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What is a design patent?

What is a design patent?

04-Nov-2025

Patent

Answer By law4u team

A design patent (called a design registration in India) protects the unique visual appearance or aesthetic features of a product, rather than its functional aspects. It safeguards the way a product looks — its shape, pattern, color, or ornamentation — as long as it is new and original. What is a Design Patent? It grants exclusive rights to the creator to use, sell, or license the design for a certain period. It prevents others from copying or using the same design without permission. It focuses on the external appearance and not the technical or functional features of the product. Key Features of Design Patent: Protects the ornamental or aesthetic aspects of a product. Does not protect the functionality or structure of the product. Valid for 10 years in India, extendable by 5 more years. Commonly applied for products like furniture, textiles, jewelry, packaging, gadgets, and vehicles. Difference from a Utility Patent: A utility patent protects how something works or its functional innovations. A design patent protects how something looks. Legal Framework in India: Design patents are governed by the Designs Act, 2000. The design must be new and original and not previously published or used anywhere in the world. Example: If you create a new and unique shape for a smartphone cover or a distinctive pattern for a fabric, you can apply for a design patent to protect its look.

Answer By Ayantika Mondal

Dear Client, Design Patent is an intellectual property that safeguards the aesthetic look of a product of manufacture. Consider it as a protection to your product appearance and not that of your product. The Crux of the Protection: It includes the form, structure, or the surface decoration- the material that makes your product look different (in the case of the Hershey Kiss, the spiral form, or in the case of a specific phone, the round corners). Unless the design is determined by pure functionality, it is not acceptable. Considerable Differences with a Utility Patent: • Utility Patent: Safeguards function ("How it works). Lasts 20 years. • Design Patent: Guards appearance (How it looks). Expires after 15 years of grant (in U.S.) and it does not need maintenance fees. In order to acquire one, one applies which mainly involves professional drawings that outline the precise scope of protection. This renders the application process to be relatively less time consuming and low in cost as compared to a utility patent. I hope this answer helps; if you have any further questions please don't hesitate to contact us. Thank you

Answer By Anik

Dear Client, A design patent is a kind of intellectual property protection given to the appearance or aesthetic characteristics of a product, such as its shape, pattern, ornamentation, or overall look. A design patent does not provide any protection to any technicalities of the product like how it works; it only protects how it looks. In India, the governing legislation for a design is not the Patents Act, 1970. Instead, such protection is given by the Designs Act, 2000. Some major conditions required for a design patent is given under Section 4 of the Act – 1. The design must be new and original. 2. It must relate to features of shape, configuration, pattern, or ornamentation of the product in question. 3. It must have some capability for industrial application. Once a design patent is registered, the creator gets exclusive rights to use the design and commercially apply it. This protection lasts for a duration of 10 years, which is extendable by 5 more years beyond it. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.