Rules 1-2 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 1 gives the Rules their name and says when they start. Rule 2 defines the words used in the rest of the Rules: "Act", the convention application, "Office", "Reciprocity Application", "Set" and, since 2021, "startup". If you are preparing a filing through our industrial design registration service, these definitions decide who qualifies for the lower fee column and what counts as a set of articles.
The Rules are called the Designs Rules, 2001 and came into force on the date of their publication in the Official Gazette. They are made under the Designs Act, 2000, and "Act" in the Rules means that Act. Rule 2 defines Office (the Patent Office), Reciprocity Application (an application in India under section 44) and Set (articles of the same general character sold or used together, all bearing the same design). Since 2021 the rule also defines startup.
What these rules sit on
The Rules were made by the Central Government under the power in section 47 of the Designs Act, 2000. The notification printed with the text is S.O. 414(E) of the Ministry of Commerce and Industry, dated 11 May 2001, and the same notification appoints 11 May 2001 as the date on which the Act comes into force. The recital in the text says a draft of the Rules was published on 29 November 2000, and that objections and suggestions were invited up to 4 January 2001.
Source note: this article follows the Rules as notified in 2001 and the Designs (Amendment) Rules, 2021 (G.S.R. 45(E)). The notification of 2014 (G.S.R. 925(E)), which the 2021 text names as the last earlier amendment, is not in the sources consulted. Later amendments should be checked before you rely on any definition.
Rule 1: short title and commencement
- Rule 1(1): "These rules may be called the Designs Rules, 2001."
- Rule 1(2): they "shall come into force on the date of their publication in the Official Gazette."
The text of the notification is dated 11 May 2001, but rule 1(2) itself fixes no calendar date; it refers only to the date of publication. The Designs (Amendment) Rules, 2021 have their own commencement clause: they came into force "from date of their final publication in the Official Gazette", and the notification is dated 25 January 2021.
Drafting slip: the recital and some clauses call the law "the Design Act, 2000" and "Design Rules". The Act is the Designs Act, 2000.
Rule 2: definitions
Rule 2 opens with "unless there is anything repugnant in the subject or context", so a definition gives way where the context clearly needs another meaning.
| Clause | Term | What it says |
|---|---|---|
| (a) | Act | "the Designs Act, 2000" |
| (b) | Application in United Kingdom or convention country or group of countries or inter-governmental organisation | an application made by any person in any part of the United Kingdom, a convention country, a group of countries or an inter-governmental organisation, of a design for protection in India under section 44 of the Act |
| (c) | Office | the Patent Office referred to in section 74 of the Patents Act, 1970 (the text prints "Patent Act, 1970") |
| (d) | Reciprocity Application | an application in India under section 44 of the Act |
| (e) | Set | "a number of articles of the same general character ordinarily sold together or intended to be used together, all bearing the same design, with or without modification not sufficient to alter the character or substantially to affect the identity thereof" |
| (eb) | startup | inserted in 2021, see below |
Convention application and reciprocity application
Clauses (b) and (d) describe two sides of the same priority arrangement. The foreign filing is the "application in United Kingdom or convention country..."; the Indian filing that claims it is the "Reciprocity Application". Both tie to section 44 of the Designs Act. Rule 15 then sets the six-month filing period; read our article on rule 15 for that.
Office
"Office" is the Patent Office under section 74 of the Patents Act, 1970. When a rule says a document is to be filed "at the Office", it means that office, and rule 3 allows branch offices to receive certain filings and forward them.
Set
A "set" matters for classification and for drawings. A design applied to a set must show every arrangement in which it is to be applied (rule 14(2)), and doubts whether articles form a set are decided by the Controller (rule 14(4)). The definition has three tests: the articles are of the same general character; they are ordinarily sold together or meant to be used together; and they all bear the same design, with at most a modification small enough not to change the character or identity of the design.
Clause (eb): startup, as inserted in 2021
The 2021 amendment says that "after clause (ea)" a new clause is inserted. Clause (ea), which the 2021 text refers to but does not set out, is not in the 2001 text consulted, so its wording should be checked in the current Rules.
The new clause (eb) reads: "startup" means-
- (a) "an entity in India recognised as a startup by the competent authority under Startup India initiative"; and
- (b) "in case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation or registration as per Startup India Initiative and submitting declaration to that effect."
Explanation: "In calculating the turnover, reference rates of foreign currency of the Reserve Bank of India shall prevail."
This clause was inserted in 2021 by G.S.R. 45(E). The word matters because the First Schedule has one fee column for "natural person(s) and/or Startup(s) and/or Small entit(y)/(ies)" and another for others. Form 24 (declaration of small entity or startup status) is referred to in rules 2 and 5. For an Indian startup the evidence listed on Form 24 is the certificate of recognition from the Department for Promotion of Industrial Policy and Internal Trade, as printed; for a foreign startup it is an affidavit with supporting document.
Illustrations (invented)
Set. Lotus Home Pvt. Ltd. designs a sugar bowl, milk jug and tray with a common leaf pattern, sold together as one tea service. The three pieces are of the same general character and bear the same design, so they can be treated as a "set". A kettle in a different shape and a different pattern, sold in another range, is not part of that set merely because it is also kitchenware.
Startup. Kiran Wearables Pvt. Ltd. holds a Startup India recognition certificate. Under clause (eb)(a) it is a startup, and it can claim the lower fee column by filing the declaration on Form 24. A foreign firm, Nordic Loop AB, has no Indian recognition; clause (eb)(b) lets it qualify only if it meets the turnover and incorporation criteria and submits the declaration.
What the rules do not say
- Rule 2 does not define "design", "article" or "proprietor"; those are in section 2 of the Act.
- The text consulted does not set out clause (ea) or the criteria of Startup India; it points to the competent authority.
- Rule 1 gives no calendar date of commencement.
Need help with your first design filing?
If you are unsure whether your products form a set, or whether your company can use the startup column, our industrial design registration team can check the position before you file.
Key takeaways
- The Rules are the Designs Rules, 2001, in force on publication in the Official Gazette.
- "Act" is the Designs Act, 2000; "Office" is the Patent Office; a "Reciprocity Application" is an application in India under section 44.
- A "set" is articles of the same general character, sold or used together, bearing the same design.
- "Startup" was added in 2021 and has two limbs: Indian recognition, or a foreign entity meeting the criteria with a declaration.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rules 3-4: leaving and serving documents and address for service
- Rule 5: fees and mode of payment
- Introduction to Designs Act 2000: industrial design protection
Disclaimer: Based on the Designs Rules, 2001 as notified and the Designs (Amendment) Rules, 2021, as consulted on 1 October 2026. Other amendments may apply; fees and forms change from time to time. This article is general information, not legal advice; check the official text before acting.