Biswajit Sarkar, Advocates - IP AttorneysAn IP Law firm with global practices
  1. Home
  2. Our Practices
  3. Industrial Designs

Practice

Industrial Designs

Protecting how a product looks, so that the investment in its design cannot be copied without consequence.

Overview

A registered design protects the features of shape, configuration, pattern, ornament or composition of lines or colours that appeal to the eye. For consumer products, packaging and industrial goods, it is often the fastest and most cost-effective right to secure.

Because novelty is assessed at the date of filing, timing matters. The firm advises clients to file before any public disclosure and prepares representations that define the design precisely.

What we do

Services

  • Novelty Searches

    A novelty search shows whether a proposed design is new, original and different from existing designs. Our legal team examines Indian and international design records to identify similar designs and assess registration prospects under the Designs Act, 2000.

  • Design Registration: Application and Prosecution

    Registration protects the new and original visual appearance of a product. The process covers preparing and filing the application, selecting the class under the Locarno Classification, replying to objections from the Design Office and attending hearings where required. Once registered, the design is published in the Patent Office Journal and protected for 10 years, extendable by a further 5 years on renewal.

  • Representation Sheets

    The representation sheet is the most important document in a design application. It shows the shape, pattern and visual features of the design from the front, back, sides, top, bottom and in perspective, with a statement of novelty and any disclaimer. Our legal team prepares it so that the application is in proper order.

  • Design Infringement

    Action against infringement of a registered design begins with collecting evidence and issuing a legal notice. Our legal team regularly handles court proceedings seeking injunctions, compensation and seizure of infringing goods, as well as customs intervention and online enforcement.

  • Design Cancellation

    A registered design may be cancelled if it lacks novelty or originality, or was previously registered or published. Our legal team handles cancellation proceedings, including case analysis, document preparation, evidence and representation before the Controller of Designs.

  • International Design Registration

    Design rights are territorial, so separate protection is needed in each jurisdiction, through direct national filings or the Hague System, subject to eligibility. Under the Paris Convention, priority may be claimed within six months of the Indian filing. The firm advises on the choice of jurisdictions, novelty searches, design drawings, filing, prosecution, renewals and enforcement through its network of foreign associates.

Our approach

How a matter progresses

The usual course of a industrial designs matter in India, from first instructions to a final outcome.

  1. Novelty search

    We search registered designs to establish whether the proposed design is new.

  2. Representation

    We prepare the representation with views from every side, a statement of novelty and any necessary disclaimers.

  3. Application

    We file the design application and reply to objections raised during examination.

  4. Registration

    The registered design is published in the Patent Office Journal and protected for ten years from the date of registration.

  5. Renewal and enforcement

    We renew the registration for a further five years when due, defend cancellation petitions and handle design infringement cases.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

What does design registration protect?
It protects the visual features of an article, such as its shape, configuration, pattern or ornamentation, as judged by the eye. It does not protect functional features, mechanical principles or trade marks.
How long does protection last?
Registration lasts for ten years from the date of registration and can be extended once for a further five years, giving a maximum of fifteen years.
Can a design be registered after the product is launched?
A design must be new at the date of filing. Publication or sale before filing can destroy novelty, so applications should be made before the product is disclosed.

Further reading

From our blog

Articles by the firm's attorneys on industrial designs.

All articles

Official sources

Related practices

Also relevant

Patents

Searches, drafting, filing, prosecution and oppositions for inventions in India and abroad.

Explore

Trade Marks

Clearance, registration, oppositions, renewals and protection of brands in India and overseas.

Explore

IP Enforcement and Litigation

Infringement and passing-off actions, rectification, customs recordals and anti-counterfeiting.

Explore