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Intellectual Property Rights - Law and Practice · Industrial Designs

Application of Patent Provisions to Designs under Section 23

Updated 11 October 2026 · Fact-checked

Section 23 of the Designs Act, 2000 borrows two things from the Patents Act, 1970 and applies them to registered designs: the provisions on certificates of validity and the remedy for groundless threats of legal proceedings. Read the patent terms with design terms substituted. Solve questions by naming the borrowed provision, substituting terms, and applying it to the facts.

Understand Application of Patent Provisions to Designs

A design and a patent protect different things. A design protects only features of shape, configuration, pattern, ornament or composition of lines or colours that appeal to and are judged solely by the eye (Section 2(d)). A patent protects an invention. The Designs Act is a separate, self-contained Act.

Even so, the Designs Act does not rewrite every rule. Section 23 borrows from the Patents Act, 1970 in two areas only: certificates of validity and the remedy against groundless threats of legal proceedings. They apply to registered designs in the same way as they apply to patents.

Because the words differ, Section 23 gives a substitution key. Read "copyright in a design" for "patent". Read "proprietor of a design" for "patentee". Read "the design" for "the invention". Note that "copyright" here is a defined term: the exclusive right to apply a design to any article in any class in which it is registered (Section 2(c)). It is not the same as copyright in literary or artistic works.

A related borrowing sits in Section 20. A registered design has the same effect against the Government as against any person, and Chapter XVII of the Patents Act, 1970 applies to registered designs as it applies to patents. Do not confuse this with Section 23. They are two separate borrowings.

Other procedural matters are dealt with in the Designs Act itself. Section 32 gives the Controller the powers of a civil court. Section 17 allows inspection and certified copies. Section 5 deals with application. Section 13 deals with restoration. Keep these apart from Section 23 so you do not credit the Patents Act for them.

Key rules to remember

Scope of Section 23
Patents Act provisions on (1) certificates of validity + (2) groundless threats of legal proceedings → apply to registered designs
Only these two areas are named in Section 23. Do not say that the whole Patents Act applies.
Substitution key
patent → copyright in a design; patentee → proprietor of a design; invention → the design
Use this when applying the patent provision to a design problem.
Section 20 (Government)
Registered design binds the Government like any person; Chapter XVII of the Patents Act applies to designs as to patents
A separate borrowing from Section 23.
Section 32 (Controller's powers)
Controller = powers of a civil court: receiving evidence, administering oaths, enforcing attendance of witnesses, compelling discovery and production of documents, issuing commissions, awarding costs
Costs awarded are executable in any court of jurisdiction as if a decree.
Section 17 (Inspection)
During existence of copyright in a design: inspect on furnishing identifying information and prescribed fee; certified copy of any registered design on application and fee
Inspection is tied to the period of copyright. Certified copies are available to any person.

How to solve Application of Patent Provisions to Designs questions

Use this method for any question on borrowing from the Patents Act or on Controller powers and procedure in designs.

  1. 1Identify what the question is really about: validity certificate, groundless threats, Government rights, Controller's powers, inspection, or something else.
  2. 2Decide whether the source is Section 23, Section 20 or a Designs Act provision. Section 23 covers only validity certificates and groundless threats.
  3. 3State the rule in plain words with the section number.
  4. 4Apply the substitution key: patent to copyright in a design, patentee to proprietor, invention to design.
  5. 5Apply the rule to the facts: who is the proprietor, what was threatened or certified, and what remedy follows.
  6. 6Conclude clearly. Add a practical point, such as what a proprietor should check before sending a notice.

Quickest way: Three-box sort

When to use it: Use when a question lists several provisions and asks which apply to designs.

  1. Box 1, Section 23: validity certificates and groundless threats.
  2. Box 2, Section 20: Government binding and Chapter XVII of the Patents Act.
  3. Box 3, Designs Act's own rules: Controller's powers (Section 32), inspection (Section 17), application (Section 5), restoration (Sections 13 and 14).
  4. Place each item from the question in a box, then write one line per item with the section number.

Common mistakes in Application of Patent Provisions to Designs

  • Saying the entire Patents Act applies to designs.

    The heading sounds general.

    Fix: Limit Section 23 to certificates of validity and groundless threats. Anything else needs its own section.

  • Crediting Section 23 for the Controller's civil court powers or inspection.

    The topic outline groups them together.

    Fix: Controller's powers are in Section 32 and inspection is in Section 17 of the Designs Act itself.

  • Forgetting the substitution of terms.

    Students copy patent wording.

    Fix: Write copyright in a design, proprietor and design in place of patent, patentee and invention.

  • Confusing Section 20 with Section 23.

    Both borrow from the Patents Act.

    Fix: Section 20 brings Chapter XVII of the Patents Act and binds the Government. Section 23 covers validity certificates and groundless threats.

  • Treating design copyright as the Copyright Act right.

    Same word.

    Fix: Quote Section 2(c): the exclusive right to apply a design to any article in any class in which it is registered.

Worked examples

Example 1

Which provisions of the Patents Act, 1970 apply to registered designs under Section 23 of the Designs Act, 2000, and how are the terms read?

Show the solution
  1. Section 23 names two areas: certificates of the validity of a patent, and the remedy for groundless threats of legal proceedings by a patentee.
  2. These apply to registered designs in like manner as they apply to patents.
  3. Terms are substituted: copyright in a design for patent, proprietor of a design for patentee, the design for the invention.
  4. Copyright here means the exclusive right to apply the design to any article in the class in which it is registered (Section 2(c)).

Answer: Only the provisions on validity certificates and groundless threats apply under Section 23, read with the stated substitutions.

Example 2

Ananya Textiles Pvt. Ltd. holds a registered design for a fabric pattern. It wants to see a registered design held by a competitor and get a certified copy. Which section helps, and does it rely on the Patents Act?

Show the solution
  1. Inspection and certified copies are dealt with in Section 17 of the Designs Act.
  2. During the existence of copyright in the design, any person may inspect it by furnishing information to identify the design and paying the prescribed fee.
  3. Any person may also apply to the Controller, pay the fee, and obtain a certified copy of any registered design.
  4. This is the Designs Act's own rule. It is not a borrowing under Section 23.

Answer: Ananya Textiles can inspect and obtain a certified copy under Section 17 by paying the prescribed fee, and it needs no Patents Act provision.

Exam tips

  • Write the section number next to every rule. Examiners reward precise citation.
  • Open with a one-line definition of design (Section 2(d)) and copyright (Section 2(c)) when the question is about proprietor's rights.
  • For a list question, use the three-box sort so you do not credit Section 23 for other sections.
  • Quote the substitution of terms. It shows you read the text.
  • Close case-based answers with a practical point, such as verifying the registration before issuing any notice.

Practice questions from Industrial Designs

Application of Patent Provisions to Designs in other exams

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

Application of Patent Provisions to Designs: frequently asked questions

What does Section 23 of the Designs Act, 2000 say?

It applies the Patents Act, 1970 provisions on certificates of validity and on groundless threats of legal proceedings to registered designs. The patent terms are read as copyright in a design, proprietor and the design.

Does the whole Patents Act apply to designs?

No. Section 23 names only two areas. Section 20 separately applies Chapter XVII of the Patents Act to registered designs. Other matters follow the Designs Act's own provisions.

Who has the powers of a civil court in design proceedings?

The Controller, under Section 32, for receiving evidence, administering oaths, enforcing attendance of witnesses, compelling discovery and production of documents, issuing commissions and awarding costs.

Can anyone inspect a registered design?

Under Section 17, during the existence of copyright in the design, any person can inspect it by giving identifying information and paying the prescribed fee. Any person can also obtain a certified copy on application and fee.