Economic, Commercial and Intellectual Property Laws · Law relating to Designs

Fees, Government Designs and Application of Patent Provisions under the Designs Act

Updated 11 October 2026 · Fact-checked

Under the Designs Act, 2000, fees are paid as prescribed and a proceeding is of no effect without its fee (Section 24). A registered design binds the Government like any person, with Patents Act Chapter XVII applied (Section 20). Patent rules on validity certificates and groundless threats apply to designs (Section 23).

Understand Fees, Government Designs and Application of Patent Provisions

The Designs Act, 2000 protects the new or original look of an article. Besides registration and piracy, the Act has housekeeping provisions. This topic covers four of them: fees, effect against the Government, borrowed patent rules, and national security.

Fees (Section 24). The Act does not fix the amounts. It says fees are to be paid, as prescribed, for registering designs, for applications, and for other matters relating to designs. The amounts sit in the rules, which the Central Government makes under Section 47. The key rule is in Section 24(2): a proceeding for which a fee is payable has no effect unless the fee is paid. An unpaid fee is not a small defect. It makes the step ineffective.

Designs bind the Government (Section 20). A registered design has the same effect against the Government as it has against any person. The Government cannot ignore your design just because it is the Government. The section also applies Chapter XVII of the Patents Act, 1970 to registered designs as it applies to patents. That chapter deals with use of inventions for the purposes of Government. Remember only that it is applied; do not describe its details unless asked.

Patent provisions (Section 23). Two matters from the Patents Act, 1970 are applied to designs: certificates of validity, and the remedy for groundless threats of legal proceedings. When applying them, you read references to the patent as references to copyright in the design, the patentee as the proprietor of the design, and the invention as the design.

Related provisions. Section 46 protects the security of India. The Controller must not disclose information about a design or application which he considers prejudicial to India's security. He must also take any cancellation action the Central Government specifies by Gazette notification. Section 47 gives the Central Government power to make rules, which must be made after previous publication and laid before Parliament. Section 44 gives priority to applications made within six months of a foreign application in a convention country.

Key rules to remember

Fees (Section 24(1)): Fees are payable as prescribed for registration, applications and other matters; The Act fixes no amounts. They come from the rules.
Effect of non-payment (Section 24(2)): Fee payable + fee not paid ⇒ proceeding of no effect; Applies to any proceeding for which a fee is payable under the Act or rules.
Designs bind Government (Section 20): Registered design: same effect against Government as against any person; Patents Act Chapter XVII applies; Chapter XVII applies to designs as it applies to patents.
Patent provisions applied (Section 23): Patents Act rules on validity certificates and groundless threats apply to designs; Read patent as copyright in the design, patentee as proprietor, invention as design.
Security of India (Section 46): Controller shall not disclose prejudicial information and shall act on cancellation as Central Government specifies; Security of India covers designs applied to articles for war, military establishments or international emergencies.
Rule-making (Section 47): Rules by Central Government notification; previous publication; laid before Parliament for 30 days; Section 47(2)(t) covers fees under Section 24(1).
Convention priority (Section 44): Application in India within 6 months of the foreign application ⇒ same date as foreign application; No damages for piracy before the actual date of registration in India.

How to solve Fees, Government Designs and Application of Patent Provisions questions

Most questions give a short fact pattern or ask you to explain a section. Use the same path each time.

1Identify which provision is tested: fees (24), Government (20), patent provisions (23), security (46), rules (47) or priority (44).
2State the rule in plain words, naming the section.
3For fees, say the amount is prescribed by the rules and note the effect of non-payment under Section 24(2).
4For Government or patent questions, state exactly what is applied: Chapter XVII for Section 20; validity certificates and groundless threats for Section 23.
5Apply the rule to the facts, using the substitution of terms where Section 23 is involved.
6Write a clear conclusion in one line.

Quickest way: Four-section recall

When to use it: When you have under five minutes for a short note or a one-line fact question.

24 = Fees: as prescribed; no fee, no effect.
20 = Government: same effect against Government; Patents Act Chapter XVII applies.
23 = Patent borrowing: validity certificates and groundless threats.
46 = Security: no disclosure, cancellation as notified.
Write the section number first, then the rule, then the conclusion.

Common mistakes in Fees, Government Designs and Application of Patent Provisions

Quoting a fee amount in the answer.
Students assume the Act lists fees.
Fix: Say fees are as prescribed under the rules, made under Section 47. Do not invent amounts.
Saying a proceeding is invalid or void when the fee is unpaid.
Loose wording replaces the statute.
Fix: Use the Act's words: the proceeding shall be of no effect unless the fee has been paid.
Saying the Government is exempt from design rights.
Students mix this with Government-use provisions in patent law.
Fix: Section 20 says the registered design has the like effect against the Government as against any person.
Stating that all Patents Act provisions apply to designs under Section 23.
The heading sounds general.
Fix: Only validity certificates and the remedy for groundless threats apply. Section 20 separately applies Chapter XVII.
Forgetting the substitution of terms in Section 23.
Students copy patent language directly.
Fix: Write patentee as proprietor of the design, patent as copyright in the design, and invention as the design.
Confusing Section 46 with a general power to refuse registration.
Both involve Controller discretion.
Fix: Section 46 is about non-disclosure and cancellation on security grounds, as notified by the Central Government.

Worked examples

Example 1

Lumina Appliances Ltd files an application to register a lamp design but does not pay the prescribed fee. It argues that the Controller must still process the application. Advise.

Show the solution

Provision: Section 24(1) requires the prescribed fee for registration of designs and applications.
Section 24(2) says a proceeding for which a fee is payable is of no effect unless the fee is paid.
Facts: the fee for the application is payable and has not been paid.
Analysis: the application proceeding therefore has no effect until the fee is paid.

Answer: Lumina's argument fails. Under Section 24(2) the application is of no effect unless the prescribed fee is paid, so it should pay the fee.

Example 2

The Central Government department uses a registered design of a water filter housing made by Aqua Forms Pvt. Ltd. The department says the Government is not bound by private designs. Is it right?

Show the solution

Provision: Section 20 of the Designs Act, 2000.
Rule: a registered design has the like effect against the Government as it has against any person.
Section 20 also applies Chapter XVII of the Patents Act, 1970 to registered designs as it applies to patents.
Facts: Aqua Forms holds a registered design, so the Government is bound by it.

Answer: The department is wrong. Under Section 20 the registered design binds the Government like any person, and Patents Act Chapter XVII applies to it.

Exam tips

Write section numbers beside each rule. Examiners in this paper reward the provision, the analysis and a conclusion.
Learn the exact consequence in Section 24(2): no effect without the fee.
For Section 23, name the two matters applied and the term substitutions.
Do not state any fee amount or Government-use details beyond the text.

Practice questions from Law relating to Designs

Fees, Government Designs and Application of Patent Provisions in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CS ProfessionalApplication of Patent Provisions to Designs

Fees, Government Designs and Application of Patent Provisions: frequently asked questions

Does the Designs Act, 2000 fix the amount of fees?

No. Section 24(1) says fees are payable as prescribed. The amounts come from the rules made by the Central Government under Section 47.

What happens if a required fee is not paid?

Under Section 24(2), a proceeding for which a fee is payable has no effect unless the fee has been paid.

Is the Government bound by a registered design?

Yes. Section 20 says a registered design has the like effect against the Government as against any person.

Which patent provisions apply to designs under Section 23?

The Patents Act, 1970 provisions on certificates of validity and on the remedy for groundless threats of legal proceedings. Terms are substituted so patent becomes copyright in the design.

What does Section 46 protect?

It protects the security of India. The Controller must not disclose prejudicial information and must take cancellation action that the Central Government specifies by notification.