Filing Requirements in India

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India - Design Registration Requirements

Design protection in India is available for the shape, configuration, pattern, ornamentation, or composition of lines or colours applied to an article, whether in two-dimensional, three-dimensional, or both forms.

If specific colours are to be protected, separate applications must be filed for each colour combination of the design. However, if colour is not a feature of the design, a single application will cover all colour combinations.

In India, there is no provision for filing a single application to protect multiple designs. Separate applications are required for similar but distinct designs.

Documents Required for Filing a Design Application:

Applicant Information:

  • Name, address, and nationality of the applicant (or state of incorporation for corporate bodies).

Power of Attorney:

  • A duly executed Power of Attorney form (provided) must be submitted. This document may be submitted any time within six months from the date of filing the design application in India. A single Power of Attorney is sufficient for all design applications from the same applicant. No legalization is required.

Priority Application:

  • For a priority claim, a certified copy of the priority document, as originally filed (not as registered), must be submitted with the design application. If the certified copy is not submitted at the time of filing, additional official fees will apply. Alternatively, a WIPO-DAS Code can be used to fulfil the priority document requirement.
  • For non-English priority documents, a verified English translation must be submitted within six months from the filing date.

Design Views/Representations:

  • Different views of the design, such as “Perspective View,” “Front View,” “Rear View,” “Left Side View,” “Right Side View,” “Top View,” and/or “Bottom View,” are required to clearly ascertain the scope of the design.
  • The application can be filed with available views/diagrams, and additional views may be requested by the Controller during the prosecution process.

Format of the Representations:

  • Design applications can be filed with line drawings or photographic representations.
  • Inconsistent views, such as illustrations showing the article in different states or configurations (e.g., ‘closed/half closed’ or ‘open/half open’), are not allowed. Protection is granted for the design in a particular state or configuration only.
  • Shading or incomplete lines are prohibited in design representations. Broken or dotted lines may be used to indicate unclaimed features, provided an appropriate disclaimer is included.
  • Magnified, reference, cross-sectional, exploded, enlarged, or partial views are not acceptable.
  • Glare, shadows, and reflections must be removed or disclaimed. These elements cannot be protected, nor can the glossy, opaque, or transparent nature of an article be covered by design registration.

Novelty Statement:

  • A novelty statement must be included, specifically detailing the novel features of the design, such as its shape, configuration, ornamental surface pattern, and colour combinations, where applicable.


Note: Design representations filed in priority applications may be amended to comply with Indian Patent Office requirements, if necessary. There is no restriction on submitting representations in a different format from those filed in the priority application.