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AshuTrustIP & Corporate Law
Design

Design Search and Novelty Assessment

A design has to be new and original on the day you file. The register is searchable, prior art is public, and the government fee is not refundable — which makes searching first the cheapest step in the whole process.

  • Designs Register and prior art searched
  • Written novelty opinion, not a raw list
  • Class and sub-class identified under Locarno
  • Self-disclosure risk assessed honestly
See pricing
2,400+Applications filed94%Objections resolved
Government fee from
Nil
Our fee from
₹4,999
Typical timeline
1–2 days
Overview

What a design search can and cannot tell you

Why it matters

What design search gives you

The practical advantages, not the marketing version.

Avoid a non-refundable filing

Design application fees are not returned when the application fails. Searching first is far cheaper than filing blind.

Know your prior-disclosure position

We ask what you have already shown publicly, because that is usually the fatal issue rather than a third-party design.

Correct class from the start

The Locarno class and sub-class are identified, which determines the scope of the search and the filing.

Design-around guidance

Where a close prior design exists, we identify what would need to change to be significantly distinguishable.

Evidence for later disputes

A documented pre-filing search supports your position if the registration is challenged for want of novelty.

Honest go / no-go

Where the design is not registrable, you are told before you spend, including when the honest answer is copyright or trademark instead.

How it works

The process, step by step

Every stage, with realistic timelines — including the ones that depend on the registry rather than on us.

  1. 11–2 days

    Understand the article

    We look at the product, the features you consider distinctive, and whether those features are visual or functional — since function is not protectable as a design.

  2. 21 day

    Classify under Locarno

    The correct class and sub-class are identified, which frames the search and the eventual application.

  3. 32–4 days

    Search the register

    Registered and published Indian designs in the class are examined, along with the relevant sub-classes.

  4. 42–4 days

    Search wider prior art

    Catalogues, marketplace listings, foreign published designs and product imagery are reviewed for anticipating disclosures.

  5. 51 day

    Assess your own disclosures

    Your launch, exhibition, listing and social media history is checked against the filing date you are contemplating.

  6. 61–2 days

    Written opinion

    You receive a report setting out the closest prior designs, the novelty position, and a clear recommendation.

Documents

What you need to provide

Have these ready and the filing moves quickly. We tell you if anything is missing before we start.

About the design

  • Photographs or drawings from multiple views
  • CAD files or renders where available
  • Description of the features you consider new
  • The article to which the design is applied
  • Any variants you also intend to protect

Disclosure history

  • Dates of any exhibition, trade fair or public showing
  • First listing or sale date, online or offline
  • Social media posts showing the product
  • Catalogue or brochure publication dates
  • Any foreign application already filed and its date

Commercial context

  • Competitor products you are aware of
  • Markets where you intend to sell
  • Whether the design has functional constraints
Official fees

Official fees

These are statutory fees payable to the government, separate from our professional fee. We never mark them up.

Fee typeAmount
Design searchNil
Certificate of search under Section 45(2)₹500 / ₹2,000
Inspection of a registered design₹500 / ₹2,000
Application (Form 1) — natural person, startup or small entity₹1,000
Application (Form 1) — company or other applicants₹4,000

The search itself costs nothing in government fees — the cost is the professional work of running it and forming a view. The application fees shown are what you would pay if the search supports filing, and are not refundable once paid.

Our pricing

Transparent professional fees

Fixed fees, quoted upfront. Government fees are charged at cost and shown separately on every invoice.

Register Search

Indian Designs Register, one class.

₹4,999no government fee
  • Locarno classification
  • Registered and published designs reviewed
  • Closest prior designs identified
  • Written novelty view
Get startedRegister Search plan for Design Search
Most chosen

Full Novelty Search

Register plus wider prior art and disclosure review.

₹9,999no government fee
  • Everything in Register Search
  • Marketplace and catalogue prior art
  • Foreign published designs reviewed
  • Your own disclosure history assessed
  • Design-around suggestions where needed
  • Go / no-go recommendation
Get startedFull Novelty Search plan for Design Search

Search + Filing

Search, then file if it clears.

₹9,999+ ₹1,000–₹4,000 govt fee
  • Full Novelty Search
  • Drawings prepared to Rule requirements
  • Statement of novelty drafted
  • Form 1 filed with the Design Office
Get startedSearch + Filing plan for Design Search
FAQ

Questions we get asked

If your question is not here, send it over — we answer directly rather than routing you to a form.

I already launched the product. Can I still register the design?
Usually not. Prior publication anywhere in the world destroys novelty, and India has no general grace period. The narrow exception is disclosure at an exhibition officially notified by the Central Government, where an application filed within six months preserves novelty. A product listing, a social media post or a trade show that was not officially notified will normally have ended the possibility.
How thorough can a design search be?
It covers what is published and findable — the Indian register, published applications, catalogues, marketplace listings and product imagery. It cannot see unpublished pending applications, and obscure prior art may not surface. It substantially reduces risk rather than eliminating it, which is the honest position.
What does 'significantly distinguishable' mean in practice?
The comparison is made through the eye of an informed observer looking at the article as a whole, not through a checklist of individual features. Minor variations in proportion or ornamentation on an otherwise known shape generally do not qualify. Where the overall visual impression differs, it generally does.
Should I search before or after filing abroad?
Before, in both cases. If you intend to file in multiple countries, the search should account for prior art in those markets too, because novelty is assessed against worldwide disclosure. Filing in India first and abroad later within the Paris Convention priority period of six months is common, but the priority date does not cure prior art that existed before it.
My design is mostly functional. Is it registrable?
Features dictated solely by function are excluded from design protection — the Act protects appearance judged by the eye, not how something works. Where the shape is constrained entirely by its purpose, a design registration is the wrong instrument and a patent may be the right one. We will say so rather than filing something unlikely to survive.

Still unsure? Book a free consultation and we will tell you honestly whether this is the right service for you.

Ready to start your design search?

Talk to an IP professional first. No obligation, no sales script — just a clear view of where you stand and what it will cost.