๐น 1. Design Registration (under Designs Act, 2000)
Purpose:
Protects the visual appearance of a product โ shape, configuration, pattern, or ornamentation.
What it protects:
Only the external design or aesthetic look of a product, not how it works.
Examples:
- Unique shape of a bottle
- Design pattern on a bag
- Look of a fan or mobile phone casing
Requirements:
- Must be new or original
- Not previously published in India or abroad
- Not functional (purely aesthetic)
Protection Period:
- 10 years, extendable by 5 more years (total: 15 years)
Cost:
Lower than patents. Govt fees for individuals/startups: โน1,000โโน2,000 (filing), more with attorney fees.
๐น 2. Patent Registration (under Patents Act, 1970)
Purpose:
Protects a new invention โ a product or process that is novel, inventive, and industrially applicable.
What it protects:
The functionality, technical aspects, and working mechanism of an invention.
Examples:
- A new type of battery pack
- A unique solar inverter circuit
- A chemical process for making a compound
Requirements:
- Must be novel, inventive, and useful
- Not publicly disclosed before the patent application (except under grace period)
- Must not fall under excluded categories (e.g. laws of nature, abstract ideas)
Protection Period:
- 20 years from the filing date
Cost:
Higher than designs. Govt fees for individuals/startups: โน1,600โโน8,000 (filing), plus patent agent/legal fees if used.
๐ธ Summary Table
| Feature | Design Registration | Patent Registration |
|---|---|---|
| Law | Designs Act, 2000 | Patents Act, 1970 |
| Protects | Aesthetic appearance | Technical invention |
| Examples | Shape of a bottle, tool design | Battery tech, new circuit |
| Novelty required | Yes | Yes |
| Functional elements | โ Not protected | โ Protected |
| Term of protection | 10 + 5 years | 20 years |
| Filing cost | Lower | Higher |
| Examination | Not automatic (optional request) | Required |
| Time to grant | 6โ12 months | 2โ3 years (typical) |
