Section 23 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.
Section 23 borrows two things from the Patents Act, 1970 and applies them to registered designs: the provisions on certificates of the validity of a patent, and the provisions on the remedy in case of groundless threats of legal proceedings by a patentee. The Act does not copy those provisions out; it points to them and says three words are to be swapped. Anyone who sends or receives a threat letter over a registered design should read this section along with the Patents Act text.
The Patents Act, 1970 provisions "with regard to certificates of the validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee" apply to registered designs in like manner as they apply to patents, with three substitutions: copyright in a design for a patent, proprietor of a design for patentee, and the design for the invention. The Designs Act does not name the Patents Act sections; the text of those provisions must be read in the Patents Act itself. For help with a threat or a validity question, see our legal dispute resolution service.
The text
"The provisions of the Patents Act, 1970 with regard to certificates of the validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case of registered designs in like manner as they apply in the case of patents, with the substitution of references to the copyright in a design for reference to a patent, and of references to the proprietor of a design for references to patentee, and of references to the design for references to the invention."
The marginal heading is "Application of certain of the provisions of the Patents Act as to patents to designs". The text itself is a single sentence of cross-reference.
What is borrowed
| From the Patents Act, 1970 | Subject | Applies to registered designs |
|---|---|---|
| Provisions "with regard to certificates of the validity of a patent" | Certificates that a patent was held valid | Yes, "in like manner" |
| Provisions "to the remedy in case of groundless threats of legal proceedings by a patentee" | Relief where someone is threatened without ground | Yes, "in like manner" |
The section does not list section numbers of the Patents Act. It also does not describe what a certificate of validity is, who may seek one, or what the remedy for groundless threats is. Those are matters of the Patents Act. Our sources for this series do not set out the Patents Act text, so this article does not describe the content of those provisions; read the Patents Act before relying on any detail. We therefore stay with what section 23 itself says.
The three substitutions
Section 23 tells you how to read the borrowed provisions.
| In the Patents Act provisions | Read, for registered designs |
|---|---|
| A patent | The copyright in a design |
| Patentee | The proprietor of a design |
| The invention | The design |
The text speaks of "references to the copyright in a design for reference to a patent". The wording is the Act's own: it says "copyright in a design" is the thing that stands in for "a patent". Under section 2(c), "copyright" means "the exclusive right to apply a design to any article in any class in which the design is registered"; and under section 2(j) "proprietor of a new or original design" has its own meaning. See our article on section 2.
Why this section matters in practice
1. Threat letters. A proprietor who finds a copier may write a warning letter. If the letter threatens legal proceedings without ground, the person threatened may have a remedy borrowed from the Patents Act, read with the substitutions above. The boundary between a fair notice and a groundless threat is not stated in section 23; it is in the Patents Act provision. Before sending a letter, check it against that provision and against section 22 of the Designs Act, which defines piracy. See our article on section 22.
2. Certificates of validity. Where a registered design has been challenged and its validity upheld, the Patents Act's rules on certificates of validity, as applied by section 23, may come into play. The exact content, again, is in the Patents Act.
3. The overlap with sections 19 and 22. Validity is raised through a cancellation petition under section 19, or as a defence in a piracy suit under section 22(3), where it moves to the High Court under section 22(4). Section 23 adds a second layer from the Patents Act. See our article on section 19.
What the text does not say
- It does not state which section numbers of the Patents Act are meant.
- It does not state the court or the procedure for a certificate or for a groundless-threats claim; those come from the Patents Act, read with the substitutions.
- It does not say anything about threats before registration; it speaks of "registered designs".
- It does not mention fees; forms and fees remain "as prescribed".
- It does not say whether the Patents Act provisions that existed in 2000 or as later changed are meant; this article is based on the text as enacted and says nothing about changes.
Illustration (invented)
Ravi Home Decor holds a registered design for a perforated metal lampshade. It finds that Lumina Lights, a small shop, sells a lampshade it considers a copy. Ravi's manager writes to Lumina's customers saying that anyone stocking the shade will be sued. Lumina believes the design is not a copy and that the threats are groundless. Section 23 points Lumina to the Patents Act remedy for groundless threats of legal proceedings, which applies to registered designs with Ravi standing in as "proprietor of a design" in place of "patentee" and the lampshade design in place of "the invention". Whether Lumina has a remedy, and what it is, depends on the text of the Patents Act provision and the facts; the Designs Act does not say more.
A second invented case: Ravi, having defended its registration in a suit, wants a certificate that the validity of the registration was contested and upheld. Section 23 tells Ravi to read the Patents Act provisions on certificates of validity, with "copyright in a design" read in place of "a patent".
Practical points
- Before sending any warning letter, compare it with the Patents Act groundless-threats provision as applied by section 23.
- Keep your letters factual: state the registration, the design and the class.
- Read the Patents Act provisions in full; this section only points to them.
- For piracy itself, the remedies are in section 22.
Need help with a threat or a validity question?
Threat letters can backfire, and a validity finding can shape later disputes. Our legal dispute resolution team can read the Patents Act provisions that section 23 imports, apply them to your facts and draft or answer the letter.
Key takeaways
- Section 23 applies the Patents Act, 1970 provisions on certificates of validity and on the remedy for groundless threats of legal proceedings to registered designs.
- Three substitutions: copyright in a design for a patent, proprietor of a design for patentee, the design for the invention.
- The Designs Act does not copy out the Patents Act text; read that Act for the substance.
- The section works alongside section 19 (cancellation) and section 22 (piracy), not in place of them.
Read next
- Section 22: piracy of registered design
- Section 24: fees
- Piracy of registered design: infringement and penalties
- Design vs patent vs copyright: which protection for your product
Disclaimer: Based on the Designs Act, 2000 as enacted, as consulted on 1 October 2026. Forms, fees and procedure are set by the Designs Rules, 2001 as amended from time to time. This article is general information, not legal advice; check the official text before acting.