How to Register a Design in Bihar : Process, Fees, and Benefits

• Exclusive Rights and Legal Protection : The registration process provides legal protection together with exclusive rights which last through a specific time frame. Your design rights stay exclusive for a specific period so other people cannot use your design without your authorization. You have the authority to protect your design through legal action when another person tries to duplicate it.


• Preventing Design Theft :  A registered design creates a barrier against unauthorized copying by others. People understand that unauthorized use of protected designs results in legal consequences which makes them avoid such risky behavior.


• Financial Benefits :  Design ownership grants financial benefits to the owner. Licensing your design to others enables you to generate a continuous source of income. A legally protected design will enhance your business value whenever you decide to sell it.


• Strengthening Your Brand :  Your brand identity becomes stronger through the application of a registered design. Your business demonstrates its commitment to original work through distinctive design ownership which separates you from competitors. Your brand will gain more customers while building trust with them through your registered designs.


• Global Protection :  The protection of your work across international borders becomes possible through design registration when you plan business expansion. The registration process protects your intellectual property worldwide and prevents legal complications which ensures the safety of your ideas across borders.


• Attracting Investors :  Businesses with registered designs find it simpler to obtain investor interest. Businesses that have legally protected assets gain preference from investors because they reduce risks and boost company value.


• Preventing Fake Copies :  Design registration provides you with enhanced capabilities to combat counterfeits. Your protected design enables you to immediately act against unauthorized use by others.

When it come to patent protection ,people tend to mix up design patents with utility patents although these patents protect distinct aspects of inventions. The legal protection offered by both patents exists but applies to different elements of an invention.

• What is a Design Patent? 
  A design patent safeguards the unique features of products instead of their operational capabilities. The protected elements consist of the product's shape together with its configuration and surface decoration and its total visual presentation. The right choice for protecting visual appearance instead of functional aspects is a design patent.
• Example: Consider a smartphone. A company should seek a design patent to stop others from replicating their visually distinct curved screens and button placements or specific designs. The patent does not extend to cover the operational aspects of the device.


• What is a Utility Patent? 
  A utility patent safeguards the operational aspects together with structural elements and processing methods of an invention. The patent describes both operational aspects and technical advancements along with the relationships between system components. A utility patent should be selected when the main distinctive elements of an invention involve mechanisms or operational methods or technological aspects.
• Example: A utility patent would safeguard the processor technology and advanced battery-saving algorithm along with fingerprint sensor mechanism and new camera lens type in a smartphone. The patent prevents others from utilizing the protected functional innovations without permission.

• If your product’s uniqueness is in its appearance → Apply for a Design Patent.


• If your product’s uniqueness is in its functionality → Apply for a Utility Patent.

In some cases, a product may qualify for both patents. For example, an innovative smartwatch might have a distinctive outer design (covered by a design patent) and a groundbreaking health-monitoring algorithm (protected by a utility patent).

Understanding these differences helps businesses and inventors make the right choice when seeking patent protection.

1. Basic Application Forms & Documents
   Form-1 — (Application for Registration of Design)
   • The application form must follow the specifications outlined in Schedule-II of the Designs Rules
   • Should include:
     • The document requires the applicant to provide their name together with their address and their nationality.
     • Name of the article
     • The application requires the Locarno Classification-based class number.
     • Address for service in India
   • The document requires a signature from either the applicant or their authorized representative.
   Representations of the Design (as per Rules 12, 13 & 14)
   • Submitted in duplicate (2 copies)
   • The design presentation needs to display multiple angles, including top view and front view and side view, and more.
   • Format:
     • On durable A4 size paper (210mm x 296.9mm)
     • No descriptive text, sectional views, dimensions, or technical details
     • Should clearly highlight the novelty of the design
   • Digital representations (computer graphics, photographs, tracings) are allowed
   • The representation must show how the design affects every part of the article set when it applies to multiple articles.


2. Power of Attorney (If Required) Form-21 (Power of Authority)
   • Required if the application is filed through a Patent Agent or Advocate
   • If submitting a copy of a General Power of Attorney (GPA), it must be endorsed with the design application number linked to the original GPA


3. Small Entity Status (If Applicable) Form-24 (Declaration for Small Entity)
   • If the applicant is claiming "small entity" status, submit:
     • MSME Certificate (for Indian applicants, proving registration under the MSME Act, 2006)
     • Affidavit (for foreign applicants, as per Rule 42 of the Designs Rules)


4. Priority Claim (If the Design Was First Filed in Another Country) Original Priority Document (under Rule 15 of the Designs Rules)
   • Required only for Convention Applications (where the same design was first filed in a foreign country)


5. Assignment Documents (If Applicable) Assignment in Original
   • If the Indian applicant is different from the foreign applicant who first filed the design, a legal assignment document is required


6. Physical Submission of Documents (For E-filing Applicants)
   • If the application is filed electronically, the original paper copies must be submitted within 15 days as per Rule 3 of the Designs Rules

Obtaining design registration in Assam serves to protect the distinctive appearance of your product. Design registration in Assam demands precise execution since the system has strict standards for originality and demands accurate design representation and proper application filing, and official review responses. Designers need to exercise extreme caution when processing their applications because even minor mistakes can lead to application delays or rejection.

At Litem Legalis, we provide expert assistance to simplify the entire registration process for all users. Our team understands all legal requirements for design registration in Assam procedures and helps your application meet these requirements. Our company provides customized registration solutions which make the process easier for single designers and startups as well as established businesses.

Legal complications should not effect the pace of your innovative work. Contact our team right now to protect your designs while enhancing your brand's market leadership.