What are Designs?
Under the Designs Act, 2000, a "design" means only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two-dimensional or three-dimensional form (or both).
The key factor is that the design must be applied by an industrial process and its features are judged *solely by the eye*. It protects the visual appearance or aesthetic features of a product, not its functional or technical aspects (which are protected by patents).
What Cannot be Registered as a Design?
A design cannot be registered if it:
- Is not new or original.
- Has been disclosed to the public anywhere in India or in any other country before the filing date.
- Is not significantly distinguishable from known designs or a combination of known designs.
- Comprises or contains scandalous or obscene matter.
- Is a mere mechanical device or is purely functional in nature.
- Is an artistic work as defined by the Copyright Act, 1957 (e.g., a painting or sculpture).
- Is any principle or mode of construction.
Design Office in India
The registration of industrial designs in India is handled by the Design Wing of the Patent Office, which is located in Kolkata. While applications can be filed at any of the four Patent Offices (Kolkata, Delhi, Mumbai, Chennai), they are all processed and registered by the central Design Wing.
Kolkata (Main Office for Designs)
The Design Wing, located at the Patent Office in Kolkata, handles the examination, registration, and post-registration maintenance of all industrial designs in India.
Branch Offices (for Filing)
Applications for design registration can also be filed at the branch offices in Mumbai, Chennai, and Delhi, from where they are forwarded to Kolkata for processing.
Design Lifecycle Flowchart
1. Filing
File application with representations of the design.
2. Examination
Examiner checks for formalities and substantive requirements (e.g., novelty).
3. Registration
If all requirements are met, the design is registered.
4. Publication
The registered design is published in the official journal.
5. Renewal
Valid for 10 years. Renewable for one period of 5 years (Total 15 years).