Section 43 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 43 says who may act for an applicant or proprietor before the Controller. Applications and communications may be signed, and attendances made, by or through a legal practitioner or an agent whose name and address are entered in the register of patent agents under section 125 of the Patents Act, 1970. The Controller may also require such an agent to reside in India, require a person not residing in India to employ an agent who does, and require personal signature or presence. If you want a professional to handle your filing, our industrial design registration team acts in this capacity.
Sub-section (1): all applications and communications to the Controller may be signed by, and all attendances may be made by or through, a legal practitioner or an agent whose name and address has been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970. Sub-section (2): the Controller may, if he sees fit, require (a) the agent to be resident in India; (b) a person not residing in India to employ an agent residing in India; or (c) the personal signature or presence of any applicant or other person.
Sub-section (1): who may act
"All applications and communications to the Controller under this Act may be signed by, and all attendances upon the Controller may be made by or through a legal practitioner or by or through an agent whose name and address has been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970."
The word to notice is "may". The section does not say that an applicant must use an agent. It says an agent or legal practitioner may sign and attend. The text is silent on whether an applicant may sign and attend himself; sub-section (2)(c) assumes he may, because the Controller can require "the personal signature or presence" of an applicant.
| Element | What the text says |
|---|---|
| What can be signed | "All applications and communications to the Controller under this Act" |
| What can be done through them | "All attendances upon the Controller", for example hearings |
| Who | A legal practitioner, or an agent whose name and address is entered in the register of patent agents under section 125 of the Patents Act, 1970 |
Two categories, not one. A legal practitioner is not required to be on the register of patent agents; the register requirement attaches to the agent. The Act does not define "legal practitioner". It also does not set out qualifications or conduct rules for agents; the register is maintained under the Patents Act, and this article does not describe it, because the Patents Act text is not part of our source set. We quote the cross-reference as written.
Note how the section works with the rest of the Act. Almost every step in the Act involves "the prescribed form" and the Patent Office. An agent signs and files those forms. The Designs Rules, 2001 deal with agency and signature; see our sibling article on rules 6 to 9. The address for service in the Rules is also relevant; see our article on rules 3 and 4.
Sub-section (2): what the Controller may require
"The Controller may, if he sees fit, require - (a) any such agent to be resident in India; (b) any person not residing in India either to employ an agent residing in India; (c) the personal signature or presence of any applicant or other person."
(The text prints "argent" for "agent" in clause (b), and the clause (b) "either" has no matching "or". Read it as the Controller's power to require a person not residing in India to employ an agent residing in India.)
| Clause | The Controller may require | Applies to |
|---|---|---|
| (a) | The agent to be resident in India | "Any such agent", that is an agent or practitioner acting under sub-section (1) |
| (b) | A person not residing in India to employ an agent residing in India | Foreign applicants and proprietors |
| (c) | The personal signature or presence | "Any applicant or other person" |
All three are powers "if he sees fit". They are discretionary. The text does not set out when he should use them. Section 33 requires an opportunity of being heard before a discretionary power is used adversely to the applicant for registration, if the applicant asks within the prescribed time; whether a requirement under section 43(2) is an adverse use is not stated; the text is silent. See our article on sections 32–34.
Foreign applicants
Clause (b) is the provision that matters to a foreign designer or company. If the Controller sees fit, he can require a person not residing in India to employ an agent residing in India. A foreign applicant claiming priority from an earlier foreign filing should plan for an Indian agent from the start; priority is covered by section 44, and our article on section 44 explains the six-month period.
Personal signature or presence
Clause (c) allows the Controller to require the "personal signature or presence" of an applicant or other person. So even where an agent is acting, the Controller may ask for the party to sign or appear. It is an exceptional power, but an applicant should be ready.
What the section does not say
- It does not require an applicant to appoint an agent.
- It does not define "legal practitioner" or set agent qualifications; it points to the register of patent agents under section 125 of the Patents Act, 1970.
- It does not set the form of authority for an agent; the Rules deal with that.
- It does not say how a person not residing in India is to be notified of a requirement under clause (b), or by when.
- It does not give a fee or a form; those are "as prescribed".
Illustration (invented)
Nordic Chairs AB, a company outside India, wants to register a stacking chair design in India. It appoints Sharma & Rao, a firm with a registered patent agent whose name and address is entered in the register of patent agents under section 125 of the Patents Act, 1970, to sign the application and attend hearings. The Controller, seeing that Nordic has no presence in India, requires under sub-section (2)(b) that it employ an agent residing in India; Sharma & Rao are resident, so the requirement is met. At a later hearing, the Controller also requires, under (c), that a representative of Nordic be present in person for a particular question; Nordic sends its design manager.
For a domestic example: Kaveri Utensils, a firm in Coimbatore, instructs a lawyer, who signs the application as a legal practitioner under sub-section (1). The Controller does not require any further personal presence.
Need help appointing an agent for a design filing?
A properly authorised agent saves rejections for defective signature or non-attendance. Our industrial design registration team can act for you, whether you live in India or abroad.
Key takeaways
- Applications and communications to the Controller may be signed, and attendances made, by or through a legal practitioner or a registered patent agent.
- The agent's name and address must be entered in the register of patent agents under section 125 of the Patents Act, 1970.
- The Controller may require an agent to be resident in India, a non-resident to employ a resident agent, and the personal signature or presence of any applicant or other person.
- The section does not make an agent compulsory, and the text is silent on qualifications and conduct.
Read next
- Section 44: convention priority and reciprocal arrangements
- Section 5: application for registration of designs
- Rules 6–9: forms, size of documents, signature, verification and agency
- Design registration process: application to certificate
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.