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Home › Services › Document Guides › Design Registration

Only the part you chose is yours.

You have designed something and you want the way it looks protected. This register does that, and it does it on one condition that decides everything else in the file. A design right attaches only to the features of appearance that did not have to be that way. The part the function compelled — the part that is shaped like that because nothing else would have worked — sits outside, however much of the effort went into it. So there is one question to put against every feature of your product: did this have to be this way? If no competent designer had a real alternative, that is the functional half. If a dozen shapes would have done and somebody picked this one, that is the half capable of being owned. And the exclusion is not an oversight: if a shape that function compelled could be owned, owning the shape would mean owning the function, and nobody else could make the thing work at all. Then the fact that changes how you prepare. You file representations, which is to say pictures — and the drawings are not evidence of the right. They are the right. Scope is exactly what the views show, words do not extend it, and a feature not visible in any view is not in the registration. Which makes a poor set of views a ceiling you can never raise, invisible until the day somebody copies the feature you failed to show. Next, something unusual about how this is tested. The eye decides, not the expert. Copying is weighed by whether an ordinary purchaser would be confused, looking the way a buyer looks — not by a technical comparison of measurements, which almost always finds differences a buyer would never notice. And the right is tied to a design as applied to an article, so the same shape on a different kind of thing may sit outside it. That is not a gap somebody left open; it is the construction. One more, and it is the one that reorders people’s plans: the thing you most want to protect is usually the thing this cannot give you. The feel of the product. Its name, its manual and its mechanism each live in a different register, and a business that filed one of the four generally believes it has covered the product. Where we stop: we do not say whether your design is registrable or new, how wide its scope would be, or whether anybody has infringed it — and we print no section, period or official fee.

From ₹7,999 30 – 90 days Chosen, not compelled The drawing is the right
We make a range of kitchen products and one of them has a shape that has taken us two years to get right. A competitor in the same market has now launched something that looks very close to it. We never registered anything. I want to know what we can register now, whether we can do anything about the competitor, and honestly whether this whole area is worth the money, because a cousin told me design registration is not worth much.Let me take those in a different order from the one you asked them in, because the first thing to establish is what this register is actually capable of giving you, and most of the disappointment in this area comes from expecting something else. The register deals with appearance. How the thing looks. Shape, configuration, pattern, ornament, the arrangement of lines and colours on an article. It does not deal with what the product does, how it works, what it is called, or how well it is made. Each of those is somewhere else entirely, and I will come back to that because it is where your real answer lies. Now the condition, which is the sentence I would most like you to take away. A design right attaches only to the features of appearance that did not have to be that way. Not to the appearance as a whole. To the chosen part of it. And that distinction is going to feel unfair when I apply it to your product, so let me explain why it exists before I do. Suppose the opposite were true, and a shape that the function compelled could be owned. Then owning that shape would amount to owning the function, because nobody else could make the thing work without arriving at the same shape. The register declines to be a side door into that, and it declines deliberately rather than by accident. Function is protected by a different route, with a different examination and a different bargain, or it is not protected at all. So here is the question to put against every feature of your product, one at a time. Did this have to be this way? Take the handle angle. If every competent designer making this kind of product arrives at roughly that angle because of how a hand works and how the thing has to pour, then that angle is the functional half and it is not going to be yours. Take the fluting on the body, or the way the base steps in, or the proportion between the two sections. If a dozen other treatments would have worked perfectly well and somebody on your team sat down and picked that one, you are now looking at the half that is capable of being owned. And this exercise, done feature by feature with somebody who knows what they are doing, is the actual work in a design file. It is also the part nobody does before filing, which is why so many registrations turn out to be narrower than their owners believed. Your two years, incidentally, were probably not wasted in the way you may now be fearing. Two years of refinement usually means a great many arbitrary choices were made and discarded, and the arbitrary choices are the protectable material. The trouble is that nobody wrote down which were which, and after two years the team cannot reliably separate what was decided from what was forced. Now to the second thing, which changes how a filing should be prepared, and it is a point about the mechanics. What gets filed is representations. Pictures. And the consequence of that is worth sitting with: the drawings are not evidence of the right. They are the right. The scope of what you own is exactly what the views show, no wider. Words can clarify what a view depicts and can disclaim parts of it, but they cannot extend the right past the pictures. So a feature that does not appear in any view is simply not in the registration, and that is not a technicality anybody can fix afterwards. Which means a poor set of views is a permanent ceiling. If a defining feature is obscured by an angle, or shown only from the front, or disappears into a shaded render, the registration is narrower than the design you actually made. And you will not discover the gap on filing day. You will discover it on the day somebody copies the one feature you failed to show, which brings me to your competitor. Here is the part that is more encouraging than you may expect, and it is genuinely unusual among registers of this kind. The eye decides, not the expert. Whether something is a copy is weighed by whether an ordinary purchaser of that kind of product would be deceived or confused, looking at the two the way a buyer in a shop looks at them. Not by a technical comparison of dimensions. A technical comparison almost always finds differences, because a copyist is rarely stupid enough to produce an identical article. What is weighed is the overall impression. So a competitor who has moved a vent, changed a radius and kept everything a buyer actually notices has not necessarily escaped anything at all. Equally, a competitor who has changed the thing you see first may be well outside. I cannot tell you which of those your situation is, and I will come to why in a moment. One more feature of the register that reorders people’s plans once they understand it. The right is tied to a design as applied to an article. Not to a shape in the abstract. So the same appearance applied to a different kind of article may sit outside your registration, and that is not a loophole somebody forgot to close. It is how the thing is built. Which is why the first serious conversation about strategy is about what you sell and what you might sell in three years, rather than about forms. Now your real answer, and it is not about the competitor at all. You have a product in a range. Its shape sits in this register. Its name and the way that name is presented sit in a trademark register. Your instruction leaflet, your packaging artwork and your photography sit in copyright. If there is a genuine mechanism inside it, that sits on a patent route or nowhere. Four different places. And the commonest thing I see is a business that has filed in one of the four and sincerely believes the product is covered. Writing down which part of your product sits where, with somebody responsible for each line, costs an afternoon and returns more than any other spend in this area, and hardly any business does it. On whether it is worth the money, since you asked directly and your cousin has an opinion. A design registration on the functional shape of a product, prepared from marketing renders, with no record of which features were chosen, is close to worthless and your cousin has probably seen one. A design registration on the arbitrary features of an appearance, with views drawn to define a boundary rather than to flatter the product, on a product you actually sell in volume, is a different instrument. The variance in this area is almost entirely preparation, not law. Now where I stop, and this matters because you have a live situation. I will not tell you whether your design is registrable, whether it is new, how broad your scope would be, or whether your competitor has infringed anything. Those are not things I am qualified to decide and I would be doing you harm by guessing at them. Registrability and novelty belong with a patent and design attorney. Your competitor belongs with an advocate, and the honest position is that the answer there will turn on facts about dates and showing that neither of us has in front of us. There is also one question in this subject I will not even discuss in general terms, because general terms are actively dangerous on it: the effect of having already shown a product publicly. You have been selling this thing. That fact has to be put in front of an attorney before anything is filed, with dates, and it has to be the first thing you tell them rather than the last. What we do, concretely, is the preparation. We go through the product feature by feature and record which parts were chosen and which the function compelled, while the people who made those choices are still available to ask. We write down the disclosure timeline with dates against it, from the first supplier sample to the first sale. We collect every image and file that already exists, including the ones on your supplier’s laptop, and tell you what is missing. We list which part of this product belongs in which register with an owner against each. And we record who contributed what to the appearance, by name, because joint development with no written position on ownership is how a design ends up belonging to somebody nobody expected. Then an attorney decides, in one sitting instead of four.

What this guide covers

  1. What this register is about
  2. Not what it does — how it looks
  3. Four registers, four questions
  4. The question for any feature
  5. Did it have to be that way?
  6. Forced by the function
  7. And the part you chose
  8. Why a functional shape cannot be yours
  9. The same reason it looks like everybody else’s
  10. You do not register a product
  11. You register a picture
  12. The scope is exactly what is shown
  13. Words do not widen it
  14. What the drawings must agree on
  15. The feature you forgot to show
  16. A bad set of views is a ceiling
  17. Who should prepare them
  18. And why nobody can fix them later
  19. The ordinary purchaser’s test
  20. Not the expert’s measurements
  21. Which makes this test unusual
  22. Overall impression, not a checklist
  23. The small-difference defence
  24. Crowded fields and empty ones
  25. What a crowded field does to your scope
  26. The side you will find yourself on
  27. Copying is not required
  28. And intention is not the question
  29. It is attached to an article
  30. The same shape on a different thing
  31. Which is not a loophole
  32. Where that bites people
  33. The product-family problem
  34. One design, or many
  35. What a variant actually is
  36. The cheap mistake and the expensive one
  37. What we will not assess for you
  38. The thing you most want to protect
  39. The feel of a product
  40. A name is a different register
  41. A manual is a different register
  42. A mechanism is a different route
  43. So one thing needs four
  44. The hour of listing that nobody spends
  45. The disclosure question we hand off
  46. The order of operations
  47. Before you show anybody
  48. What to do if you already have
  49. What not to do with the number
  50. What this page does not decide
  51. Six quiet failures
  52. The fortnight that decides a decade
  53. Who rings us about this
  54. What we pull into order
  55. The date we will not move
  56. What belongs to the attorney
  57. What we will not opine on
  58. Our fee on a design file
  59. What follows registration

What this register is about

Begin with the boundary, because nearly all of the disappointment in this subject is somebody arriving with the wrong expectation and nobody correcting it early.

This register deals with appearance. Shape, configuration, pattern, ornament, the arrangement of lines and colours as applied to an article you can make and sell.

It is about how a thing looks. That is the whole of its territory.

Not what it does — how it looks

Which means a list of things it is not about, and the list is longer than the territory.

Not what the product does. Not how it works. Not what it is called. Not the words printed on it. Not its quality, its materials, its tolerances or its finish. Not the feeling a customer has holding it.

Each of those is real and most of them are worth money. Every one of them is somewhere other than here, and we will come to where.

Four registers, four questions

And the cleanest way to hold the whole subject is as four separate questions, each with its own answer in its own place.

QuestionWhere it is answered
How does it look?Here — the design register
What is it called?A trademark
What is written or drawn on and about it?Copyright
How does it work?A patent route, or nowhere
How good is it?Nowhere. Reputation is not registrable

Keep that table in mind through everything below. A surprising amount of what people want from this page is actually a row they have not noticed.

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The question for any feature

Now the condition, which is where this register becomes genuinely interesting rather than merely administrative.

A design right does not attach to the appearance as a whole. It attaches to some of the features and not others, and the dividing line is not about effort, novelty or beauty.

Did this have to be this way?

Did it have to be that way?

Apply it feature by feature, out loud, and the product separates into two piles faster than anybody expects.

Take any single element of the appearance. Ask whether a competent designer, making this kind of thing, had a real alternative. Not whether an alternative was theoretically imaginable — whether one was actually available to somebody solving the same problem.

If the honest answer is no, that element is in the first pile. If the honest answer is that a dozen treatments would have served and somebody picked this one, it is in the second.

Forced by the function

The first pile is the one people are most attached to, which is the painful part of this conversation.

A handle angled the way a hand actually grips. A spout profile that pours without dribbling. A wall thickness the moulding process demanded. A footprint set by what it has to stand on. A vent where heat has to leave.

These may have taken the longest, cost the most and required the most skill. They are still outside what this register can give you.

And the part you chose

The second pile is the one nobody writes down, and it is the entire protectable material.

The fluting on a body that could have been plain. The proportion between two sections that could have been anything. The way a base steps in rather than tapering. A radius chosen because it looked right. A seam placed where it was not obliged to be.

Arbitrary is not a criticism here. Arbitrary is the qualification. The features that did not have to be that way are the features capable of being owned.

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Why a functional shape cannot be yours

And the exclusion deserves defending rather than merely stating, because stated baldly it sounds like a drafting accident.

Imagine the opposite. A shape that the function compelled can be registered and owned. Then whoever owns it owns the function too, because nobody can make the thing work without arriving at the same shape. A monopoly on appearance would have become a monopoly on the underlying idea, obtained through a register that never examined the idea at all.

Function is protected on a different route, with a real examination and a real bargain in return, or it is not protected. This register refuses to be a quiet side entrance to that, and it refuses on purpose.

The same reason it looks like everybody else’s

There is also a diagnostic hidden in all of this, and it is useful in both directions.

If your product looks broadly like your competitors’, that is usually a sign that the function is doing most of the shaping — which tells you both that your protectable material is thin and precisely where to go looking for it.

And the reverse. If a competitor’s product looks like yours in ways the function did not require, that similarity is the interesting kind, and it is the kind an advocate will want to hear about.

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You do not register a product

Now to the mechanics, because they change what a competent filing looks like and almost nobody is told this part in advance.

People speak about registering a product, or registering a design, as though the thing itself goes on a register. It does not. What goes on the register is a set of representations — views of the article, from defined angles.

You register a picture

And that single fact has a consequence worth sitting with for a moment longer than it takes to read.

The drawings are not evidence of the right. They are the right.

Not a record of it, not a description of it, not a proof that it exists. The thing you own, afterwards, is what those views show. There is no design sitting behind them that the views merely illustrate.

The scope is exactly what is shown

From which the practical rule follows directly, and it is unforgiving.

A feature visible in the views is in the registration. A feature not visible in any view is not in the registration. There is no third category and no benefit of the doubt.

So the question for a set of representations is not whether they are accurate or attractive. It is whether every feature you intend to own is unambiguously visible in at least one of them.

Words do not widen it

With a correction for the instinct almost every business has at this point.

The instinct is to write. To add a paragraph explaining what the design is really about, what the essential idea behind it is, what should be understood as covered. It is a reasonable instinct and it does not work.

Wording can clarify what a view depicts and can disclaim parts of it. It cannot extend the right past the pictures. We have read filings where somebody tried to draft their way to a wider monopoly, and the drafting achieved nothing except length.

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What the drawings must agree on

And a set of views is a set, which brings its own requirement that catches people with multiple sources of imagery.

The views have to describe one article consistently. A front view from the production sample, a side view from an earlier prototype and a perspective view from a render of the version you did not make are three descriptions of three things.

The feature you forgot to show

Which produces the one failure that turns up on design files more often than everything else combined, and its timing is unkind.

A business registers a design. The views are from the front, the side and above, because those are the views that existed. The feature the business would most want to stop somebody copying is on the underside, or in the transition between two surfaces, or visible only at an angle nobody rendered.

The registration is narrower than the design. Nothing says so, nobody notices, and the gap stays invisible until the day a competitor copies exactly the thing you did not show.

A bad set of views is a ceiling

And the reason this matters more here than in almost any other filing is that there is no later.

In most paperwork, a thin first attempt can be improved. A contract is amended. A return is revised. A registration is topped up. Here the views you filed set the outer edge of the right, permanently, and the only remedy is a fresh registration of something that is no longer new.

Which is why we put the drawings before the law in any conversation about cost. The money in this area is not spent on filing. It is spent, or saved, on preparation.

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Who should prepare them

So be deliberate about who draws them, because the obvious choice is usually the wrong one.

The obvious choice is whoever produced your product renders, since they have the files and they are good at pictures. But their pictures were made to sell the thing. Representations are made to define a boundary, and the two aims pull in opposite directions — a render flatters by softening, and softening is exactly what you cannot afford.

The person to use is a patent and design attorney, usually working with a draughtsman who does this specifically. Handing them your marketing files as a starting point is sensible; handing them over as the finished views is where the ceiling gets set too low.

And why nobody can fix them later

To close this half of the page with the sentence we would put at the top of every design file if we could.

Almost every mistake a business makes in its paperwork is reversible at some price. This one is not, and it is also one of the cheapest to avoid. A fortnight spent on which features were chosen, and a proper set of views drawn from the article you actually sell, is the difference between a registration that does something and one that sits in a drawer.

The right is as wide as the drawing, and the drawing is as good as the fortnight before it.

The ordinary purchaser’s test

Now something about this register that is genuinely unusual, and that is worth understanding rather than delegating entirely.

When the question arises whether one article copies another, the comparison is made through the eye of somebody who buys that kind of thing. Looking the way a buyer looks — at a shelf, in a listing, across a counter, with ordinary attention and ordinary memory.

Would a purchaser of this kind of product be confused between the two?

Not the expert’s measurements

Which is pointedly not the comparison that an engineer, or a defendant, would prefer to make.

Set two articles on a bench with calipers and a drawing, and differences will be found. They are always found, because a copyist with any sense does not produce an identical object. Eleven millimetres instead of twelve. A radius adjusted. A vent moved thirty degrees around.

A list of true differences is not an answer to this test, because the test never asked whether the articles are identical. It asked what a buyer would make of them.

Which makes this test unusual

And the oddity is worth naming, because it changes how much your own opinion is worth.

In most registers the office asks one question and the market asks a different one. A name can be registrable and commercially useless, or unregistrable and perfectly effective. The two tests barely speak to each other.

Here they converge. The question a buyer asks in a shop and the question that decides a dispute are close to the same question.

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Overall impression, not a checklist

Which is why the weighing is done on the whole rather than element by element.

Not: are there differences, and how many. Rather: standing back, do these read as the same article? Buyers do not audit. They glance, they recognise a silhouette, they remember a proportion, and they reach.

Those carry weight. A tolerance, an internal radius or a fastener nobody sees carries almost none, whatever a technical comparison says about it.

The small-difference defence

So the commonest defence in this area is weaker than the person making it believes, and occasionally far stronger.

The defence is a list. We changed this, we moved that, ours is six millimetres taller. Whether the list helps depends entirely on one thing, and it is not the length of the list.

It depends on whether the changed things are things a buyer would register. A copyist who altered everything except what the eye lands on has altered nothing that matters. A copyist who altered precisely the thing you see first may well be outside, having changed fewer items.

Crowded fields and empty ones

There is one more variable in how similarity is weighed, and businesses are rarely told about it.

What already exists in your market changes how much difference is needed. In a field where fifty articles already share a broad shape, a buyer is accustomed to small distinctions and notices them. In a field where nothing looked like this before you, a buyer sees the family resemblance and little else.

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What a crowded field does to your scope

Which cuts in a direction most owners find counter-intuitive when it is first put to them.

 Crowded fieldEmpty field
Buyer is used toFine distinctionsNo comparison at all
Small changesMay be enough to escapeUnlikely to be
Your effective scopeNarrowWide
Your arbitrary featuresFew, and preciousMany
Worth knowingBefore filingBefore filing

Which is the argument for looking at what exists before you decide what to file, and the same argument that makes a search exercise worth the money on the trademark side.

The side you will find yourself on

And a point of orientation, since most businesses eventually stand on both sides of this.

You will be the owner complaining about a competitor, and at some other point you will be the competitor somebody complains about. The same test applies both times, which means the discipline that protects you is the discipline that keeps you out of trouble.

Businesses that have done the chosen-versus-compelled exercise on their own product tend not to accidentally copy somebody else’s arbitrary features, because they have learned to see the difference. That is an underrated return on the exercise.

Copying is not required

With two corrections to what people assume about how fault works here, and both go against the intuition.

The first: a registered design can be infringed by somebody who never saw your product. The comparison is between the two appearances. Arriving at a similar appearance independently is a perfectly ordinary thing for two designers solving one problem to do, and it does not, by itself, put somebody outside.

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And intention is not the question

The second correction, which is the same point from the other end and consoles nobody.

Somebody who copied you deliberately, in bad faith, having seen your product at a trade fair, may still be outside the registration if what they produced reads differently to a buyer. The bad faith is not irrelevant to everything — it is simply not the question this test asks.

Appearances are compared. Motives are a separate conversation, and one for an advocate rather than for this page.

It is attached to an article

Now the fourth structural feature, and the one that reorders business plans once it is understood.

The right is not in a shape floating free. It is in a design as applied to an article — a particular kind of thing that gets made and sold.

You do not own the form. You own the form on that thing.

The same shape on a different thing

Which produces a consequence that sounds, the first time you hear it, like a flaw.

Somebody applying a closely similar appearance to a different kind of article may sit outside your registration entirely. The silhouette you spent two years on, rendered in a different category of product, is not automatically within what you obtained.

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Which is not a loophole

And it is worth saying clearly that nobody forgot to close this, because people react to it as though somebody did.

A register of appearances that reached across every category of article would hand a single filing an enormous and unexamined monopoly over a visual idea. The tie to an article is what keeps the right proportionate to what was actually created and sold.

Agree with it or not, it is load-bearing rather than accidental, and planning around it is more productive than resenting it.

Where that bites people

In practice it bites in a small number of recognisable ways, and all of them are cheap to avoid in advance.

None of those is a disaster if somebody thought about it at the start. All of them are expensive if the first time anybody raised it was in a dispute.

The product-family problem

Which brings us to the question almost every manufacturer asks, usually a little too late in the process.

You do not make one object. You make a shape in four sizes, in two materials, with a lid option, and a variant for a different market. The appearance is recognisably one thing to you. It may or may not be one thing for this purpose.

One design, or many

And this is the single question most worth putting to an attorney before anything is filed, because it is strategic rather than clerical.

Filing one registration for a family you will later want to enforce piece by piece is cheap today and costly in three years. Filing six where one would have served is the opposite error, and both are permanent.

We are not going to resolve it on a page, because the answer depends on how the variants differ and on what you intend to sell. We will say that it is a decision, that it is taken once, and that it is almost always taken by default.

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What a variant actually is

With one distinction that helps the conversation along, and that most teams have not made internally.

There is a difference between the same design made bigger and a genuinely different design in the same family. A scaled version of one appearance and a redesigned sibling that shares a vocabulary are not the same case, and businesses routinely describe both as “a variant”.

Sort your own range into those two buckets before the first meeting. It is an afternoon, it needs nobody qualified, and it makes the attorney’s advice specific instead of general.

The cheap mistake and the expensive one

Because the two errors available here are not symmetrical, and knowing which way to lean is useful.

 Filing too narrowlyFiling too broadly
Costs youScope you cannot recoverFees you did not need
Found outDuring a disputeOn the invoice
FixableNoYes, by doing less next time
Who noticesYour competitorYou

Read the third row. One of these two mistakes can be corrected and the other cannot, which is most of what you need to know about which way to err.

What we will not assess for you

And this is the right point to state our own limit, before the second half of the page, rather than tucking it at the end where nobody reads it.

We will not tell you whether your design is registrable. We will not tell you whether it is new. We will not estimate your scope, value your right, or offer a view on whether a competitor has infringed anything.

Those are determinations, and they belong to a patent and design attorney and to an advocate, who make them on your material and carry professional responsibility for having made them. A figure or a verdict read off a page, applied to a product nobody examined, is worse than no answer, because it will be acted on.

The thing you most want to protect

Now the part of this subject that reorders people’s plans, and it is not a technicality. It is the commonest reason a business feels cheated by its own filing.

Ask somebody what they want protected and they rarely name a feature. They name something whole. The character of the product. The impression it gives. The reason customers prefer it.

That thing is real, it is probably your most valuable asset, and no register protects it as such.

The feel of a product

Because what people are describing is an effect produced by many separate things, each of which lives in a different place.

The silhouette is here. The name on it is a trademark. The typeface and the artwork are copyright. The mechanism is a patent route or nothing. The reliability is reputation, which is nowhere. The price position, the packaging smell, the way the shop displays it — none of those is registrable in any sense.

The feel is the sum. You can only ever register the parts, and only the arbitrary portions of the parts at that.

A name is a different register

Which is the row of that early table businesses most often think they have already handled.

What the product is called, how that word is written, the mark on the base, the logo on the box: that is trademark territory, with its own examination, its own objections, its own renewals and its own way of being lost through disuse.

It is also the one of the four that most rewards being done first and searched properly, because a name is the easiest thing to change early and the most expensive to change once a market knows it.

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A manual is a different register

And then the whole body of written and drawn material around the product, which businesses almost never think about until somebody lifts it.

The instruction leaflet. The exploded diagram. The product photography. The copy on the box. The illustrations on your listing page. All of that sits in copyright, and in practice it is what a competitor lifts before anything else, simply because it is lying there.

We see notices about copied material considerably more often than we see design disputes, which tells you something about where the practical risk sits.

A mechanism is a different route

The third neighbour, and the one with the highest bar and the most careful handling.

If there is genuine inventive machinery inside the product — something that works in a way comparable things do not — that belongs on a patent route, and it is a different kind of exercise with a different timetable and a far more demanding examination.

It also has a rule about showing things that is stricter than anything on this page, which is why our page on that route treats the subject the way it does, and why we hand that question across rather than touching it.

So one thing needs four

Put the whole of it together and you arrive at a sentence nobody says to a founder at the start.

A single product routinely needs four separate filings in four separate places, and the business that has done one of them generally believes the product is covered.

Not out of carelessness. Each of the four is sold separately, explained separately and invoiced separately, and nobody in the chain is responsible for pointing at the other three.

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The hour of listing that nobody spends

Which is why the single most useful thing in this entire guide costs an hour and needs nobody qualified.

Take your product. Write down everything about it that somebody might copy — the shape, the name, the logo, the leaflet, the photographs, the packaging art, the mechanism, the listing text. Against each, write which register it belongs in and who in your business owns getting it done.

  1. One line per copyable thing.
  2. Which of the four places it belongs in, or none.
  3. Whether it is filed, not filed, or nobody knows.
  4. A name — a person, not a department.

Most businesses discover two things they assumed were covered and one they had never considered. We have yet to run it with a business and come away with nothing.

The disclosure question we hand off

And there is one question in this area that we will not discuss in general terms at all, which is unusual for us and deliberate.

It is the effect of having already shown the product — at an exhibition, to a buyer, on a listing, in a deck, to a factory. That question has a real answer, the answer depends entirely on what was shown and to whom and when, and a general statement about it is one of the few things on a page of this kind that can do direct harm.

So we say only this: it is the first thing to raise with a patent and design attorney, with dates, before anything else is decided. Our page on the patent route sets out at length why this category of question is treated with the care it is. Read that one rather than looking for a rule here.

The order of operations

The working half of this, laid out in an order that does not double back on itself.

  1. Sort the product into the two piles — features somebody chose, features the function compelled — while the people who made those choices are still available to ask.
  2. Write the disclosure timeline with dates: first sketch, first supplier sample, first external showing, first sale.
  3. Collect every image and file that exists anywhere, including on a supplier’s machine and in old decks.
  4. Write down who contributed to the appearance, by name, inside and outside the company.
  5. List which part of the product belongs in which register, with an owner against each.
  6. Put all of that in front of a patent and design attorney, who decides registrability, scope and strategy.
  7. Have the views drawn for the purpose — not adapted from marketing files.

Steps one to five are ours and are where the time goes. Step six is short because of steps one to five. Step seven is where the quality of the eventual right is actually determined.

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Before you show anybody

With one internal habit we recommend to every product business, independent of any legal position.

Make it a rule that nothing new goes in front of anybody outside the company until somebody has decided whether something should be filed first. Not a committee. One named person and one question.

Deciding that order is nearly free. Discovering you got it wrong is not, and the whole category of problem disappears for the cost of a sentence in a process document.

What to do if you already have

Most readers get here after two years of selling the thing. For them this section is shorter and points somewhere else.

Do not file anything yet, and do not let the question of what you showed and when get lost. Put the timeline together with dates and put it in front of an attorney as the first item rather than the last. Whatever the position is, it is better known than guessed at, and it is a determination rather than something you can reason your way to.

What is also true is that the exercise is worth doing regardless, because the next product is coming and the habits are what carry over.

What not to do with the number

One more caution, about the period after a registration comes through, which is when a different kind of mistake starts.

And anything to do with enforcement belongs with an advocate from the first letter, not from the second.

What this page does not decide

An explanation can be mistaken for an answer. This page explains a structure and it decides none of the following.

Our part sits before all of those and is deliberately narrow: we make the material complete enough that the people who do decide can decide quickly.

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Six quiet failures

Six patterns, drawn from the design files that have come across our desk. Each was avoidable by talking to somebody first.

What was doneWhat it cost
Filed using the marketing rendersGloss and shadow hid two defining edges
Registered the appearance as a whole, never sorted the featuresThe valuable part turned out to be the functional part
Three views, all from the front and sidesThe copied feature was on the underside
One registration for a family of sixCould not act against a copy of one sibling
Shape filed, name never filedCompetitor took the name, which was the asset
Designed jointly with a supplier, nothing in writingOwnership became the dispute, not copying

Three of the six are the drawings. Two are the map of which register holds what. One is a missing paragraph in a supplier arrangement. None of the six is about the law being hard.

The fortnight that decides a decade

Which is the case for doing the unglamorous half properly, put as plainly as we can.

A registration lasts a long time and its width is fixed at the start. Everything that determines that width — which features were chosen, what the views show, whether the family was understood, which register holds which part — is settled in the two weeks before anything is filed.

Two weeks of preparation, then a right you live with for years. The variance in this area is almost entirely in those two weeks.

Who rings us about this

Design enquiries arrive in a few recognisable forms, and the form tends to predict how much can still be done.

The second and the last are the cheapest files we handle. The fourth is the one where there is least we can do, which is why this page is written the way it is.

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What we pull into order

Our own part is reading, asking and assembling — and it ends before any judgement is made.

  1. Go through the article feature by feature with whoever designed it, and record each feature as chosen or compelled, with the reason in a line.
  2. Build the disclosure timeline with dates, from first sketch to first sale, and name the evidence for each date.
  3. Collect every representation that already exists — renders, CAD, photographs, samples, supplier drawings — and list what is missing for a proper set of views.
  4. Record who contributed to the appearance, by name, and what paperwork exists with each of them.
  5. Map the product across the registers, with an owner and a status against every line.
  6. Sort the range into scaled versions and genuine siblings, so the family question can be answered quickly.
  7. Hand the complete file to a patent and design attorney, and keep a copy where it will still be findable in five years.

Nothing in that list is a determination. All of it is why the determination takes one sitting instead of four.

The date we will not move

And one thing we decline to do, which comes up on design files more than on most.

We will not write a date on anything other than the day it was made, and we will not help a timeline read better than it is. Not a development note, not a sketch sheet, not a supplier confirmation, not a declaration of when something first appeared.

On this subject the temptation is unusually strong, because dates matter so much here and because the correction is so small. It is also the one area where a tidied date stops being an administrative shortcut and becomes a statement somebody relied on — and the attorney relying on it is the person it damages first.

What belongs to the attorney

Read the right-hand side of this and notice that none of it is ours. That is the arrangement, not a disclaimer.

QuestionWhose
Is it registrable?Patent and design attorney
Is it new?The same
What do earlier showings do to it?The same, and first
One filing or several?The same, as strategy
What do the views need to show?The same, with a draughtsman
Has somebody infringed?An advocate
Who owns it, after a joint development?An advocate, on the documents

Court work is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it.

What we will not opine on

Stated once more at the point where it matters, because this is where clients most often try one more time.

Not registrability, not novelty, not scope, not infringement, not value, not the effect of prior showing. Those come with professional responsibility attached and the responsibility is the point — it is what makes the answer worth having.

What we will say is whether your file is complete, and what is missing from it. That turns out to be most of what holds these matters up.

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Our fee on a design file

For getting a design file into a state somebody can act on — sitting with whoever designed the article and sorting the appearance feature by feature into what was chosen and what the function compelled, with the reason recorded against each while the people who made those decisions can still be asked, building the disclosure timeline with dates and naming the evidence behind every date, gathering every render, CAD file, photograph, sample image and supplier drawing that exists anywhere and listing precisely what is missing for a proper set of views, writing down by name everybody who contributed to the appearance and what paperwork exists with each of them, mapping the product across the registers with an owner and a status on every line, sorting your range into scaled versions and genuine siblings so the family question can be answered in a sentence, and leaving the whole set somewhere it will still be findable in five years — the fee is ₹7,999. Of the 30 – 90 days quoted, our own share is days; the rest is an office working and an attorney corresponding.

Billed on their own, with the reason:

Said without decoration: the fee buys a sorted product rather than a filing. Any agent can submit papers. What decides whether the right is worth anything is which features were identified as chosen, and what the views were drawn to show — and both of those are settled before an attorney starts.

What follows registration

And a word on the period after, because people treat registration as the end of the subject and it is closer to the middle.

A design right has dates on it, and dates are the thing businesses lose. It can be assigned, and an assignment that was never documented turns up during a sale. It can be licensed, and a licence with no written scope is a dispute waiting for a reason. And the range keeps growing, which means the family question comes round again with every product.

The appearance was the hard part to create. The file is the hard part to keep — and the file is what anybody will actually ask you for.

The opposite case, and worth seeing beside this one. A design right excludes other people; a product number merely lets strangers’ systems name the same item. Why a barcode protects nothing at all — and why a business that filed one and nothing else believes its product is covered.

Sort the chosen from the compelled, before anybody files anything

We sit with whoever designed the article and separate the features somebody chose from the features the function compelled, with the reason recorded against each. We build the disclosure timeline with dates and evidence, gather every image and file that exists and name what is missing for a proper set of views, record who contributed what and on what paperwork, map the product across the registers with an owner on every line, and hand a complete file to a patent and design attorney. We do not decide registrability, novelty, scope or infringement, and we print no section, period or official fee.

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Tis Hazari Court Complex, New Delhi, Delhi 110054

Why this page is written the way it is, and what it refuses to contain

Missing from this page: the governing provision, the term of protection, any official fee, any class or classification detail, any form or portal step, any view on whether a particular design is registrable or new, any assessment of scope, any opinion on infringement, and any general statement about what earlier showing of a product does to a filing. For a page about a specific registration that is a long list of absences, and the reasons behind them are not all the same.

Three different reasons, in ascending order of seriousness. The fees, forms and classification detail go unstated because they get amended, and a page asserting them firmly will be read long after the amendment — the ordinary reason, and the least important one. Registrability, novelty and scope are left out because they are determinations: they are made on a particular design, against particular material, by somebody who carries professional responsibility for the answer, and a reader who found a general version here would act on it instead of obtaining one. The third reason is narrower and stronger. The question of what earlier showing does to a position is the one question in this area where a general rule on a web page can cause direct and irreversible harm, because it will be read as reassurance by exactly the business that most needs to be worried. So we hand that one across entirely, with no summary, no shape and no “broadly speaking”, and we point at the page where the care it deserves is explained at length.

Set the omissions aside and what is left is the structure, which does not change when a fee schedule does. That this register is about appearance and nothing else, and that four separate questions about one product are answered in four separate places. That a design right attaches only to the features that did not have to be that way — so the question for every feature is whether a competent designer had a real alternative, and the part you worked hardest on is frequently the part you cannot have. That the exclusion of functional shape is load-bearing rather than accidental, because owning a compelled shape would be owning the function through a register that never examined it. That the representations are not evidence of the right but the right itself, which makes the views a permanent ceiling and makes a marketing render a poor foundation. That copying is weighed through an ordinary purchaser’s eye rather than by measurement, which is unusual and means your own commercial judgement is worth something here. That the right is tied to a design as applied to an article. And that the thing most businesses actually want protected — the feel of the product — is a sum of parts and is registrable nowhere as itself. None of those sentences depends on a number.

If one paragraph here earns its keep, it is the listing exercise. If one paragraph survives, let it be that one. Write down everything about your product that somebody could copy, put the right register beside each line and a named person after it, and mark whether it is done. It takes an hour, it needs nobody qualified, and in our experience it has never once failed to turn up something the business believed was handled and something it had never thought about. The filings that follow are better because of it; the business is better protected even in the year before any of them happen.

What to use instead of this page. A patent and design attorney or registered agent for registrability, novelty, the views, the family strategy and above all the prior-showing question, which goes first. An advocate for anything contested and for ownership where a joint development was never papered. Your own design team, while they still remember which choices were choices — that material has a short shelf life and nothing recovers it. Your supplier’s own files, which contain dates nobody in your office has. And the product itself on a bench next to your competitor’s, looked at the way a buyer looks rather than the way an engineer does, because on this one subject that is close to the test that matters.

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Questions people actually ask

We have designed a product and we want to protect how it looks. Is that what this is?
It is, and the boundary is sharper than most people expect. This register is about appearance and nothing else — shape, configuration, pattern, ornament, the arrangement of lines and colours. It is not about what the thing does, how it works, what it is called, or how well it is made. Every one of those belongs somewhere else, and a product that needs all of them needs more than one filing.
So what exactly is being protected?
The part you chose. A design right attaches to the features of appearance that did not have to be that way, and to nothing beyond that. If a feature is there because the product could not have worked otherwise, it sits outside what this register is capable of giving you — however much effort went into it, and however distinctive it feels to you.
Why would the functional part be excluded? That is the part we worked hardest on.
Because of what the exclusion is preventing. If a shape that function compelled could be owned, then owning the shape would mean owning the function — and nobody else could make the thing work at all. Function is protected by a different route or by none, and this register deliberately refuses to be a side door into it. It is worth knowing early, because it decides what a competent filing looks like.
How do we tell which features are functional and which are chosen?
One question, applied feature by feature. Did this have to be this way? If the answer is that no competent designer had any real alternative, you are looking at the functional half. If a dozen other shapes would have worked equally well and somebody picked this one, you are looking at the half that can be yours. That exercise is the actual work in a design file, and it is the part nobody does before filing.
Can you tell us whether our product qualifies?
No, and a page that offered to would be doing you harm. Whether a particular design is registrable is a determination, made on the design itself, against what already exists, by somebody qualified to make it — a patent and design attorney or a registered agent. We get the material into a state where that person can decide in one sitting rather than four, and we are clear about not being that person.
What is actually filed? A description?
Representations — which is to say pictures. And that fact has a consequence worth sitting with: the drawings are not evidence of the right, they are the right. What you own is what the views show, no more. A feature that is not visible in any view is not in the registration, and no amount of explanatory wording elsewhere widens it.
Can we add words to make the scope broader?
Not in the way people hope. Wording can clarify what a view is showing and can disclaim parts of it. It cannot extend the right past what the representations depict. We see a great many filings where somebody tried to write their way to a wider monopoly, and the writing did nothing at all except make the file longer.
Does that mean a bad set of drawings is permanent?
In practical terms, yes, and this is the single most expensive avoidable mistake in the subject. The views you file set a ceiling you cannot raise later. If a defining feature is obscured, or shown from only one angle, or lost in a shaded rendering, the registration is narrower than the design — and the gap is invisible until the day somebody copies the feature you failed to show.
Who should prepare them?
Somebody who does this specifically, which usually means a patent and design attorney working with a draughtsman, not the person who did your product renders. Marketing renders and registration views are different documents with different purposes — one is made to flatter the product and the other to define a boundary. Beautiful renders make poor representations more often than not.
How is copying actually judged?
By the eye of an ordinary purchaser, not by measurement. The question is whether somebody buying this kind of thing would be deceived or confused, looking at the two products as a buyer looks at them. Not whether a technical comparison of dimensions finds differences. There are almost always differences; the test does not care about the ones a buyer would never notice.
That sounds unusually practical for a legal test.
It is, and it is one of the reasons this area is worth understanding rather than delegating entirely. In most registers the office’s test and the market’s test are different questions. Here they are close to the same question, which means your own judgement about whether two products look confusingly alike is worth something — and means a competitor’s small, technically real changes may not help them at all.
So small differences do not help a copyist?
Sometimes they do and often they do not, and the distinguishing factor is whether the difference is one a buyer would register. What is weighed is the overall impression, not a checklist of features. A copyist who moves a vent, changes a radius and keeps everything a buyer actually looks at has not necessarily escaped anything. A copyist who changes the thing you see first may have.
Does it matter whether they copied deliberately?
Far less than people assume, and this surprises both sides. The comparison is between the two appearances, not between the two intentions. Somebody who arrived at a similar appearance independently can still be on the wrong side of a registered design, and somebody who copied in bad faith may still be outside it if the appearance is sufficiently different. Intention is a question for an advocate and it is rarely the main question.
Is the right attached to the design, or to the product?
To the design as applied to an article, which is a distinction worth taking seriously. The same shape on a different kind of article may be outside your registration, and that is not a loophole somebody left open — it is how this register is constructed. A great deal of planning follows from it, which is why the first conversation is about what you actually sell and what you might sell next.
We make the same shape in six sizes and three materials. Is that one design or six?
That is precisely the question to put to an attorney before filing anything, because the answer shapes the whole strategy. Variants are sometimes one design and sometimes several, and the choice has cost and scope consequences in both directions. Filing one registration for a family you will later want to enforce separately is cheap now and expensive later; filing six where one would do is the opposite error.
What cannot be protected here at all?
The things most founders arrive wanting, which is why this is worth saying plainly. The feel of a product. Its quality. Its name and logo. Its instruction manual. Its mechanism. Each of those is real and each is somewhere else — a trademark for the name, copyright for the manual and artwork, a patent route for the mechanism. Nowhere protects the feel as such.
So one product might need four separate filings?
Routinely, and nobody tells people this at the start. The shape in one register, the name in another, the written and graphic material in a third, the mechanism on a fourth route if it is there at all. The commonest failure we see is a business that filed one of the four and believes it has covered the product. Mapping which part sits where takes an afternoon and buys more than anything else you will spend money on here.
We have already shown the product at an exhibition. Does that matter?
It can matter a great deal, and it is the one question on this subject we will not answer at all. Whether earlier showing has affected your position is a determination, not a general rule, and it depends on what was shown, to whom, when and under what terms. Put that in front of a patent and design attorney before you do anything else — our page on the patent route explains why this kind of question is treated so seriously.
Should we file before we show anybody, as a rule?
As a working habit for a business, yes, and we would say that regardless of the legal position. Deciding the order between showing and filing is cheap; discovering you got it wrong is not. A simple internal rule — nothing new goes in front of anybody outside until somebody has decided whether a filing comes first — costs almost nothing and removes the whole category of problem.
What if we have to show a factory or a supplier first?
That is an ordinary situation and it is handled with paper rather than by hoping. A confidentiality arrangement before anything is sent, and the terms of the manufacturing relationship settled in writing — a job work arrangement or a vendor agreement. Showing a counterparty under terms is a different act from showing the market, and the difference lives in the document.
Our supplier says they developed the shape with us. Who owns it?
Whoever the paperwork says, and when there is no paperwork this becomes the most expensive question in the file. Joint development with no written position on ownership is how a design ends up belonging to somebody you did not expect, or to nobody usefully. It is settled in advance in a line or two and is close to unsettleable afterwards without an advocate.
Realistically, how long before we have anything?
Our own part is short — a reading exercise and an assembly exercise, usually days. Then 30 – 90 days is the realistic span for the rest, and almost all of it is an office working and an attorney corresponding. What actually delays design files is not the office. It is the drawings, and specifically a second and third round of them because the first set did not define what the business thought it did.
What are we paying you for, exactly?
Ours is the preparation, and it is deliberately the unglamorous half. We go through the product feature by feature and record which parts were chosen and which the function compelled, so that somebody qualified is not starting from a blank page. We list everything about the product that sits in another register, with an owner against each. We collect what already exists — renders, CAD files, photographs, supplier correspondence, the development history — and tell you where the gaps are. We put the disclosure timeline in order with dates. And we write down who contributed what, while people still remember. What we do not do is decide anything, and the next answer says so exactly.
Be specific about what you refuse to answer.
At every judgement. We do not say whether your design is registrable, whether it is new, how broad your scope would be, whether a competitor infringes, or what any of it is worth. Those are an attorney’s and an advocate’s, and they carry their own professional responsibility for them. We also print no section, no period, no official fee and no class detail on this page, for reasons we set out at the end of it.
What should we have found before the first meeting?
Three things, and they are all retrieval rather than decision. Find the development history — dated files, sketches, emails, anything showing when the appearance settled. Find every image of the product that exists, including the ones on a supplier’s laptop and in an old deck. And write down who worked on the appearance, inside and outside the company, by name. With those three in hand the whole exercise is short; without them it is three weeks of asking people what they remember.
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