Draft GUI Guidelines Test 'Design' Definition in Indian IP Law

Are Animated GUIs Protected as 'Designs' Under Indian Law?

The Indian Designs Office released draft Guidelines for Graphical User Interfaces (GUIs) and Icons in 2026, following the Calcutta High Court’s ruling in NEC Corporation v. Controller of Patents affirming GUI registrability. While the guidelines aim to standardize examination, they require applicants to submit individual static frames of an animated feature, raising concerns about whether such representations adequately capture the creative essence of dynamic visual sequences.

Current practice under the Designs Act, 2000, requires that a 'design' relate to features of shape, configuration, pattern or composition of lines or colours applied to an article. The new guidelines treat animations as a series of static representations, potentially undermining protection for transitions and micro-interactions central to user experience.

"The real innovation lies in the choreography of movement, not in isolated stills,"

argues IP scholar Harshita Bhola.

Practical Challenges for Applicants

Designers and firms in the tech sector warn that the frame-by-frame submission mandate could increase costs, prolong prosecution, and weaken enforceability. The European Union and Japan recognize 'icons' and 'dynamic icons' as protectable, provided the overall impression is novel. India’s approach risks falling behind global standards unless the final guidelines adopt a holistic assessment model. The Office is currently reviewing public comments ahead of finalization.

For practitioners, this means advising clients to file multiple design applications for each key frame and consider copyright or trademark protection as supplementary safeguards. The debate underscores a broader need to modernize India’s design framework to keep pace with digital product innovation.