Law Republic

Designs can be registered in India under the Designs Act, 2000. The design patent registration procedure, requirements, and fees are outlined below.

What is an industrial design?

An industrial design (or popularly known as a design patent) is the ornamental or aesthetic aspect of an article. Simply put, it is how an article appears.

An industrial design can be three-dimensional, such as the shape of a chair, or two-dimensional, like a pattern on a plate. Industrial designs, or design patents, are employed to enhance a product's appeal and differentiate it from similar items.

An industrial design is a design for a product that does not concern its material or how it's constructed. It concentrates on the aesthetic and functional aspects of the object. The objective of industrial design is to synergize form and function, creating a product that distinguishes itself from competitors, appeals visually, and effectively fulfills its purpose.

Industrial designs / design patents can be registered with the Indian Intellectual Property Office, providing industrial design owners exclusive rights over their distinctive designs. This protection endures for a maximum of 15 years (10 years by default with a single 5-year addon renewal) and offers design owners more avenues to profit from their design assets.

Industrial designs can also be protected globally. To achieve this, the design needs to be filed in each country of interest within 6 months of your inaugural filing in India. In many other countries, they are more frequently referred to as design patents.

What is the scope of a design patent?

A design patent covers the visual ornamental characteristics of an object, not its functional aspects. It protects the appearance of the product, including shape, surface, and configuration. If someone creates a product that looks substantially similar to the patented design, they may be infringing on the design patent, even if the product's function is different.

What are the benefits of registering an industrial design in India?

Registering your industrial design or design patent in India offers several advantages:

• Protection from infringement: By registering your design, you can deter others from using it without your consent. A registered design is valid for a maximum of 15 years (10 plus 5 years with renewal) in India.
• Commercial value: A registered design can be licensed or sold, generating revenue.
• Increased marketability: A registered design enhances your product's attractiveness to prospective customers and partners.
• Enhanced reputation: A registered design signifies your commitment to innovation and quality.

Additionally, design patent registration can aid you in enforcing your rights if someone infringes upon your design. Without registration, you may encounter challenges in demonstrating that you are the legitimate owner of the design.

What are the disadvantages of design patents?

• Limited Protection: Only protects the appearance of a product, not its functional or structural features.
• Easy to Circumvent: Minor changes in design can avoid infringement, making it easier for others to create similar products that don't infringe on the patent.
• Shorter Term: Design patents typically have a shorter term than utility patents, 10 years by default and 15 years with extension.

What are the requirements for design patent registration / industrial design registration in India?

To register an industrial design in India, you will need to submit an industrial design registration application with the Indian Designs Registry of the Indian Intellectual Property Office. The application should contain:

• A description of the design
• Drawings or photographs of the design
• The applicant's name, address, and nationality
• Statement of novelty in the design
• Include a disclaimer for representations involving mechanical processes, trademarks, numbers, and letters.

What is the procedure for design patent registration in India?

The following is the process for design patent registration / industrial design registration in India:

1. Filing - The applicant should file an application for design patent registration in the prescribed manner accompanied by the prescribed fee. Our industrial design registration experts will prepare the necessary documentation and submit it to the Indian design office.
2. Examination - Upon receiving the design application, the design registrar will assess the industrial design registration application.
3. Registration - If the Registrar is satisfied that the design patent is new and original, he shall register the design patent and shall assign a registration number to it.
4. Publication - The design patent registration will be published in the official design journal.
5. Renewal - The design patent registration shall be valid for a period of ten years from the date of filing of the industrial design registration application. The registered proprietor of the design patent shall be entitled to renew the registration for an additional five years on payment of the prescribed fee, effectively extending the design patent registration for a total of 15 years.

What are the fees for design patent registration / industrial design registration in India?

The fees for design patent registration / industrial design registration in India are:

The government fee in India for filing an industrial design is ₹1,000 for individuals, startups, and MSME; and ₹4,000 for other entity types.

The professional fee for filing an industrial design registration application starts at ₹5,999. Additional fees might be applicable for industrial design registration if an examination report is issued or a design hearing is needed.

Typically, the total fee for industrial design registration in India starts at 6,999.

Is a design patent cheaper than a utility patent?

Generally, design patents are cheaper than utility patents. Design patents protect only the appearance of an item, not its functional features, which often results in a less complex and thus less expensive application process. Utility patents involve more in-depth claims and examinations, leading to higher costs.

Typically, the cost to file a design patent in India through Law Republic is around 7,000; whereas the cost for a typical utility patent process would be around 50,000 to 65,000. Hence, utility patents are 7-9 times the cost of a design patent / industrial design in India.

What is the cheapest way to patent a design?

The cheapest way to patent a design is to do it yourself (DIY), avoiding attorney fees. Since the government fees is only 1,000; doing it yourself would be quite cheap. Furthermore, there could be some government schemes available to certain individuals and businesses where even the government fee might be reimbursed.

How long does it take to register a design patent in India?

The timeline to get a design patent registered in India is typically between 2 to 12 months.

How many years is industrial design valid for in India?

In India, an industrial design registration is valid for 10 years from the date of registration, with a possibility of extension for an additional 5 years upon request before the expiry of the initial ten-year term.

What is the difference between design patents and industrial designs?

Design patents and Industrial designs are fundamentally the same. In countries like the USA, the patent law covers both utility patents and design patents; whereas, in India, we have separate laws for patents and designs.

So, in India, when you are looking to register a design patent, it will essentially be filed as an Industrial design application. Essentially, your industrial design registration application is a design patent registration application, just under the corresponding Industrial design law in India.

Examples of Design patents / Industrial designs

The following image exhibits different views of a product filed for design patent with WIPO. The Indian design office also requires the applicant to present the product from different views like front view, back view, top view, bottom view, side view, perspective view, etc.

Conclusion

To register an industrial design / design patent in India, the applicant must submit an application to the office of the Controller General of Patents, Designs, and Trademarks. The application should contain a representation of the design, and a statement of novelty and distinctiveness. The design must be novel and not have been published or used in India before the filing date. The official fees for filing an industrial design registration application are ₹ 1,000 for small entities and ₹ 4,000 for large entities. It takes on average 3-12 months from the filing date until the final decision of registration.

To register your industrial design / design patent, please select the filing option or submit your request for a callback, and our expert will get in touch with you.