Industrial Design
Rights.

Protecting and enfrocing design rights in India. Secure the visual identity and aesthetic uniqueness of your products from copying and infringement.

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Protecting Aesthetic Innovation

So you have a great new Design for your product but are worried that it might get copied? Here is how you can protect it.

What is an Industrial Design?

An Industrial Design is a right used to protect the visual aspects of a product—specifically its shape, pattern, colouring, or any distinguishable feature that makes it unique.

Unlike a Patent, it is only for the non-functional design of a product. It cannot be used to protect moving mechanical parts or technical functionality. It is purely for the visual appeal that carves out a niche in the customer's mind.

"The cutting edge lies in the aesthetically shaped and contoured product Design which has the capability to carve out a niche in the preference of products among customers’ minds."

Visual & Aesthetic

Shape • Pattern • Color • Form

Why Register Your Design?

Products with significant investment in styling MUST be protected.

Prevent Copying

Without protection, your painstakingly created designs may be subjected to plagiarism, resulting in business loss.

Exclusive Rights

Hold the Intellectual Property rights behind your unique designs, ensuring you are the sole beneficiary of your aesthetic innovation.

Market Edge

In a market flooded with products, the sleek, contoured external surface is often what drives customer preference and goodwill.

Registrable Designs

For your Industrial Design to be registrable, it must have novelty. The exterior Design (colour scheme, pattern, or shape) must be:

  • Completely unique compared to other products in the public domain.
  • Distinguishable by its visual or aesthetic appeal.
  • Capable of industrial application (can be manufactured).

Non-Registrable Designs

A design cannot be registered if it is:

  • Not original or significantly distinguishable from existing designs.
  • Already disclosed to the public (in India or abroad) prior to application.
  • Purely functional or mechanical in nature.
  • Obscene, scandalous, or hurtful to religious sentiments.

Requirements in India

  1. The Design must have its own novelty or uniqueness and not be in the public domain anywhere.
  2. It should be applied or applicable to an existing product.
  3. The design must be applied using an Industrial process.
  4. Functional or mechanical parts cannot be registered.
  5. It cannot include Trademarks or Copyrighted content (artistic works like paintings defined under Copyright Act 1957).
  6. Design rights are valid for 10 years, extendable by 5 years.

Capable of Industrial Application

"Usefulness" is key. An invention cannot exist in abstract.

Locarno Classification

Design rights can be claimed for almost all objects manufactured industrially. India follows the Locarno Classification of Articles to categorize products for design registration.

Legal Standard

Section 2(ac) of the Patents Act defines industrial application as the capability of being made or used in an industry. The invention must have practical utility.

Enabling Disclosure

A critical criterion for protection is the "disclosure of an enabling patent". The draft specification must disclose the invention sufficiently to enable a skilled person to carry it out without undue effort. If the specification is insufficient, the patent/right will not be granted.

Secure Your Product's Design

Don't let copycats profit from your creativity. Apply for Industrial Design protection today.