Registration of new or original designs — the shape, configuration, pattern or ornament applied to an article — under the Designs Act, 2000.
Why protect your designs
If you do not apply for protection, others may benefit from your investment. The object of the Designs Act is to protect new or original designs applied to an article manufactured by industrial process, so that the creator of an aesthetically appealing design is not deprived of the reward for it.
What can be registered
A design must be new or original — originating from the author of the design. New applications of old designs are registrable. Designs that are not new or original, that have been disclosed to the public in India or anywhere else, that are not significantly distinguishable from known designs, or that comprise scandalous or obscene matter, are not registrable.
File first — it matters
The first-to-file rule applies. If two or more applications for an identical or similar design are filed on different dates, only the first application will be considered for registration.
Patent vs. design
A patent covers the function, operation or construction of a new creation; a design covers appearance only and cannot protect function. Where a product deserves both, the timing of the two applications is crucial — publication of one must not destroy the novelty of the other. We sequence them for you.
Penalty for piracy of a registered design
A contravening party is liable to pay a sum not exceeding ₹25,000 per offence to the registered proprietor, subject to a maximum of ₹50,000, recoverable as a contract debt. The registered proprietor may also sue for damages and an injunction against repetition. Such suits must be filed in a court not below the District Judge.
Assignment and cancellation
Design rights can be transferred by assignment, agreement or transmission in writing. Form 10 must be filed by the beneficiary with the Controller within six months of execution (extendable by up to six more months). A registration may be cancelled at any time on a petition in Form 8 — for example, if the design was previously registered or published in India or elsewhere before the date of registration.
Frequently asked questions
What is the Register of Designs?
A statutory document maintained by the Patent Office, Kolkata containing the design number, class number, date of filing, reciprocity date if any, and the name and address of the proprietor.
Can I re-apply if my earlier application was abandoned?
Yes. The Patent Office does not publish abandoned applications, so the same applicant may apply again — provided the design was not published in the meantime.
Does the Patent Office enforce my design right?
No. The Patent Office is not involved in enforcement, exploitation or commercialisation. Enforcement is by suit in a court not lower than the District Court — which we handle through our litigation team.