A design registration protects the look of a product — its shape, configuration, pattern or ornamentation — not how it works. Here is how to file one in India.
What a “design” is
Under Section 2(d) of the Designs Act, 2000, a design is the features of shape, configuration, pattern, ornament or composition of lines/colours applied to an article (2D or 3D), by an industrial process, that appeal to and are judged solely by the eye. It excludes trademarks and copyright artistic works, and anything that is purely functional.
Where to apply
Applications can be filed at any of the four Patent Office branches — Delhi, Mumbai, Kolkata, Chennai — but all subsequent action happens in Kolkata.
Types of application
- Ordinary — no priority claim.
- Reciprocity (convention) — filed in India within 6 months of a convention-country filing (non-extendable); priority documents may follow within a short window.
Who may apply
Any person claiming to be the proprietor of a new or original design — the author, an acquirer, developer or successor.
Step by step
1. Search existing registrations. Optional but wise — by registration number (fee ₹500) or by image for an unknown design (fee ₹1,000).
2. Prepare the application. On the design form, with the applicant’s details, the article name, the class, and an Indian address for service (mandatory for foreign applicants — represented by a registered agent or legal practitioner). Filing fee indicatively ₹1,000 (lower for individuals/start-ups/MSMEs).
3. Classify under Locarno. India uses the Locarno classification (31 main classes, plus Class 99 for anything outside them). Separate applications are needed for a design across multiple classes.
4. Represent the design. Submit exact representations — drawings, photographs, tracings or computer graphics — showing multiple views (top, bottom, left, right, perspective).
5. State the novelty. The statement of novelty is critical — it declares what is new (e.g. “the novelty resides in the shape/pattern marked ‘A’…”), with disclaimers where the design contains trademarks, words, numerals, or mechanical features.
6. Add supporting documents — power of attorney and priority documents where applicable.
Examination and grant
- The application gets a date and number; formal defects are returned for correction.
- Examination (within ~2 months) checks formalities and novelty against existing registrations.
- No objections → registration. Objections require a response within 6 months of filing, or the application is deemed abandoned.
- Contested objections go to a hearing; an unsatisfied applicant may appeal to the High Court.
- On success, the design is registered and published in the Patent Office Journal, and a certificate issues.
Term and timeline
- Validity: 10 years from registration, renewable once for 5 more (max 15 years) — see our note on design renewal.
- Timeline: roughly 8–12 months; about 90% of objections are formality-based, not substantive.
Frequently asked questions
What can be protected as a design in India? The visual features — shape, configuration, pattern, ornament, colours — of an article, judged by the eye. Functional features and trademarks/artistic works are excluded.
Where do I file a design application? At any of the four Patent Office branches; all further action is handled in Kolkata.
Why is the statement of novelty important? It defines exactly what is new about the design — the scope of your protection turns on it — with disclaimers for any words, numerals or functional elements.
How long does a design registration last? Ten years from registration, renewable once for five more — fifteen years maximum.
Useful official resources
- The Designs Act, 2000
- IP India — Designs