Industrial Design Protection in India – Procedures, Documents, and Key Applicant Benefits

India has established a structured framework for industrial design registration under the Indian Patent Office (IPO), enabling innovators to secure exclusive rights for the visual appearance of their products. The system balances formal and substantive examination while offering significant fee reductions to small entities and startups, encouraging innovation and entrepreneurship.

Authority:

• Indian Patent Office (IPO), Official website, www.ipindia.gov.in

Term of Protection: 

• Design protection in India lasts for 15 years from the filing date.

Filing Deadline:

• Applications must be filed within 6 months from the earliest priority date.

Required Documents:

• Representations / Pictures
  • Each page of pictures must include a novelty statement and, if applicable, disclaimers regarding mechanical functions, trademarks, works, letters, or numbers used in the design. All pages must be properly signed and dated.
• Application Form (Form 1) with proof of fee payment
• Brief Description
• Small Entity Declaration (Form 24)
• Power of Attorney (Form 21)
• Certified copy of Priority Document / DAS (if any)
  • Priority Document: May be filed within 3 months after filing, subject to a Form 18 extension request and corresponding late fee
• Ownership Statement / Employment Statement / Priority Assignment
• IDS Forms/Comparative Documents
• Translator’s Declaration
• Patent Family Information Sheet
• Form 26 (POA): May be filed within 3 months from the filing date. The IPO usually requires the Indian application number to be shown, so the POA is generally submitted after filing.

Process & Procedure:

• Filing and Formalities
  • The applicant must file Form 1 to submit an industrial design patent application and pay the corresponding fee, specifying the name, address, nationality of the applicant and the designer, the article name, and the Locarno classification.
  • The IPO does not accept multiple designs in one application; the applicant must file a separate industrial design application for each design.
  • Two sets of drawings must be submitted on white A4 paper (210 mm × 296.9 mm), and each figure must be clearly labeled as perspective view, front view, side view, etc.
  • For patterns consisting of repeating surface ornamentation, the drawings must show the entire pattern and a sufficient portion of the repeated design in both length and width, with dimensions not smaller than 15.00 cm × 10.00 cm.
  • Drawings must not include descriptive matter or references indicating component parts by letters or numerals, and no sectional views are allowed. Dimensions or engineering symbols must not be used in the drawings.
  • Broken lines may be used to represent elements that are not claimed as part of the design. The claimed design features must be shown in solid lines in the drawings.
  • In black-and-white drawings, color shading may be used solely to emphasize the claimed features. In such cases, the novelty statement must explicitly specify that the claim is limited to the color-depicted portion, and that the color itself is not part of the design.
  • A brief statement must be submitted, which may consist of multiple pages. Regarding mechanical action, trademarks, words, letters, or numerals, each declaration form must include the novelty statement and disclaimers, if any.
  • Photographs, computer-generated graphics, or traced reproductions of the design sample may be submitted. In rare cases, the IPO may require submission of a physical sample of the article during substantive examination.
  • The applicant’s name must appear at the top left corner of the request form. The total number of pages and the page number must be indicated in Arabic numerals at the top right corner, and the form must be signed and dated by the applicant or agent.
• Examination Process
  • The IPO conducts both formal and substantive examinations for industrial design applications. The substantive examination begins automatically, and the applicant is not required to file a separate request. Applications submitted in person or by post to the Chennai, Mumbai, or Delhi Patent Offices are forwarded to the Kolkata Patent Office within one week. All applications and accompanying documents are digitized and reviewed in Kolkata, then uploaded to the IPO’s central server. The IPO proceeds with substantive examination once the formalities check is completed.
  • In response to a formality correction notice issued by the IPO, the applicant must reply within 3 months. If no response is filed within this period, the design application will be deemed withdrawn. If the applicant disagrees with the examiner’s objection, the examiner may schedule a hearing on the matter.
  • The substantive examination focuses on assessing the novelty and originality of the design.
  • If the applicant has already registered the same design for an article in another class, this must be declared in Form 1 at the time of filing.
  • During substantive examination, if the examiner discovers that the same applicant has registered an identical design in another class and this fact was not disclosed in the request form, an objection to refusal will be issued. In such a case, the examiner will cite the previously registered design and require the applicant to amend the application. If the applicant fails to address the deficiencies within six months, an extension of three months may be obtained by submitting Form 18 and paying the prescribed fee.
  • After considering the applicant’s response, if the examiner still finds deficiencies, the applicant will be formally notified with detailed reasons for the possible refusal, and a hearing date will be fixed. If a written statement is submitted and the applicant does not appear for the hearing, no further opportunity for hearing will be provided, and a decision will be made based on the written submissions.
  • Once an industrial design application is granted, it is published in the Patent Office Journal - typically within 1 month of grant. The registration number is identical to the application number, and the Design Journal is published every Friday.
  • After publication, the IPO sends the certificate of registration to the design right holder by registered post to the address for service.

Grace Period for Novelty:

• 6 months before filing or priority date.

Grant and Renewal Maintenance Fee: 

• Every 5 years, a renewal fee must be paid, with a grace period of six months for any late payments.

Granting Time:

•  8–10 months from filing.

Conclusion

India’s industrial design framework combines efficiency, inclusiveness, and affordability, making it an attractive jurisdiction for designers worldwide. With a clear procedural structure, automatic examination, and generous fee reductions for startups and MSMEs, India continues to strengthen its position as a hub for design innovation and protection.