Design Registration in India | Industrial Product Design

Registration and Protection of Industrial Product Design in India

  • Valid for 10 years, Extendable further 5 years.
  • Application filing in 2 days, Registration takes approx 3-6 months by Authority
  • Our Pricing starts @ Rs 6,999/-

Our Pricing starts @ Rs 25,000 + GST

Industrial Design Registration at a glance

The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.

A Design refers to the features of shape, configuration,pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye. Design does not include any mode or principle of construction or anything which is a mere mechanical device. It also does not include any trade mark or any artistic work.

Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.

Benefits of Industrial Design Registration?

Exclusive Right on the Design

By Registering the Design with Authority, applicant Obtain exclusive rights to a product with a particular appearance which may result in a substantial return on the investment because it will allow you to prevent others from reproducing a popular design.

Valuable Business Asset

An industrial design registration may be a valuable business asset. The success of a product is usually influenced by its appearance; in an aesthetic-driven consumer base, the looks of a product also plays an important part to attract consumers towards the product to buy.

Right to claim damage

If your industrial design is infringed upon, you may bring your case to court and be awarded damages for the lost sales you have incurred as a result of the infringement of your design registration. This allows you to focus on establishing products on the basis of superior industrial design without worrying about knock-offs from competitors who can produce items cheaper or who can scale their manufacturing quicker.

License or sell

Owner can license or sell his design as legal property for a consideration or royalty.

List of Classes for Industrial Design Registration in India

  • Class 1:- Foodstuffs.
  • Class 2:- Articles of clothing and haberdashery.
  • Class 3:- Travel goods. cases. parasols and personal belongings, not elsewhere specified.
  • Class 4:- Brush ware.
  • Class 5:- Textile p1ece goods, artificial and natural sheet material.
  • Class 6:- Furnishing
  • Class 7:- Household goods, not elsewhere specified.
  • Class 8:- Tools & hardware.
  • Class 9:- Packages and containers for the transport or handling of goods.
  • Class 10:- Clocks and watches and other measuring instruments, checking and signalling instruments.
  • Class 11:- Articles of adornment.
  • Class 12:- Means of transport or hoisting.
  • Class 13:- Equipment for production, distribution or transformation of electricity.
  • Class 14:- Recording, communication or information retrieval equipment.
  • Class 15:- Machines, not elsewhere specified.
  • Class 16:- Photographic cinematographic and optical apparatus.
  • Class 17:- Musical instruments.
  • Class 18:- Printing and office machinery.
  • Class 19:- Stationery and office equipment, artists' and teaching materials.
  • Class 20:- Sales and advertising equipment.
  • Class 21:- Games, toys, tents and sports goods.
  • Class 22:- Arms, pyrotechnic articles, articles for hunting, fishing and pest killing.
  • Class 23:- Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment, solid fuel.
  • Class 24:- Medical and laboratory equipment.
  • Class 25:- Building units and construction elements.
  • Class 26:- Lighting apparatus.
  • Class 27:- Tobacco and smokers' suppliers.
  • Class 28:- Pharmaceutical and cosmetic products, toilet and apparatus.
  • Class 29:- Devices and equipment against fire hazards for accident prevention and for rescue.
  • Class 30:- Articles for the care and handling of animals.
  • Class 31:- Machines and appliances for preparing food or drink not elsewhere specified
  • Class 99:- Miscellaneous

Essential requirements for Industrial Design Registration

  • The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.
  • The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. The design should be applied or applicable to any article by any industrial process.
  • The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant.
  • Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be a registrable design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act.
  • The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.

Industrial Design Registration Process in India

Disclosure of Invention to Professional
This is first step to start processing your design registration. Need to hire a Professional for this purpose to avoid any mistake in application process. Here need to disclose the Design to professional.
Design Inspection
A Design Search or Inspection generally conducted by Applicant to find out whether any similar registration already exists. Application for Inspection is filed with Registrar by paying Govt. Fees. THIS IS OPTIONAL FOR APPLICANT. Hire a Professional for this service is recommended.
Drafting Application
Registration process starts here. Drafting of Application in prescribed form is a specialised job. With the help of Consultant get prepared application, Representation of Design, Statement Novelty and Disclaimer and Power of attorney.
Application Filing
Once your application drafting is completed and checked properly, next step is to file the design application in prescribed manner. That is in the appropriate forms along with Govt. fees. Govt. Fees varies based of type of applicant.
Post Application Process
If there are no objections, the design will be registered. In case of OBJECTION RAISED:- then the applicant is required to comply within 6 months from the date of filing of the application. Abandonment :- If the applicant fails to respond to the objections or does not comply with the objections raised within the time limit, then the design shall be deemed to have been abandoned. Hearing: - In case the applicant contests the objections, and the Controller is not yet satisfied, then a Personal Hearing is called within 1-2 months, based on that result is determined. The applicant can appeal to the High Court if not satisfied by the outcome of the hearing.
Once the applicant fulfills all the formalities and requirements, design is published in the Official Journal, which is published every Friday. The design is then entered in the Register and a certificate of registration is issued to the applicant. With Objection, Entire Process Typically takes 8-12 months. Without Objection, normally takes 3-6 months.

Our Package Inclusion in Industrial Design Registration Service?


Our Professional give on call consultation to client first to make him clear about the process of registration with Authority and documents requirement and pricing.

Design Inspection

Our professional first searches the similar design registration if already exist. This is also termed as Novelty Search and this search would cost extra for applicant towards Govt. Fees and professional Fees. But it saves Time, Application Filing fees and all Legal Proceedings expenses, which applicant incurred if apply for his Design similar to Other and lateron rejected by controller. THIS IS OPTIONAL FOR APPLICANT. Hire a Professional for this service is recommended.

Drafting Application

Professional prepare your application and co-ordinate with you for all relevant documents, representation of design, Statement of novelty and disclaimer, etc.

Filing of Application

Once your application drafting is completed and checked properly, Our Professional file your application along with payment of Govt. fees.

Status Update

We Track the application status and update Client time to time.

Registration Certificate

Once authority accepts the Application and all formalities completed by authority and applicant, Registration Certificate Issued.

What is not Eligible for Industrial Design Registration in India

Designs that are primarily literary or artistic character are not protected under the Designs Act. These will include :

  • books, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
  • labels, tokens, cards, cartoons.
  • any principle or mode of construction of an article.
  • mere mechanical contrivance.
  • buildings and structures.
  • parts of articles not manufactured and sold separately.
  • variations commonly used in the trade.
  • mere workshop alterations of components of an assembly.
  • mere change in size of article.
  • flags, emblems or signs of any country.
  • layout designs of integrated circuits.

How to Prepare 'Representation Sheet of the Design'

A representation sheet of an article is an important document required to be filed alongwith the application for registration.

  • The representation sheet of an article needs to be prepared diligently and shall be filed along with the application. The Designs Rules require that four copies of the representation shall be filed along with the application. However, as the records are digitised and processed electronically, two copies of the representation will suffice.
  • Representation means the exact representation of the article for which registration is sought. A representation may contain more than one page.
  • Representation shall be exactly similar drawings, photographs, and tracings including computer graphics or specimens of the design. The Controller may require a specimen of the article to be submitted at the time of examination, in rare cases.
  • Photographs should be pasted on the representation sheets with the help of adhesive and not by other means like stapler, pin and cello tape. While using photographs in representation sheets, one of the copies of representation sheet shall not be covered by cellophane or tracing paper so as to enable digitisation.
  • Representation shall be prepared on white A4 size paper (210 mm X 296.9 mm) of durable quality, but not on card board, and only on one side of the paper.
  • The figure(s) shall be placed in an upright position on the sheet. Each figure shall be designated clearly (e.g. perspective view, front view, side view). If design is to be applied to a set, the representation shall depict various arrangements in which the design is to be applied to articles in the set.
  • Where an application is for a design as applied to a set, whether the given articles constitute a set or not, shall be determined by the Controller.
  • In case, name or representation of living persons appear on a design, consent of such persons may be submitted along with the application. In case of a deceased person, the consent of legal representative may be submitted. It may be noted that non submission of such consent may result in office objections and resultant delay in registration. In case, the representation contains the image or name of an imaginary person, such fact may be mentioned in the declaration on the representation sheet.
  • A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet.
  • Representation, which consists of a repeating surface pattern, shall show the complete pattern, and a sufficient portion of the repeating pattern in length and width, and shall not be less than 15.00 centimeters by 10.00 centimeters in size.
  • The name of applicant shall be mentioned in left hand top corner of the representation sheet.
  • Total number of sheets and sheet number shall be mentioned in the right hand top corner of the representation sheet in Arabic numerals. .
  • The representation sheet shall be signed and dated by the applicant/agent.
  • No descriptive matter or matter denoting the components by reference letters/numerals shall be included.
  • No sectional views shall be incorporated in the representation sheet.
  • Dimensions or engineering symbols etc. shall not be used in the representation sheet. The representation is not to be regarded as engineering drawing of the article. The relevant parameter is the shape and not the size of the article.
  • Where Trade Marks, words, letters or numerals are not the essence of the design, they shall be removed from the representations or specimens. Where they are essence of the design, a disclaimer shall be given in the representation sheet disclaiming any right to their exclusive use.
  • No extraneous matter or background shall appear in the representation sheet. A background is considered neutral as long as the design is clearly visible in it.
  • When colour combination is the essence of a design as applied to an article, the same shall be clearly depicted in the representation.

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It is important your Application is filed correctly and properly as per legal requirement. Our Experts are well experienced in this line to get your work done smoothly.

Yes. We do serve our clients PAN India from our Branch Offices and Associate Patent Professionals in Major Cities.

Provisional Patent Application filing takes 7-10 days Complete Patent Application Filing Takes 12-15 days

No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.

An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

An invention is patentable subject matter if it meets the following criteria - i) It should be novel. ii) It should have inventive step or it must be non-obvious iii) It should be capable of Industrial application. iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970.

An application for a patent can be filed at the earliest possible date and should not be delayed. An application filed with provisional specification, disclosing the essence of the nature of the invention helps to register the priority of the invention. Delay in filing an application may entail some risks such as: (i) some other inventor might file a patent application on the said invention and (ii) there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.

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