Design Assignment & Transfer
Record a change in ownership of a registered design with the designs office.
A registered design is property and can be sold, mortgaged or licensed like any other. The transaction is effective between the parties on execution, but until it is recorded with the Controller of Designs the register continues to name the previous proprietor.
That gap matters. An assignee whose name is not on the register faces difficulty enforcing the design, and the Act limits reliance on an unrecorded document in proceedings.
What this costs
POA + Form 10 & 13 Filing
₹4,654 plus GST
- Assignment Deed Drafting
- Ownership Change
- Preparing Power of Attorney (POA)
- Forms 10 and 13 filed with the patent office
The forms of transfer
- Assignment — ownership passes to the assignee
- Transmission — the design passes by operation of law, such as on death or amalgamation
- Mortgage — the design is charged as security
- Licence — use is permitted while ownership is retained
- Partial assignment, limited to particular articles or territory
Six months to record
An application to record the transfer should be made within six months of the document being executed, extendable on payment of additional fees within a further period.
Beyond that the position becomes considerably harder to regularise, and in the meantime the register contradicts your paperwork — which is exactly what a purchaser conducting diligence will notice.
It must be in writing
The Act requires an assignment to be in writing and to set out the terms so that the rights and obligations of both parties can be ascertained. An oral agreement or an invoice is not sufficient.
Where a design was created by an employee in the course of employment, it generally belongs to the employer. Where it was created by an independent contractor, it does not — a written assignment is required, and its absence is a common and expensive discovery during a transaction.
The remaining term passes with it
A design registration runs for ten years from registration and may be extended by five more. An assignee takes whatever remains of that term, not a fresh one.
The renewal obligation passes too. It is worth confirming the renewal position as part of the transaction, because an assignee can otherwise acquire a design that lapses shortly afterwards.
How we handle it
- 1 Verifying the registration We check the register for the current proprietor, the remaining term and any recorded encumbrance.
- 2 Drafting the deed The assignment or licence is drafted with the scope, consideration and any territorial or article limitation stated.
- 3 Stamping and execution Stamp duty is computed and the deed executed by both parties.
- 4 Filing to record The application to record the transfer is filed within the six-month window with the deed attached.
- 5 Queries Any objection raised by the office on the form or the deed is answered.
- 6 Register updated The register is updated to name the new proprietor, and the renewal date confirmed as attaching to them.
Frequently asked questions
Does an assignment have to be recorded?
It is effective between the parties once executed, but until recorded the register names the previous proprietor, and the Act limits reliance on an unrecorded document in proceedings.
How long do I have to record it?
Six months from execution, extendable on payment of additional fees within a further period. Beyond that regularising becomes considerably harder.
Our contractor created the design. Do we own it?
Not automatically. Work by an independent contractor belongs to the contractor without a written assignment. Work by an employee in the course of employment generally belongs to the employer.
Does the assignee get a fresh ten-year term?
No. They take whatever remains of the original term, and the renewal obligation passes with it. Confirm the renewal position as part of the transaction.
Can a design be licensed rather than assigned?
Yes. A licence permits use while ownership is retained, and it should also be recorded so the arrangement appears on the register.
What is not included. Government fees, statutory charges, stamp duty, court and registry fees, digital signature costs and any third-party professional charges are separate and payable at actuals. GST applies on professional fees where indicated. Prices shown are indicative and may change without notice; we confirm the total in writing before any work begins — see our terms on pricing.
Talk to us about Design Assignment & Transfer
Share your requirement and our team will confirm the documents needed, the exact charges and a realistic timeline — usually the same working day.
- Expert document checking before submission
- Regular status updates on WhatsApp
- Transparent professional charges
- Assistance in Marathi & English
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