Draft guidelines on design registration of GUIs and icons: registrable only when applied to an article; comments invited within 30 days
The Patent Office has published draft Guidelines for Registration of Designs relating to GUI & Icon under the Designs Act, 2000. A GUI or icon shown on its own will not be registrable; it must be applied to an article such as a mobile phone or monitor. Stakeholders can send comments by e-mail within 30 days of the public notice.
Key facts
- In force
- Draft — comments within 30 days of the public notice (dated 1 October 2026 on the IP India news list)
- Who it affects
- Software, app and device companies, UI/UX designers, design applicants and IP practitioners
- What it is
- Comments invited
- Section
- Trademark & IP
- Published
- 1 October 2026
In 30 seconds
- The draft works within the existing Designs Act, 2000 and Designs Rules, 2001; it is not based on any proposed amendment or on DPIIT’s Concept Note dated 23 January 2026.
- It follows the Calcutta High Court judgment dated 9 March 2026, which held there is no per se exclusion for GUIs under section 2(d).
- A standalone GUI or icon, not associated with any article, is not registrable.
- Display through electronic means and execution of software is treated as sufficient “industrial process”; visibility only when the device is on does not count against registration.
- Where novelty lies only in the interface, classification may be under Class 14-04 (“Screen displays and icons”).
- Animated or transitional GUIs: each frame is to be filed as a separate design.
हिंदी में सार
पेटेंट, डिज़ाइन और ट्रेड मार्क महानियंत्रक कार्यालय ने GUI और Icon के डिज़ाइन पंजीकरण पर draft guidelines जारी की हैं। GUI या icon तभी पंजीकृत हो सकेगा जब वह किसी article — जैसे मोबाइल फ़ोन, टैबलेट या मॉनिटर — पर लागू दिखाया गया हो; अकेला GUI या icon पंजीकरण योग्य नहीं माना जाएगा। सुझाव सार्वजनिक सूचना के प्रकाशन से 30 दिन के भीतर controllerdesign.ipo@nic.in और cgoffice.in@gov.in पर भेजे जा सकते हैं।
What has been published
The office of the Controller General of Patents, Designs and Trade Marks has put out, as a public notice on the IP India website, draft Guidelines for Registration of Designs relating to GUI & Icon etc. under the Designs Act, 2000 and the Designs Rules, 2001. All stakeholders are requested to send comments and suggestions to controllerdesign.ipo@nic.in and cgoffice.in@gov.in within 30 days from the date of publication of the public notice. The IP India news list dates the notice 1 October 2026.
Why now
The draft quotes the Calcutta High Court’s judgment dated 9 March 2026 (IPDAID 21/2024 and connected matters). The Court held that there is no per se exclusion for GUIs under section 2(d) of the Act, noted a lack of clarity in the Designs Office, and said clarificatory guidance was necessary; in the interregnum, GUIs are registrable case by case when properly identified with an article.
The draft states that it does not create, enlarge, restrict or modify the scope of registrability, and that it is not based on any proposed amendment to the Act or on DPIIT’s Concept Note dated 23 January 2026.
The four admissibility tests
| Test | What the draft says |
|---|---|
| Identification with an article | The GUI or icon must be applied to an article — a mobile phone, tablet, monitor, wearable or other display-enabled article. A standalone GUI or icon is not registrable |
| Visibility | It must be visually perceptible during normal use. Being visible only when the device is powered on, non-permanent or non-tactile does not, by itself, affect registrability adversely |
| Application by industrial process | Generation and display through electronic means and execution of software is considered sufficient |
| Novelty and originality | New or original, not previously disclosed, and not scandalous or obscene, as per section 4 |
Titles and classes
| Title | Class | Allowable? |
|---|---|---|
| Touchscreen with Icons | 14-04 | Yes |
| Computer monitor with GUI | 14-04 | Yes |
| Mobile Phone with GUI | 14-03 | Yes |
| Screen Display on TV | 14-03 | Yes |
| Tablet with Icon | 14-02 | Yes |
| GUI on Speedometer; Activity trackers with GUI | 10-04 | Yes |
| Smart Watch with GUI | 10-02 | Yes |
| “GUI” or “Icon” alone | 14-04 | No |
| “Graphic Symbol” alone | 32-01 | No |
Where novelty resides only in the interface, the application may be classified under Class 14-04 even if the interface is shown on an article of another class. Where novelty is primarily in the article, the article’s class applies. If both are independently novel, separate applications may be filed.
Representations
- Representations must comply with Rule 14 and clearly show the GUI or icon applied to an article.
- The GUI or icon is shown in solid lines; unclaimed portions such as the device frame may be in broken lines. Alternatively, the whole design may be in solid lines with the GUI or icon pin-pointed.
- A front or perspective view showing the GUI on the display screen will ordinarily suffice.
- A Statement of Novelty is required, with standard disclaimers case by case.
- For dynamic, animated, sequential or transitional GUIs, each frame is to be filed as a separate design.
Examination
Applications will be examined like any other design application. Irrespective of the class in which the application is filed, the Office will also search Class 14-04. Registered GUI and icon designs get the same scope, rights and term as other designs.
What applicants should do
These are draft guidelines, described as directory and procedural; the Act and Rules prevail in case of conflict. Businesses with apps, device interfaces or icon sets should read the draft and send comments to the two e-mail addresses within the 30-day window.
Questions and answers
Can a GUI or icon be registered as a design in India?
Under the draft guidelines, yes — provided it is applied to an article such as a mobile phone, tablet, monitor or wearable device, is visually perceptible in normal use, and is new or original. A standalone GUI or icon not associated with any article is not considered registrable.
Which class applies to a GUI design?
Where the novelty resides only in the interface, classification may be under Class 14-04 (“Screen displays and icons”), even if it is shown on an article of another class. Where novelty is primarily in the article itself, the relevant article class applies.
How are animated GUIs to be filed?
The draft treats dynamic, animated, sequential, transformable or transitional GUIs as admissible provided the representation of each frame with the GUI is filed as a separate design.
Where and by when can comments be sent?
To controllerdesign.ipo@nic.in and cgoffice.in@gov.in, within 30 days from the date of publication of the public notice. The IP India news list shows the notice against 1 October 2026.
Do the guidelines change the Designs Act?
No. The draft says it gives clarificatory and practical guidance within the existing statutory framework, does not modify the scope of registrability, and that the Act and Rules prevail in case of any inconsistency.
Published 1 October 2026. Updated 9 October 2026. This report is for general information and is not professional advice. Read the source document before acting on it.