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We handle the complete process for your Design Registration right here in Mumbai - Andheri East (HQ). Get certified quickly and legally with our expert local team.
Professional Fee: ₹4,599 | Govt Fee: ₹1,000 (lowest tier) | Total: ₹5,599 (incl. govt fees; higher tiers apply for Others/large entities)
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In highly competitive consumer markets, the visual appeal of a product is often its most distinguishing and valuable feature. Design Registration (often referred to colloquially as a 'design patent' in other jurisdictions) is a critical intellectual property right granted under the Designs Act, 2000. It protects the purely aesthetic aspects of a manufactured article—its shape, configuration, surface pattern, ornamentation, or composition of lines and colors. Crucially, it does not protect the functional mechanics or how the product works (which requires a Patent), nor does it protect the brand name (which requires a Trademark). Registering an industrial design grants the creator an absolute, legally enforceable monopoly to manufacture, import, and sell products bearing that specific visual appearance, serving as a powerful weapon against cheap knock-offs and design piracy.
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Professional Fee: ₹4,599 onwards | Govt Fee: ₹1,000 (lowest tier) | Total: ₹5,599 (incl. govt fees; higher tiers apply for Others/large entities)
Gather these documents for your Mumbai - Andheri East (HQ) application.
The starting fee of ₹5,599 covers specialist consultation, document preparation, the government filing fee, and tracking until you receive the final certificate. Additional government fees may apply for objections, renewals, or expedited processing.
Turnaround depends on the specifics of your case. Once I-Pro Solutions scopes your requirements, I-Pro Solutions will give you a realistic timeline with milestones.
Most filings require identity proof (PAN/Aadhaar/passport), address proof, business registration documents, and (for IP filings) examples of use. An I-Pro Solutions specialist will send a tailored checklist within 24 hours of starting.
If a filing is rejected due to an error by I-Pro Solutions, I-Pro Solutions will refile at no extra cost and refund the service fee. If the rejection is due to information you provided, I-Pro Solutions will work with you to fix and refile at a discounted fee.
This is the most common confusion. A Patent protects how a product works (its function, mechanics, or technology). A Design Registration protects only how a product looks (its aesthetic shape, pattern, or color). If you invent a new type of blender with a revolutionary motor, you need a patent for the motor. If that blender has a unique, beautiful exterior casing that has no impact on how it blends, you protect the casing with a Design Registration.
No. Absolute novelty is the cornerstone of design law. If you have already launched the product, displayed it at a public exhibition, published it in a catalog, or sold it before filing the application, the design has lost its novelty. It is considered part of the 'prior art', and your application will be rejected. You must file the design application BEFORE disclosing it to the public.
A Design Registration in India is initially valid for a period of 10 years from the date of registration. Before this 10-year period expires, you can apply for an extension by paying a renewal fee, which extends the protection for one final term of 5 years. Therefore, the absolute maximum duration of protection for an industrial design is 15 years. After 15 years, it enters the public domain.
Absolutely not. Features that are dictated solely by the function of the product cannot be registered as designs. For example, the thread of a screw, the teeth of a gear, or the exact shape of a key required to open a lock are purely functional. If the shape exists only to make the product work, it is excluded from design protection and must be evaluated for a utility patent.
A Statement of Novelty is a crucial legal declaration submitted with your application drawings. It explicitly tells the examiner exactly what aesthetic feature you claim is new. For example, it might state: 'Novelty resides in the shape and configuration of the bottle as illustrated'. By explicitly defining the novelty, you narrow the scope of examination to those specific features, making it easier to overcome prior art objections.
You can register a design for a part of an article, provided that the part is capable of being made and sold separately. For example, you can register the design of an alloy wheel separately from the entire car, or the lid of a container separately from the base. This is a common strategy to maximize protection for interchangeable components.
Design infringement occurs when someone applies an 'identical or fraudulent or obvious imitation' of a registered design. If a competitor makes minor, insignificant changes just to argue it is different, courts will still find them liable for infringement. The legal test is whether the competitor's design looks substantially the same to the eye of an ordinary consumer, causing market confusion.
No, design rights are strictly territorial. An Indian registration only protects you within the borders of India. However, India is a signatory to the Paris Convention. This means that after filing your application in India, you have a 6-month window to file design applications in other convention countries (like the US, EU, China) and claim your original Indian filing date as the priority date in those countries.
Once filed, the Design Office conducts a formal and substantive examination. They check if the application is in the correct format, if the drawings are clear, and most importantly, they conduct a prior art search to see if the design is truly novel. If they find issues or similar existing designs, they issue a First Examination Report (FER). You must file a formal legal reply to overcome these objections within a specified time limit.
Yes, but with caveats. Under the Designs Act, a 'composition of lines or colours' can be registered. However, claiming a color combination alone, without any specific shape or pattern, is very difficult. Color is usually protected as part of a larger design (e.g., a specific pattern applied to a textile in a specific color arrangement). For protecting brand colors alone, Trademark law is usually the more appropriate avenue.
In design registration, 'What you see is what you get.' The drawings or photographs ARE the legal claim. Unlike patents, which rely on extensive written text to define the monopoly, a design registration relies entirely on the visual representations. If the drawings are blurry, miss an angle, or fail to clearly show the novel features, the registration is weak and highly vulnerable to being invalidated by competitors.
The Locarno Classification is an international system used to classify goods for the purposes of the registration of industrial designs. Products are divided into 32 broad classes and numerous sub-classes (e.g., Class 2 for Clothing, Class 12 for Vehicles). Filing your design in the correct class is mandatory. The protection granted is generally limited to the specific class of articles in which it is registered.
Under Section 22 of the Designs Act, if someone commits 'piracy of a registered design' (infringement), the registered proprietor can file a civil lawsuit. The court can issue an injunction to immediately stop the manufacturing and sale of the infringing goods. Additionally, the infringer is liable to pay statutory damages (a fixed sum per infringement) or, alternatively, the proprietor can choose to claim actual financial damages and an account of the profits the infringer made.
Yes, any 'person interested' can file a petition for the cancellation of a registered design before the Controller. The most common grounds for cancellation are proving that the design was previously registered in India, proving that it was published or sold anywhere in the world prior to the filing date (lack of novelty), or proving that the design is not significantly distinguishable from known designs.
Compared to patents, the process is fast. If the application is perfectly drafted, the drawings meet all standards, and no major objections are raised in the examination report, a design can typically be registered and the certificate issued within 6 to 10 months from the date of filing.