Industrial design protection

Category: Trademark & IP. From ₹5,999. Typical timeline: 6–12 months.

Overview

Design registration protects the visual appearance of an article — its shape, configuration, pattern or ornamentation — for up to 15 years, giving businesses exclusive rights over how a product looks even when the underlying function is not novel. It is the right tool for protecting product aesthetics such as furniture shapes, packaging forms, consumer goods casings or ornamental patterns, distinct from patents (which protect function) or trademarks (which protect brand identifiers).

Who needs it

• Product manufacturers wanting to protect a distinctive product shape or form
• Consumer goods and packaging companies protecting ornamental patterns or container designs
• Furniture, lighting and homeware brands protecting unique visual designs
• Companies launching a new product line where the look is a key differentiator

Eligibility

• The design must be new or original and not previously published or used in India or elsewhere
• Must be applied to an article by an industrial process and judged solely by the eye (not dictated purely by function)
• Must not be contrary to public order or morality

Documents required

• Representation sheets showing the design from multiple views
• Statement of novelty describing what is new about the design
• Details of the article and class under the Locarno Classification
• Priority document, if claiming priority from a foreign application
• Power of attorney, if filed through an agent

Process

1. Novelty check — Assess whether the design is new and has not been published or used previously anywhere.
2. Application preparation — Prepare representation sheets and the statement of novelty for the specific article class.
3. Filing — File the design application with the Patent Office (Design Wing) under the appropriate class.
4. Examination — The examiner reviews for novelty and compliance; objections, if any, are addressed through a response.
5. Registration — On acceptance, the design is registered and a certificate is issued.

Government fees

• Design application fee (natural person/startup/small entity, per class): ₹1,000
• Design application fee (large entity, per class): ₹4,000

Professional fee

Our fee starts at ₹5,999, covering novelty assessment, representation sheet preparation, filing and prosecution.

Timeline

Registration typically takes 6–12 months from filing to certificate, depending on whether objections are raised during examination.

Deliverables

• Filed design application with application number
• Design registration certificate
• Entry in the Design Register

Frequently asked questions

How long does design registration protection last?

Initial protection is for 10 years from the date of registration, extendable by a further 5 years on payment of the extension fee, for a maximum of 15 years.

Can I register a design if I have already sold the product?

No, prior publication or use of the design anywhere, including sale of the product, before filing can defeat novelty, so filing should ideally happen before public launch.

Does design registration protect the product's function?

No, design registration protects only the visual appearance, not the functional or technical aspects, which would instead need patent protection.

Common mistakes

• Launching or publicising the product before filing the design application, destroying novelty
• Filing under the wrong Locarno class for the article
• Submitting unclear or inconsistent representation sheets across views
• Confusing design protection with patent protection for functional features

Penalties for non-compliance

• Prior disclosure before filing can permanently bar registration for that design
• Failure to pay the extension fee before the initial 10-year term ends causes the design right to lapse (subject to a limited restoration window)
• Unregistered designs have much weaker legal protection against copying

Legal references

• Designs Act, 2000 — Section 2(d) defines "design" and Section 4 lists grounds for refusal
• Designs Act, 2000 — Section 11 governs duration and extension of registration
• Designs Rules, 2001 — prescribes filing procedure, classes and fees