Small Entity | ₹2,000 |
| Others (Company, LLP, etc.) | ₹4,000 |
The fee is payable per design and per application.
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