As per the Design Act, 2000, a design refers to features of shape, pattern, or configuration that include lines, colours, or both in two or three dimensions. Section 2D also covers designs that are mechanical, manual, chemical, separate, or combined, and judged purely by the eye.

A registered design is treated as intellectual property, and registration is essential to protect its aesthetic value from being copied. The current Act, which replaced the 1911 law, makes design registration mandatory to safeguard the uniqueness and originality of a creation from competitors.

Procedure for Design Registration in India

• Conduct a Design Search: We check existing designs to confirm your design is new and original, avoiding infringement risks.
• Prepare & File Application: We handle the filing process, including required documents like design drawings or photos.
• Examination: The Indian Design Office reviews the application to ensure compliance with requirements.
• Publication: If approved, the design is published in the official gazette, allowing public objections.
• Grant of Registration: If no objections arise or they are resolved, the registration is granted with a 10-year validity certificate.
• Renewal: After 10 years, the registration can be renewed for 5 more years. We assist with timely renewal.

Note: The entire process can take several months, so patience and proper coordination are key.

Documents Required for Design Registration

• Affidavits as required
• Certified copy of the original document
• Copies of disclaimer excerpts (if any)
• Any additional documents, if applicable
• Documents in the prescribed format with a statement of truth
• Fee details as per the Fourth Schedule controlled by the Controller
• Signed Power of Attorney from the owner/partners/directors
• Form 21 (if filed through agents or advocates)
• Four copies of the design along with an image
• A Fact Sheet detailing priority usage and design specifics

What is Excluded From the Scope of a Design Registration?

Design registration does not protect literary or artistic works like books, calendars, stamps, tokens, buildings, structures, or maps, as these are covered under copyright. Also, designs similar to national flags, emblems, or official signs of any country cannot be registered.

What is the Validity of Design Registration?

A design registration is valid for 10 years and can be renewed for an additional 5 years by paying the renewal fee. If not renewed on time, it will expire but can be restored by filing Form 4 within one year of expiry and paying the required fees upon approval.

Eligibility Requirements for Design Registration

• Any individual, legal representative, or assignee can submit a single or multiple applications for design registration.
• The term ‘person’ includes partnership firms, small entities, and corporate bodies.
• Non-Resident Indians (NRIs) must apply through a representative or agent.

Important Points While Filing a Design Registration Application

• To ensure quick processing, the application form must be accurately completed, and the representation should be clear. Many forms face rejection due to improper filing.
• Formal objections often cause delays, as agents or attorneys request extensions, adding 4–5 months to the process. Hence, all documents must be carefully prepared in advance.
• The Designs Wing of the Patent Office processes properly filed applications within a month, excluding registration formalities.

Advantages of Online Design Registration in India

• Legal Protection Against Copying: Protects your design from being copied, made, sold, or distributed by others.
• Long Validity Period: Registration is valid for 10 years, extendable by another 5 years.
• Unique Market Advantage: Gives your product a distinct identity and differentiates it from competitors.
• Ensures Originality: Registered designs must be new and unpublished in India or any WTO member country.
• Customer Appeal: Designs are judged visually, helping you understand and attract public attention.
• Boosts Innovation: Encourages the creation of unique, original designs, driving healthy competition.

How to Check Design Registration Status?

Applicants, agents, or any concerned person can check the design registration status online at ipindiaservices.gov.in.

Simply search for "Design Application Status," enter the application number, and view the result.

When Can a Registered Design Be Cancelled?

As per Section 10 of the Design Act, 2000, a design registration can be cancelled if:

• The design is not new or original.
• The design has been previously registered in India.
• The design was published in another country before the registration date.
• The design does not meet the criteria outlined in the Design Act.

Law Regulating Design Registration

The Designs Act of 2000 governs the registration and protection of industrial designs in India. This Act replaced the earlier Act of 1911 and came into force on 11 May 2001.

The Design Rules of 2001 were later updated through the Designs (Amendment) Rules of 2008 and 2014.

Types of Design Registration Applications

• Ordinary Application: A standard application that does not claim any priority.
• Reciprocity Application: Claims priority from an earlier application filed in a convention country.
  • Must be filed in India within 6 months of the original filing date abroad.
  • Note: This 6-month period cannot be extended.

Why Sperso Filings?

Our experts simplify the complex design registration process, making it hassle-free and fully online. You can register your design in just 2 months by following these simple steps:

• We prepare and file your design registration application with minimal effort from your side. A power of attorney will be required for us to apply on your behalf.
• After filing, you will receive a design number to track your application.
• The application is submitted to the Patent Office’s design wing.
• Examination is usually completed within 6 months, during which regular status checks are essential.