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Design Patent

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Design Patent

The Registration And Protection Of Industrial Designs In India Is Administered By The Designs Act, 2000 And Corresponding Designs Rules, 2001 Which Came Into Force On 11th May 2001 Repealing The Earlier Act Of 1911. The Design Rules, 2001 Was Further Amended By Designs (Amendment) Rules 2008 And Designs (Amendment) Rules 2014. The Last Amendment In Designs Rules Came In To Force From 30th December, 2014, Which Incorporates A New Category Of Applicant As Small Entity In Addition To Natural Person And Other Than Small Entity.

“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 Or In Both Forms, By Any Industrial Process Or Means, Whether Manual, Mechanical Or Chemical, Separate Or Combined, Which In The Finished Article Appeal To And Are Judged Solely By The Eye.

Design - FAQ's

Under the Designs Act, 2000 the "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.

 

Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

 

No, Design Patents Do NOT Protect An Idea Or An Invention, But Rather Only Protect Ornamental Design Of Exactly What Is Pictured. This Means That They Are Weaker Than A Utility Patent, But Because They Are VeryEasy To Get You Should Consider Them To Round Out Your Portfolio.

 

Yes, obtaining a design patent can be highly worthwhile if the visual appearance of your product is unique and commercially valuable. It protects the aesthetic aspects—such as shape, pattern, or configuration—preventing others from copying or imitating your design. This not only strengthens your market position but also adds value to your brand and can become a strong asset for licensing or legal enforcement.
Specifically, "To Qualify For Design Patent Protection, A Design Must Have An Ornamental Appearance That Is Not Dictated By Function Alone." In Other Words, "If A Particular Design Is Essential To The Use Of The Article, It Can Not Be The Subject Of A Design Patent.
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