Law of Industrial Patent Designs in India by Vijay Pal Dalmia, Advocate, Partner and Head IP & IT Laws Division, Vaish Associates Advocates

1. Intellectual Property & Information Technology Laws Division

3. The Design Act, 2000
The Design Rules, 2001

4. Industrial designs is one of the categories of
IPR where the design system focuses on the
aesthetic feature of an article derived from its
visual appearance.
Relevant aspects are the shape, configuration,
surface pattern, the colour or line or a
combination thereof as applied to an article
which produces an aesthetic impression on
the sense of sight.

5. Features of shape, configuration, pattern,
ornament, composition of colour or line or
a combination thereof
Applied to any article
Whether 2D or 3D or in both forms
By any industrial process or means
Appeal to and are judged solely by the eye.

7. New or Original
Relate to features of shape, configuration,
pattern or ornamentation
Applied to articles by any industrial process.
Appeal to and solely judged by the eye.
It should not include any Trademark or
Property mark or
It should not include artistic works as
defined under the Copyright Act
It should not be mere mechanical Device

8. Has not been disclosed to the public
anywhere in any tangible form or by use or in
any other way prior to the date of
filing/priority date;
Is significantly distinguishable from known
designs or combinations thereof;
Does not comprise or contain scandalous or
obscene matter

9. Any person whether a citizen of India or not
◦ Person includes
Individual
Legal entity
◦ Claiming to be the Proprietor
His Legal representative
His Assignee
Application can be made either jointly or
separately

10. Date of registration is the actual date of filing
of the application.
In case of registration of design with priority,
the date of registration is the date of making
an application in the reciprocal country.
The period for making such an application in
the reciprocal country is 6 months.

11. (i) Application form 1 with requisite fee of Rs.
1,000/-, should contain full name, nationality,
address, class no, articles name and address for
service in India.
(ii) Four sets of Representation sheets in durable
paper of A4 size, pasted with the
photographs/drawings of the article from different
angles.
(iii) Power of attorney (if required)
(iv) Priority document (for convention application).

12. A4 size white durable paper
Sheet Number to be mentioned in each sheet
Photographs/line diagrams/computer
graphics of the article
Name of the views
Statement of novelty
Disclaimer
Signature of the applicant/agent
Date

14. An Application for
◦ Registration of Designs
◦ Request for Extension of Copyrights
◦ Petition for Cancellation of Designs
◦ Rectification of Register of Designs
Can be filed at
◦ Head Office at Kolkata;
◦ Branch Offices at Delhi, Mumbai & Chennai.
Branch Offices will transmit the documents to Head
Office for Processing and Prosecuting the same

15. Exclusive right to apply a Design to the article
in the class in which the design has been
registered.
Proprietor of Design can sue for infringement.
Right to assign or license his Design for a
consideration or Royalty.

16. 10 Years from the date of registration
Extendable for another 5 years on payment
of renewal fee of Rs. 2000/-

17. Previously registered in India
Published in India or other Countries prior to
the date of registration
Not a new or original Design
Not a Registerable Design under this Act
Not a Design under Section 2(d) of this Act

18. Concept of Partial Design and Infringement
No Infringement
Infringement

19. Registration of design will lapse on non-
payment of extension fee for further term of
5 years if the same is not paid before the
expiry of 10 years.
Design may be restored on:
◦ Application for restoration in prescribed form with a
fee of Rs. 1000/- within 1 year from the date of
lapse.
◦ If the application is allowed, an additional fee of
Rs.1000/ is charged.

20. Year Indians Foreigners Total
1993-94 1453 202 1655
1994-95 1570 280 1850
1995-96 1783 241 2024
1996-97 1922 435 2357
1997-98 2056 539 2595
1998-99 2381 695 3076

21. Filed
4017
4017
3718
2004-2005 Examined
Registered
2257
3228
2547
2003-2004
3124
3124
2364
2002-2003 3840
3840
3840
3840
2426
2426
2001-2002
3207 2874
3207
2430
2000-2001
2067
1382
1999-2000
0 2000 4000 6000 8000 10000 12000 14000

22. Share of Designs by Selected Countries
Korea
Other 16%
21%
India
2%
Australia Japan
2% 21%
France
4%
Austria
3%
UK
5%
Germany
5% China
USA
13%
8%

23. FEES
No. of On What possible Form Fee (Rs.)
entry No.
1 On application for registration of Design under 1 1000.00
Section 5 & 44
2 On claim under Section 8(1 ) to proceed as an 2 500.00
applicant or joint applicant
3 On application for extension of copyright under 3 2000.00
Section 11(2)
4 On Application for Restoration of lapsed design 4 1000.00
under Section 12(2)
5 Additional fee for Restoration --- 1000.00
6 Inspection of Registered design under Section 5 500.00
17(1)
7 On request for information of design when 6 500.00
registration No. is given under Section 18.
8 On request for information of design when 7 1000.00
registration No. not given .
Contd …

24. FEES
No. of On What possible Form Fee (Rs.)
entry No.
9 On application for cancellation of design under 8 1500.00
Section 19
10 Notice of intended exhibition or publication of an 9 500.00
unregistered design under Section 21
11 Application for registration of a document in 10
Register of Designs under Section 30(3): 500.00
(i) In respect of one Design; 200.00
(ii) For each additional Design
12 One application for entry of name of proprietor or 11
part proprietor in Register of Designs under Section
30:
500.00
(i) In respect of one Design;
200.00
(ii) For each additional Design
13 On application for entry of mortgage or license in 12
Register of designs under Section 30:
(i) In respect of one Design; 500.00
(ii) For each additional Design 200.00

25. FEES
No. of On What possible Form Fee (Rs.)
entry No.
14 Application for entry of notification of a document in 13
the Register of designs under Section 30 and Rule
37: 500.00
(i) In respect of one Design;
200.00
(ii) For each additional Design
15 On request for correction of clerical error under 14 500.00
Section 29
16 On request for certificate under Section 26 and 15 500.00
Rule 42
17 On application for certified copy of Registered 16 500.00
design Under Section 17(2)
18 On application for rectification of Register of 17 500.00
design Under Section 31
19 On application for extension of time for filing 18 200.00
priority Document under Rule 15. (per month)
20 On Notice of opposition under Rule 40 19 100.00

26. FEES
No. of On What possible Form Fee (Rs.)
entry No.
21 Notice of intention to attend hearing under Rule 20 500.00
29 and 40
22 Form for authorization of agent or other person. 21 ----
23 On request to alter name or address or address 22 200.00
for Service in the Register of design under Rule
31.
24 On request for entries of two addresses in the 23 200.00
Register of Design.
25 On petition under Rule 46 for amendment of any --- 500.00
document
26 On petition under Rule 47 for amendment of any --- 500.00
document
27 Inspection of Register of Design under Rule 38 (in --- 250.00
respect of each design).

27. THANK YOU FOR YOUR VALUABLE TIME & LISTENING
Intellectual Property & Information Technology Laws Division
Flat No 903, Indra Prakash, 21, Barakhamba Road,
New Delhi 110001 (India)
Phone: +91 11 42492532 (Direct)
Phone: +91 11 42492525 Ext 532
Mobile :- 9810081079
Fax: +91 11 23320484
email:- vpdalmia@vaishlaw.com