Section 3 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 3 says who runs the design system. The Controller General of Patents, Designs and Trade Marks is the Controller of Designs, the Central Government may appoint examiners and other officers, and those officers work under the Controller's superintendence and directions. Every application, certificate and hearing in the Act passes through this office, so the section is worth reading once, carefully. If you need a view on a particular order, a legal consultation is the quickest route to one.
Under sub-section (1) the Controller General of Patents, Designs and Trade Marks is the Controller of Designs. Sub-section (2) lets the Central Government appoint as many examiners and other officers as it thinks fit. Sub-section (3) lets those officers discharge the Controller's functions only as he authorises by general or special order in writing. Sub-section (4) lets the Controller withdraw any matter pending before an officer, by a reasoned written order, and deal with it himself or transfer it to another officer.
Sub-section (1): who is the Controller
"The Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 shall be the Controller of Designs for the purposes of this Act."
Three observations.
- The Act creates no separate post. The person who holds the office named in the 1958 Act is, by this sub-section, also the Controller of Designs.
- The reference to the 1958 Act is as enacted in 2000. The Act does not restate how that officer is appointed, and our sources do not take the point further, so we do not say how the cross-reference is read now.
- Section 2(b) defines "Controller" as "the Controller-General of Patents, Designs and Trade Marks referred to in Section 3". The two provisions fit together: wherever the Act says "the Controller", it means this office-holder; see our article on section 2.
The Controller works from the Patent Office. Section 10 places the register of designs "at the Patent Office", and section 5(2) says applications are filed "in the Patent Office". The Patent Office itself is defined in section 2(h) by reference to section 74 of the Patents Act, 1970.
Sub-section (2): examiners and other officers
"For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations, as it thinks fit."
The text sets no number, no qualification and no list of designations. It leaves all three to the Central Government. The word "examiners" matters because the proviso to section 5(1) requires the Controller to refer every application "for examination, by an examiner appointed under sub-section (2) of section 3". The examiner's report goes to the Controller, who must consider it before registration. See our article on section 5.
Sub-section (3): officers work under the Controller
"Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time by general or special order in writing, authorise them to discharge."
Read it step by step.
- Officers do not have the Controller's functions as of right. They have only those the Controller authorises.
- The authority must be in an order in writing. It may be general (for example, for a class of matters) or special (for one matter).
- The Controller may give authority "from time to time", so he can widen or narrow it.
- Officers act "under the superintendence and directions of the Controller".
- The opening words "Subject to the provisions of this Act" mean that any provision that requires the Controller personally to act, or to hear a party, is not displaced by this sub-section. The text does not list those provisions; read each section on its own words.
Sub-section (4): withdrawing and transferring a matter
"Without prejudice to the generality of the provisions of sub-section (3), the Controller may by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under sub-section (2) and deal with such mater himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred."
(The text prints "mater" for "matter"; it is a misprint.)
| Step | Who | What the text requires |
|---|---|---|
| Withdraw a pending matter | The Controller | Order in writing, reasons recorded in the order |
| Option A | The Controller | Deal with it himself, either de novo (afresh) or from the stage reached |
| Option B | The Controller | Transfer it to another officer appointed under section 3(2) |
| After transfer | The other officer | Proceed de novo or from the stage reached, subject to the special directions in the order of transfer |
Note what the text requires: a written order and recorded reasons. It does not set a time limit, does not require a hearing of the parties before withdrawal and does not provide an appeal against the order itself. It is silent on those points. If a party is unhappy, the safe course is to read the section under which the matter is pending, because appeals against refusals and cancellation orders lie to the High Court under sections 5(4) and 19(2).
What section 3 does not say
- It names no fee, form or time limit. Those are "as prescribed" under the Designs Rules, 2001; for how documents reach the office see our rule article on leaving and serving documents.
- It does not say where the Controller sits beyond the references elsewhere to the Patent Office.
- It does not say which officer signs which document. Authority depends on the Controller's orders under sub-section (3), which are not part of the Act.
- It says nothing about officers' conduct or restrictions; the text is silent.
Illustration (invented)
Sunrise Housewares applies to register the design of a stackable steel tiffin carrier. An examiner appointed under section 3(2) examines the application and reports, as the proviso to section 5(1) requires. Some weeks later the Controller, noticing that a related matter involving the same applicant is pending before another officer, passes a written order withdrawing the second matter, records his reasons in the order, and decides to deal with it himself from the stage it had reached. This is permitted by section 3(4). Had he transferred it to a third officer instead, that officer could proceed afresh or from the same stage, subject to any special direction in the transfer order.
For the applicant, the lesson is practical: when you receive a communication, check whose order or authority it carries, and keep a copy.
Need help with a Controller order or hearing?
If an officer's order or an examination communication is unclear, our legal consultation team can read it with you against sections 3 and 5 and tell you which response or appeal the Act allows.
Key takeaways
- The Controller General of Patents, Designs and Trade Marks is the Controller of Designs.
- The Central Government appoints examiners and other officers, in such numbers and with such designations as it thinks fit.
- Officers act only on functions the Controller authorises by written order, general or special, and under his superintendence and directions.
- The Controller may withdraw a pending matter by a written order with reasons, and decide it himself or transfer it.
- The text is silent on any time limit, hearing or appeal against a withdrawal order.
Read next
- Section 4: prohibition of registration of certain designs
- Section 5: application for registration of designs
- Introduction to Designs Act 2000: industrial design protection
- 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.