Filing Fees The standard filing fee for individuals and natural persons is ₹1,000. Small entities and startups are required to pay ₹2,000 as the filing fee. Legal entities other than small entities must pay ₹4,000. Fees are payable at the time of submitting Form-1 for...
Extension Possibility Yes, the term of a registered design in India can be extended. The extension is allowed once after the initial registration period. The total term including extension can be up to fifteen years. The extension is granted for a fixed period of five...
Initial Validity Period A registered design is initially valid for ten years from the date of registration. The protection period starts from the date of filing the application. The certificate of registration confirms the date and duration of protection. This initial...
Novelty and Originality The design must be new and not previously published anywhere. It should not be a mere rearrangement of known designs. The originality must arise from the author’s own creativity. It should not resemble any existing design or combination...
Legal Definition A registrable design in India is defined under Section 2(d) of the Designs Act, 2000. It refers to features of shape, configuration, pattern, ornament, or composition of lines or colors. These features must be applied to any article by an industrial...
Basic Legal Principle A design must focus on aesthetic or visual features to qualify for registration. Functional elements are not protected under the Designs Act, 2000. The law protects only those features that appeal to the eye. A design must not be dictated solely...
General Applicability Design registration is applicable across a wide range of industries. It protects the visual features of products used in commercial activities. Any industry that produces physical articles can seek design protection. The design must be capable of...
Primary Legislation Design registration in India is governed by the Designs Act, 2000. The Act came into force on 11th May 2001. It repealed and replaced the earlier Designs Act, 1911. The law aims to protect the aesthetic aspects of industrial products. It aligns...
Governing Authority Design rights in India are granted by the Controller General of Patents, Designs and Trade Marks. The office operates under the Department for Promotion of Industry and Internal Trade. It is part of the Ministry of Commerce and Industry, Government...
Filing the Application The application must be filed using Form-1 under the Designs Rules, 2001. Applicants can be individuals, companies, start-ups, or legal entities. The application must include a representation of the design from multiple views. A statement of...