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Industrial designs in India.

Industrial design registration and protection under the Designs Act, 2000 and via the Hague System for international filings.

India Design Services

Comprehensive Guide to Design Registration in India

Everything you need to know about registering and protecting industrial designs in India under the Designs Act, 2000.

What is a Design?

Under the Designs Act, 2000, "design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, which in the finished article appeal to and are judged solely by the eye.

What is NOT Included in Design
  • Any mode or principle of construction
  • Anything which is in substance a mere mechanical device
  • Any trademark, property mark and copyright as defined under Indian laws
Registrable Designs
Requirement for Registration

Only those designs that are new or original are subject matter of registration in India.

Non-registrable Designs
  • Designs disclosed to the public anywhere in India or any other country prior to the filing date
  • Designs where more than 50 copies have been commercially manufactured
  • Designs not significantly distinguishable from known designs or combinations thereof
  • Designs comprising scandalous or obscene matter
Design Filing Requirements in India
01
Applicant Details
02
Locarno Classification
03
Title of Design
04
Visual Representations
05
Statement of Novelty
06
Originality Views
07
Power of Authority
08
Entity Status
Conventional Design Applications

Conventional design applications must be filed within 6 months from the date of first filing in the convention country. An extension of up to 3 months is available on payment of monthly extension fee.

Design Prosecution Process
1
Filing & Receipt
Filing of application and issuance of receipt with application number.
2
Examination Report
Issuance of examination report with objections, if any, ordinarily within 1–4 months of filing.
3
Response to Examination
Response within 6 months from date of filing. Extendable by 3 months on payment of additional fees.
4
Hearing (if any)
Hearing before the Design Controller if required.
5
Acceptance & Registration
Acceptance of application and issuance of registration certificate.
Examination Report
1–4
months from filing
Response Time
6
months from filing
Extension Available
3
additional months
Term of Design Registration
Initial Registration
10
Years from date of registration
After Renewal
15
Years total protection
Renewal

Design registration is renewable for a further period of 5 years upon payment of the prescribed renewal fee before the expiry of the initial 10-year term.

Design Offices in India

Design applications in India are filed with the Patent Office which administers the Designs Act, 2000. The Head Office for design applications is in Kolkata.

OfficeLocationJurisdiction
Head OfficeKolkataEast India — primary office for design applications
Branch OfficeDelhiNorthern India
Branch OfficeChennaiSouthern India
Branch OfficeMumbaiWestern India

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