Rule 15 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 15 deals with an Indian design application that claims priority from an earlier application made in the United Kingdom, a convention country, a group of countries or an inter-governmental organisation. It sets the contents of the application, the six-month period, and the certified copy of the first filing. It carries out section 44 of the Designs Act, 2000. Anyone who has filed abroad first and now wants India should read it before the window closes; our industrial design registration team handles these filings.
A reciprocity application must state that an application was made abroad and name the country, group or organisation and the official date or dates. It must be made within six months from the date of the first application by the same person, or by the legal representative or assignee. A certified copy of the first filing goes in with it, or within further time not exceeding three months if the Controller allows. Other proceedings follow the ordinary application rules.
Source note
Rule 15 is read as notified in 2001; the Designs (Amendment) Rules, 2021 (G.S.R. 45(E)) did not change its text, but the First Schedule as substituted in 2021 refers to rule 15 and rule 18 in its entry on extension of time for the priority document. The 2014 amendment (G.S.R. 925(E)) is not in the sources consulted, and later amendments should be checked. The rule implements section 44 of the Designs Act, 2000. For background on priority, see our guide to the convention application under the Paris Convention.
The two defined terms
Rule 2 defines the terms rule 15 uses: the foreign application, and the "Reciprocity Application", which is the application in India under section 44 (see our article on rules 1-2).
Rule 15(1): contents and time
Every reciprocity application "shall contain a statement" that an application has been made abroad for protection of the design to which it relates, and "shall specify convention country or group of countries or inter-governmental organisation in which any such application has been made and the official date or dates thereof respectively."
On time: "The application shall be made within six months from the date of the first application in United Kingdom or convention country or group of countries or inter-governmental organisation". It must be made by:
- the person who made the first application; or
- that person's legal representative or assignee, "either alone or jointly with any other person".
| Element | What the text says |
|---|---|
| Statement | an application abroad has been made for the design |
| Details | the country, group or organisation and the official date or dates |
| Period | six months from the date of the first application |
| Who may apply | the first applicant, or the legal representative or assignee, alone or jointly with another |
Form 1 as substituted in 2021 has matching spaces under "Details of first application in a convention country or group of countries or inter-governmental organisation": name of the country or organisation, date of filing, application number and name of the applicant.
Rule 15(2): the priority document
"In addition to the four copies of the representations of the design filed or left with every reciprocity application for the registration of a design, a copy of the design filed or deposited by the applicant or his predecessor in title as the case may be, in respect of the first application ... duly certified by the Official Chief or Head of the organization in which it was filed, or deposited or otherwise verified to the satisfaction of the Controller, shall be filed or left at the office at the same time as the reciprocity application or within such further time not exceeding three months as the Controller may allow."
Points to note:
- The four copies required for every application (rule 11) are still needed.
- The additional copy is of the design filed in the first application, and must be certified by the head of the office where it was filed, or otherwise verified to the Controller's satisfaction.
- It is due with the application, or within a further period, "not exceeding three months", if the Controller allows. The rule says nothing more about the Controller's discretion; it gives no test.
Extension of time and its fee
The Schedule as substituted in 2021 has an entry (entry 19, Form 18) for "extension of time for filing priority document under rule 15 & rule 18", with the fee shown as Rs 200 per month in the column for natural persons, startups and small entities and Rs 800 per month for others. This is as per the Schedule as substituted in 2021. Check the current Schedule before paying. The rule 18 reference in that entry is as printed; rule 18 in the text consulted deals with objections, and the text does not explain why it is cited.
Rule 15(3): everything else as for an ordinary application
"Save as aforesaid and as provided by rule 30 all proceedings in connection with a reciprocity application shall be taken within the time and in the manner required by the Act or prescribed by these rules for ordinary application." So examination, objections, hearing and publication follow the ordinary course. Rule 30(3) adds that where a reciprocity date has been allowed, the registration and the extension or expiration of the copyright are "reckoned from such reciprocity date"; see our article on rules 30-31.
Illustration (invented)
Hira Gadgets GmbH files a design application in a convention country on 1 March. It wants protection in India too. Its Indian application must be made within six months of that first date, stating the country, the date and the application number, with the four representations. A copy of the foreign filing, certified by the head of the foreign office, goes in at the same time, or within a further period of up to three months if the Controller allows.
What the rule does not say
- It does not say how the six months are counted beyond "from the date of the first application".
- It does not state what happens if the six months are missed; read section 44 of the Act and its Explanations.
- It does not list the convention countries.
Need help with a priority claim?
A missed six-month window cannot be repaired by the rule text alone, and a certified copy takes time to obtain from a foreign office. Our industrial design registration team can plan the India filing around your first foreign date.
Key takeaways
- A reciprocity application states the foreign application, the country or organisation and the official date or dates.
- It must be made within six months of the first application, by the same person, legal representative or assignee.
- The certified copy of the first filing is due with it, or within up to three months more if the Controller allows.
- After that, the ordinary rules apply, except rule 30 on the reciprocity date.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rule 14: representation of the design
- Rules 16-17: claim to proceed as applicant and acceptance of application
- International design registration: Hague system and India
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.