Design registration in India falls under the Designs Act, 2000 and is managed by the Controller General of Patents, Designs & Trademarks (CGPDTM) under the Ministry of Commerce & Industry. It provides legal protection for the shape, configuration, pattern, ornamentation, or composition of lines or colors applied to an article.
Design registration in India falls under the Designs Act, 2000 and is managed by the Controller General of Patents, Designs & Trademarks (CGPDTM) under the Ministry of Commerce & Industry. It provides legal protection for the shape, configuration, pattern, ornamentation, or composition of lines or colors applied to an article.
Documents Required for Design Registration in India
To register a design under the Designs Act, 2000, you need to submit the following documents to the Indian Patent Office (IPO):
| Category | Document Name | Description |
|---|---|---|
| Basic Documents | Form-1 (Application Form) | Contains applicant details, article description, and design class. |
| Representation Sheet | Clear drawings, sketches, or photographs (front, back, top, bottom, left, right views). | |
| Statement of Novelty | Brief statement describing the unique aspects of the design. | |
| Power of Attorney (Form-21) | Required if filed through an agent or attorney. | |
| Additional Documents (If Applicable) | Priority Document | Required if claiming priority from a foreign application (certified copy). |
| Affidavit & Supporting Documents | Needed if additional proof of originality is required. | |
| Assignment Deed | If the applicant has acquired rights from the original creator. | |
| Start-up/MSME Certificate | For fee reductions if applicable. |
Government Fees for Design Registration in India
The official fees for design registration in India are structured based on the type of applicant. Here’s a breakdown:
| Stage | Individuals | Small Entities (MSME/Startups) | Others (Companies, LLPs, etc.) |
|---|---|---|---|
| Filing Fee (Form-1) | ₹1,000 | ₹2,000 | ₹4,000 |
| Extension of Time (Form-18) | ₹500 | ₹1,000 | ₹2,000 |
| Request for Search | ₹1,000 | ₹2,000 | ₹4,000 |
| Request for Certified Copy | ₹500 | ₹1,000 | ₹2,000 |
| Renewal Fee (After 10 Years, for 5 More Years) | ₹2,000 | ₹4,000 | ₹8,000 |
The Design Registration Process in India
The design registration process in India is governed by the Designs Act, 2000 and managed by the Indian Patent Office (IPO). Below is a step-by-step guide:
| Step | Description |
|---|---|
| 1. Conduct a Design Search (Optional but Recommended) | Check if a similar design is already registered using the IP India database. |
| 2. Prepare the Application (Form-1) | Fill out Form-1 with applicant details, article description, and design classification. |
| 3. Attach Required Documents | Include representation sheets, statement of novelty, and other supporting documents. |
| 4. Pay the Government Fees | Fees vary based on the applicant type (Individuals, MSMEs, or Companies). Payment can be made online or via Demand Draft. |
| 5. Submit the Application | Submit the application online via the IP India website or physically at the Patent Office (Delhi, Mumbai, Chennai, or Kolkata). |
| 6. Examination & Objections (If Any) | The Design Office examines the application for uniqueness and legal compliance. If objections arise, the applicant must respond within 6 months. |
| 7. Registration & Publication | If approved, the design is registered and published in the Official Journal. |
| 8. Certificate Issuance | A registration certificate is issued, granting exclusive rights for 10 years (extendable by 5 more years). |
✔ Validity: 10 years from the date of filing (extendable by 5 more years).
✔ Timeframe: The entire process usually takes 6-12 months, depending on objections.
✔ Protection Scope: Prevents others from using, copying, or selling the design without permission.
Who Can Apply for Design Registration Online in India?
Any individual, business, or legal entity that has created a new and original design can apply for design registration in India. The applicant categories include:
| Applicant Type | Eligibility |
|---|---|
| Individual (Natural Person) | Any person who has created a unique design for an article. |
| Startup / MSME | Registered Startups or Micro, Small & Medium Enterprises (MSME) in India can apply with reduced fees. |
| Companies (Private Ltd., LLP, etc.) | Businesses developing new product designs for commercial use. |
| Firms / Partnerships | Partnership firms creating new designs can apply under their firm’s name. |
| Foreign Applicants | Foreign nationals or companies can apply in India by claiming priority under the Paris Convention (if applied in another country first). |
| Legal Heirs / Assignees | If rights are transferred, the legal heir or assignee of the design can file for registration. |
| Authorized Agents / Attorneys | Patent/design agents or attorneys can file applications on behalf of the actual owner. |
What Types of Works Can Be Registered as a Design in India?
Under the Designs Act, 2000, a "design" refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to an article, whether in 2D or 3D form. The design must be new and original and should enhance the aesthetic appeal of the product.
| Category | Examples |
|---|---|
| Industrial Products | Machinery, tools, vehicle parts, industrial equipment |
| Consumer Goods | Furniture, kitchenware, home appliances, electronic devices |
| Fashion & Apparel | Clothing, footwear, jewelry, handbags, accessories |
| Packaging & Containers | Bottles, boxes, cans, wrappers, food packaging |
| Toys & Games | Action figures, board games, puzzles, soft toys |
| Medical Equipment | Surgical instruments, prosthetic devices, medical packaging |
| Textile & Fabric Patterns | Printed designs on fabrics, embroidery patterns |
| Automobile & Transportation | Car body designs, bike shapes, aircraft interiors |
| Electronic Gadgets | Mobile phone casings, headphones, laptops, smartwatch designs |
| Home Décor | Lamps, vases, wallpapers, decorative items |
