Industrial Design

It consists of only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two or three dimensional / or in both forms, by any industrial process or any means, whether manual or mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but that does not include any mode or principle of construction or anything which is in substance a mere mechanical device.

Essentials for registration of the designs under the Designs Act, 2000:

  • The design should be new / novel / original, not previously published or used in any country before the date of application for registration.
  • The design should relate to the features of shape, configuration, pattern or the ornamentation applied or applicable to an article.
  • The design should be applied / or be applicable to any article by any industrial process.
  • The features of the design in the finished article should appeal to & are judged solely by the eye.
  • The design should not include any trade mark or even property mark or artistic works.
  • The Design should be significantly distinguishable from that of a known design or a combination of known designs

Filing Requirements
An application for Design Registration needs to be filed with the Controller of Designs, The Patent Office at Kolkata (West Bengal). However, the application can also be filed at any of the four branch office of The Patent Office at New Delhi, Mumbai, Chennai or Ahmedabad and the application received at the Branch Offices is transmitted to the Head Office for processing

For filing of applications for registration of design in India, the following procedure needs to be followed:

  • Application duly filled in on Form 1 along with the prescribed fees, stating name & full address, nationality of the applicant {If the Applicant is not a natural person, the legal status and the place of incorporation}.
  • Name of the article to which the design is to be applied.
  • Class & Sub Class of the article embodying the design is applied under the Locarno Classification
  • Representations illustrating the views of the article wherein the originality lies. The representations can be in the form of photographs / drawing figures showing the perspective, front, rear, top, bottom and side views of the article (2 copies of each view). If the design is to be registered in more than one (1) class, a separate application shall be filed for each classes.
  • A statement of novelty & disclaimer (if any) in respect of mechanical actions, trademark, word, letter(s), numerals should be endorsed on each representation sheet & should be duly signed and dated.
  • When any color combination is the essence of a design as applied to an article, the same shall be clearly depicted in the representation. After examination of the application by Designs Office at Kolkata, objections if any, are raised thereto. On removal of objections, the certificate granting copyright in registered design is issued by the Designs Office. The duration of the registration of a design is initially ten (10) years from the date of registration but in uses where claim to priority has been allowed, the duration is ten years from the priority date. Initial period of the registration may be extended by further period of 5 years on the application made in Form-3 accompanied by a required fee of Rs. 2,000 /- to the controller before the expiry of the said initial period of copyright.

We provide following services in design search, registration, infringement and litigation

  • Filing / prosecuting applications for registration of Designs
  • Searches locally and internationally
  • Infringement and validity opinions
  • Litigation: Cancellation proceedings, appeals, civil suits in case of infringement
  • Journal watch services
  • Post Registration Services
  • Renewals
  • Assignment and Licensing
  • Portfolio Management​