As per the Designs Act, 2000, a design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.
A design must be new and original in order to be registered. Specifically, a design which has either been disclosed to the public anywhere in India or in any other country, with certain exceptions, or is not significantly distinguishable from known designs, or comprises or contains scandalous or obscene matter is prohibited from registration.
The term of protection of a design is ten years from the date of registration. However, application may be made before the expiration of ten years for the extension of protection for a second period of five years from the expiration of the original period of ten years.