Walk into any store. Look around. What catches your eye? A sleek water bottle with a geometric pattern. A lamp with a sculpted base. A phone that looks like art in your hand. It's not just the function of these products that matter. It's also how they look. But here’s the legal twist: can you protect that look? What if someone already owns the patent for how the product works? Can you still get protection for how it appears?

In India, the answer lies not in the Patents Act, but in the Designs Act, 2000. Let’s decode this step by step.

First, Know This: Design Law ≠ Patent Law

In India, "design patents" and "utility patents" fall into two different forms of protection (unlike in the U.S., where "design patents" and "utility patents" are often bundled together).

If you want to protect how something works, use the Patents Act, 1970. But if you want to protect how something looks (e.g., the shape, the pattern, the surface, or the composition), then the Designs Act, 2000 is your law! Two acts. Two protections. Two strategies. Keep that in mind.

So What Does the Designs Act 2000 Cover?

The Designs Act, 2000 protects the visual features of products. It covers shape, configuration, pattern, ornament, or composition of lines or colors. These features must be applied to an article by an industrial process. The design must appeal to the eye. It should not be functional or mechanical. Only new and original designs can be registered. The design must not be published in India or abroad before. Once registered, the owner gets exclusive rights over its use. The protection lasts for ten years. It can be extended by five more years. If someone copies the design, the owner can take legal action. Section 22 allows for injunctions and compensation for infringement. Functional designs or those under copyright or trademark laws are not protected. The Act gives businesses a simple way to secure their product’s appearance. It helps them stand out in the market without copying. Let’s break it down.

Lets dive into what is Patent Act 1970

The Patents Act, 1970 is the main law to protect inventions in India. A patent of the right in respect of an invention gives exclusive rights to an inventor in respect of new products or processes that involve an inventive step and can be made or used in industry. The invention must be novel, not have been obvious to a person skilled in the art and useful in industry. The patent right does not protect everything, patents cannot be granted over; laws of nature, abstract ideas, algorithms, methods of doing business, or traditional knowledge as stated in Sections 3 and 4 of the Patents Act, 1970.

Patent applications can be made by the inventor, consigner or legal representative of the inventor and serve by giving a specification (provisional and complete specification) explaining the invention. Once patent applications are made, they are published, examined and if they comply with the act, they are granted for a term of twenty years, beginning with the filing date, or after they are accepted in the case of a completed specification. .

After a patent has been granted, it can still be challenged in opposition proceedings, or it may lapse for various operations, including non-furnishing the required information or signifying patenting of an invention that cannot be used due to lack of novelty. The Patents Act of 1970 contains provisions which ensures that once a patent is granted the patented invention will be worked in India and made available to the public, the Act also contains authority for compulsory licensing in certain cases, as well.

Overall the Patents Act struck a balance between the rights of inventors and the public interest, permitting inventors limited monopoly for a period of time, encouraging companies to innovate and ensure that monopolies are not abused.

What’s Considered “Functional” vs “Ornamental”?

Let’s say you invent a new type of umbrella.

●     The mechanism that allows it to open and close quickly? That’s functional. Covered by the Patents Act.

●     The spiral pattern on the outer surface? That’s ornamental. Covered by the Designs Act.

The difference lies in what the feature does.

●     If it makes the product work better then it’s functional.

●     If it makes the product look better then it’s ornamental.

You cannot protect the same feature under both laws.

Can You Register a Design if the Function is Already Patented?

Here’s where it gets interesting.

Suppose a company has a patent for a collapsible drinking cup. It is the way it folds, locks, and expands, that is patented. Now you create a totally different design of the same cup. Maybe it's minimal. Maybe it's inspired by nature. Can you protect that design? You can, under the Designs Act. Your design must be:

●     New and original

●     Not previously published in India or outside.

●     Not already registered.

●     Not functional in nature.

Your design must not interfere with the function of the original patent. But if the function is already patented by someone else and you are just changing the design? Sure you can register your design

.

But Wait- Can You Sell That Product?

Here’s the legal twist. Just because you can register the design doesn’t mean you can use it freely. If the original utility is still protected by a patent, you can’t manufacture or sell the product unless:

1. You also own the utility patent; or
2. 
   
3. 
   
4. You get a license from the utility patent holder.

Design registration doesn’t override patent rights. So while your design rights may be strong, you must still respect the functional rights of others.

What if the Function is in the Public Domain?

Now let's examine a more favorable situation. Assuming the original patent for the functionality of a product has expired, and is in the public domain. Anyone can use it. You create a really cool and new design for that same product. A new appearance. A new style with a bit of twist. Now you can register that design under the Designs Act. Manufacture and sell the product with no utility rights to infringe. No licences. This is where the protection of design becomes a powerful business tool.

Real-Life Example: The Folding Chair

Imagine a folding chair.

1. The folding mechanism was patented 20 years ago. That patent has now expired.
2. 
   
3. 
   
4. You design a modern, sleek, ultra-light frame that looks amazing.
5. 
   
6. 
   

You can now Protect your new design, Manufacture and sell folding chairs, Build a brand on visual appeal. Design registration gives you a monopoly on the look. Not on the function. And that’s where the magic happens, form meets market value.

Why You Should Do a Design Search Before Filing

It’s not mandatory. But it’s smart. Before filing a design registration, conduct a search. Only To avoid wasting time and money on already existing designs, to avoid rejection by the Designs Office, to strengthen your chances of registration, to avoid infringing someone else’s rights. You can use certain mentioned portals for quick checks. You can also opt for legal help for better understanding and process. A design search is your first step to strategic IP.

●     IP India Design Search Portal

●     WIPO Global Design Database

What Happens if Someone Copies Your Registered Design?

Let’s say you’ve registered your design under the Designs Act. Six months later, a rival launches a product that looks exactly the same. What now? You can take legal action. Section 22 of the Designs Act provides for:

●     Injunctions.

●     Seizure of infringing goods.

●     Monetary damages up to ₹25,000 per design infringement, and up to ₹50,000 in total.

You can block competitors from copying your look even if they make small changes. This isn’t just protection. It’s leverage.

How Long Does a Design Registration Last?

With an initial 10 year term that is extendable by another 5 years, you gain 15 years of exclusive rights to your product's appearance which is a substantial amount of time to build a strong market share, brand identity, and visual association.

Can You Combine Both: Patent + Design Protection?

Absolutely yes. Let’s say you invent a new tech gadget. You patent the functionality which is the tech inside. You also register the design i.e the look and feel. Now you have two layers of protection:

●     Utility patent: Keeps competitors from copying how it works.

●     Design registration: Stops them from copying how it looks.

This dual protection is the gold standard in product strategy. It’s not just about innovation. It’s about how you defend it.

Is Design Protection Useful for Startups?

Yes. Immensely. Most startups can’t afford long patent battles. But design registration is faster, costs less, Offers strong brand defense and Blocks copycats. If your startup is building a consumer product for example may include a bottle, case, wearable, decor, gadget etc then design protection is your fastest legal armor. It’s your way to look professional and stay protected.

Final Word: Innovation Isn’t Just About Function it’s About Form

Design is more than just decoration. It tells your story. It builds your identity. It turns utility into desire. And in India, the law supports that. The Designs Act lets you lock in rights over how your product looks even when someone else has locked in how it works. Two different protections. Two different acts. One powerful IP strategy.

In today’s competitive market, protecting both the look and function of your product isn’t just smart, it's essential. As explained throughout this blog, India’s Patents Act and Designs Act offer two distinct but complementary paths to safeguard your innovation. But navigating these legal routes can be complex.

That’s where SolvLegal comes in.

From conducting prior searches and filing applications to securing design registrations and patents, SolvLegal offers end-to-end support tailored for startups, creators, and growing businesses. Whether you're giving a fresh look to a public domain product or innovating something entirely new, we help you protect it legally and strategically.

 Visit www.solvlegal.com to get started with smarter IP protection. Don’t just create, simply own it.