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Design and Patent Filing
A patent can protect a qualifying invention’s technical subject matter, while a registered design protects qualifying visual features of an article; novelty strategy must be settled before public disclosure.
Last Reviewed: 29 July 2026
Next scheduled review: 29 October 2026
Reviewed by: IndiaBusiness.ai Editorial
Who it’s for
When you may not need it — Do not file simply to obtain “patent pending.” Prior art, excluded subject matter, ownership, commercial value and disclosure risk should be reviewed first. Trade-secret protection may be preferable where secrecy is sustainable.
Verified at-a-glance facts
| Fact card | Patent | Registered design |
|---|---|---|
| Core protection | Qualifying invention | Visual features judged by the eye |
| Provisional follow-up | Complete specification within 12 months | Not applicable |
| Examination request | Current patent rules generally require within 31 months from filing/priority, whichever is earlier | Examination occurs under design procedure |
| Maximum term | 20 years from patent filing, subject to law/fees | 10 years plus possible 5-year extension |
| Novelty | Public disclosure can be fatal, subject to narrow statutory exceptions | Same practical warning: file before disclosure |
Key facts table
| Question | Patent route | Design route |
|---|---|---|
| Protects how it works? | Potentially | No |
| Protects appearance? | Only incidentally to technical claim | Yes, if registrable |
| Search focus | Patent/non-patent prior art and claims | Prior visual designs/articles |
| Drafting | Technical specification and claims | Representations, class and novelty statement |
| Publicity | Coordinate filing first | Coordinate filing first |
Process
Step 1
Record invention/design, contributors, dates, disclosures and ownership.
Step 2
Execute confidentiality and assignments.
Step 3
Conduct appropriate prior-art/design search and patentability/registrability review.
Step 4
Select provisional/complete, design, India/foreign and priority strategy.
Step 5
Draft and approve filings; submit through authorised IP professional where engaged.
Step 6
Track publication, examination, objections, hearings, grant/registration and fees.
Step 7
Maintain annuity/renewal and portfolio-commercialisation records.
Documents needed
- Inventor/author and applicant KYC/entity details.
- Technical description, drawings, embodiments, advantages and alternatives.
- Design representations from all required views.
- Disclosure/publication/sale history.
- Employment/assignment and funding/collaboration agreements.
- Priority and foreign-filing details.
What IndiaBusiness takes care of
- Intake, ownership and disclosure-risk control.
- Search/drafting coordination with registered patent agent/IP counsel.
- Deadline docket and document collection.
- Commercial portfolio summary; no patentability or grant guarantee.
Questions founders ask
Can I publish or pitch before filing?
Public disclosure can destroy novelty. Use NDAs where appropriate and obtain filing advice before disclosure.
Does a provisional application become a patent?
No. It secures a filing position only if followed by a compliant complete specification within the statutory period.
Can software be patented in India?
Computer program “per se” is excluded; patentability depends on the actual technical contribution and current law. Obtain specialist analysis.
Does design registration protect function?
No. It protects qualifying visual features, not the underlying functional principle.
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Primary sources
Information is general and reflects sources reviewed on the date shown. Eligibility, documents, fees, timelines and outcomes depend on the applicant’s facts and the current law, authority portal or platform policy. IndiaBusiness provides advisory and execution support; approval and enforcement decisions remain with the relevant authority, certification body, platform, bank or other decision-maker.