Rules 16-17 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 16 says how a person who has acquired the right in a design application claims to proceed as applicant, and what proof of title goes with the claim. Rule 17 says when the Controller may accept an application for registration. Both are short, but they decide whose name the design is registered in and when an application can move forward. They are part of any industrial design registration that involves an assignment or a change of applicant.
A claim under section 8(1) is made in Form 2, and the original assignment or agreement, or an official or notarially certified copy, must be furnished for the Controller's inspection; the Controller may call for other proof of title or written consent. On receipt of an application the Controller may accept it if he considers there is no lawful objection in the examiner's report.
Source note
Rules 16 and 17 are read as notified in 2001; the Designs (Amendment) Rules, 2021 (G.S.R. 45(E)) did not change them, but its substituted First Schedule has an entry for the fee on the claim. The 2014 amendment (G.S.R. 925(E)) is not in the sources consulted, and later amendments should be checked. Rule 16 works with section 8 of the Designs Act, 2000, which deals with substitution of the applicant, and rule 17 with the examination under section 5.
Rule 16: claim to proceed as applicant
The heading reads "Manner in which a claim under sub-section (1) of section 8(1) shall be made". Drafting slip: "sub-section (1) of section 8(1)" repeats itself; the sense is a claim under section 8(1).
Rule 16(1). "A claim under sub-section (1) of section 8 shall be made in Form-2." Form 2 is titled "Claim to proceed as an applicant or joint applicant" under section 8(1) in the Second Schedule.
Rule 16(2). "The original assignment or agreement or other document affecting right, title or interest in the application or an official or notarially certified copy thereof shall also be furnished for the Controller's inspection and the Controller may call for such other proof of title or written consent as he may require."
| Step | Who | What |
|---|---|---|
| Claim | the person claiming the right | Form 2 |
| Proof | the claimant | original document, or official or notarially certified copy, for the Controller's inspection |
| More proof | the Controller may call for it | "other proof of title or written consent" |
The fee
The First Schedule as substituted in 2021 has an entry (entry 2, Form 2) "On claim under section 8 (1) and (5) to proceed as an applicant or joint applicant", with Rs 500 in the column for natural persons, startups and small entities and Rs 2000 for others. This is as per the Schedule as substituted in 2021. Note that the Schedule cites section 8(1) and (5), while rule 16 mentions only section 8(1). The text does not explain the difference. Check the current Schedule before paying. Under rule 5(2)(e), a transfer of an application from one fee category to another also needs the fee difference with the request (see our article on rule 5).
What the rule leaves open
Rule 16 does not say within what time the claim must be made, nor what happens to the original applicant. Those matters come from section 8 of the Act, not from the Rule.
Rule 17: acceptance
"Upon receipt of an application for registration, the Controller may accept it, if he considers that there is no lawful objection in the report of examiner to the design being registered."
- The decision-maker: the Controller.
- The condition: he "considers" there is no lawful objection in the examiner's report.
- The word "may": acceptance is discretionary; the rule does not say he must accept when there is no objection.
- If there is an objection: rule 18 applies; see our article on rules 18-21.
Rule 22 then says that on acceptance the Controller directs registration and publication. The rule does not prescribe a time within which acceptance must be given, and does not say how acceptance is communicated.
How the two rules fit
Imagine a design application filed by one person and later transferred. The new claimant files Form 2 with proof of title, and the Controller may require more proof. Once the Controller is satisfied, and the examiner's report holds no lawful objection, the application can be accepted under rule 17 and registration follows.
Illustrations (invented)
Claim. Lakshmi Pottery Works files a design application. Before examination, it sells the application to Terra Home Pvt. Ltd. by an assignment deed. Terra files Form 2 claiming to proceed as applicant and furnishes the original assignment, or an official or notarially certified copy, for inspection. The Controller asks for the written consent of Lakshmi's partners, as rule 16(2) allows.
Joint claim. Two buyers who acquire a share of the same application can claim as joint applicants, since Form 2 is titled "Claim to proceed as an applicant or joint applicant".
Acceptance. The examiner's report on a design for a steel flask records no objection. Under rule 17 the Controller may accept the application.
What the rules do not say
- Rule 16 does not state a deadline for the claim.
- Rule 17 does not say what happens if the Controller does not accept; rules 18 to 21 deal with objections and abandonment.
- Neither rule describes how a claim fee is calculated in a partial transfer beyond rule 5(2)(e).
Need help with a change of applicant?
A claim without proper proof of title is likely to be queried. Our industrial design registration team can prepare Form 2, check the assignment and manage the file through acceptance.
Key takeaways
- A claim to proceed as applicant is made in Form 2 under section 8(1).
- The original assignment, or an official or notarially certified copy, is produced for inspection; more proof may be called for.
- The Controller may accept an application if he considers there is no lawful objection in the examiner's report.
- The fee is in the First Schedule; as substituted in 2021 it has two columns.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rule 15: reciprocity application for registration of a design
- Rules 18-21: objections, hearing, decision, date for appeal and abandonment
- Design registration process: application to certificate
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.