What Are the Steps to Register a Design Patent for a Product in India?

In a marketplace life with competition and awareness of designs, aesthetics are no longer a secondary aspect of a product; rather they are part of consumer preferences, brand loyalty, commercial success, etc. The aesthetic features of a product, from the curved edges of a Smartphone to the unusual shape of a perfume bottle, are what give it an identity. Indian law provides a means to safeguard and protect these aesthetic features by way of design registration through the Designs Act 2000.

The term "design patent" is often used informally to refer to a registered design, however, unlike the USA, India does not grant patents for design aesthetics. The rights associated with design registration give exclusivity for the visual appearance of the product, as distinct from the functional aspects. This article provides an overview of the process of design registration, requirements, enforcement, and commercial advantages of registering a design in India.

o Legal Framework and Scope Help ­-

The registration of design is regulated by the Designs Act, 2000 and the Designs Rules, 2001 (as amended). The registration of design is run through the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) set up by the Ministry of Commerce and Industry.

· Section 2 (d) of the Act gives the following definition:

“Design” refers solely to aspects such as the shape, arrangement, decorative elements, patterns, or how lines and colors are used and applied.

o Eligibility criteria for Registration

A design must be confirmed as:

· New or original

· Not shared or made accessible to the public in any country across the globe.

· Able to be applied to an article industrially

· Not functional

· Not obscene or offensive

· Any designs that are simply mechanical contrivances or only functional will be rejected.

o Classification of Designs (Locarno System)

India implemented the Locarno Classification, a global classifying system for designs based on 32 main classes. Some examples include:

· Class 03: Travel goods including suitcases.

· Class 12: Vehicles.

· Class 09: Packaging and containers.

Correct classification leads to a smoother examination of the application and reduces the number of rejections.

o Step by step procedure to Register

· Step 1 - Prior Art Search

Visit the IP India design database and check to see if you have similar registered designs.

· Step 2: Compile Documents

o Form-1 (Application)

o Representation sheets (photo of provided design at various angles)

o Statement of novelty

o Power of Attorney (If needed)

o Fee payment (₹1,000 for individuals/startups, ₹4,000 for others)

· Step 3: Submit Application

You may submit:

o Digitally through IP India e-filing portal

(https://ipindiaonline.gov.in/designregistration/) or

o Physically at Kolkata or regional patent office.

o Each class of article needs to have individual filings for design applications.

· Stage 4: Formal Examination

The design office will assess for:

o Newness

o Correct classification

o Objectionable material

o Prior publication

If defects are identified, a First Examination Report (FER) will be issued.

· Stage 5: Reply to the FER

You must respond in the prescribed time of 6 months (can be extended up to 3 more months). Fail to do so, and your design application is abandoned.

· Stage 6: Registration and Publication

Once accepted:

o The design is registered

o The details of the design are published in the Patent Office Journal

o A certificate of registration is issued.

Protection will commence from the filing date.

5. Duration and Renewal

Initial Duration of Protection

India's original Designs Act (2000), as per Section 11, a registered design shall be protected for an initial period of 10 years from the date of registration. If the application is filed with a priority date (e.g. priority country), the protection still starts from the date of actual registration in India, and not the priority date.

Renewal and Extension

· The design may be renewed once for a further 5 years.

· The application for renewal must be completed before the expiry of the initial 10 years.

· The renewal must be filed on Form-3 with paying the appropriate fee:

· ₹2,000 if the applicant is a natural person/startup

· ₹8,000 for other legal entities.

6. Post-Registration Rights and Remedies

· Exclusive Rights

o Commercial use of the design

o Prevention of imitation/copies

o License or assign the rights

· Remedies for Infringement (Section 22, Designs Act)

o injunction

o Damages up to ₹25,000 for each infringement

o Suits can be filed in District Court or High Court

Conclusion

In India, design registration serves as a vital legal tool for the protection of the decorative aspects of a product. By obtaining exclusive rights under the Designs Act, 2000, a business gains a monopoly over the appearance of their goods for a period of up to 15 years. Completing all steps from preparation and classification through examination and enforcement requires legal expertise, knowledge and shipping to ensure the documents and procedures comply with the requirements of the Design Office. While the process is fairly straightforward, errors in classification or filing or disclosures can lead to rejection of an application or loss of rights.

For startups, manufacturers and design-oriented brands, design registration represents much more than a legal protection. It is a competitive business strategy that offers the opportunity to build brand equity, value as an investable asset and deliver loyal customers. Finally, design law is essential in the growing marketplace whenever the visual appearance of products is a primary driver for shoppers buying decisions.