Design Renewal and Restoration in India
A registered design is protected for ten years from registration. Design renewal under Section 11 adds five more, but only if Form 3 is filed before the first ten years run out. If you missed it, Section 12 gives you one year to restore the design.
What it is
Design renewal is the formal extension of a registered design for a second term. Under Section 11 of the Designs Act, 2000, the copyright in a registered design lasts ten years from the date of registration. Before that period expires, the proprietor can apply for an extension of a further five years. Fifteen years is the longest protection the Act gives.
Picture a Faridabad auto-parts maker whose bracket design was registered in 2016 by a consultant who has since moved on. Nobody remembers the extension. That is where restoration comes in. Design restoration is the rescue route. If the design stopped having effect because the extension fee was not paid, Section 12 lets the proprietor apply within one year of that date. You file Form 4 with the prescribed fee and a verified statement explaining the failure. Not registered yet? Start with our design registration page instead.
Who it applies to
You own a design nearing year ten
Furniture, lamps, packaging, footwear and auto-part designs are often still selling a decade after launch. If the registration date is approaching ten years, the extension is due now, not later.
Your design already lapsed
A former agent may have handled the renewal, or the file may have been lost when management changed. If less than a year has passed, restoration is still open.
You bought the design from someone
Say a Delhi-NCR furniture brand buys a catalogue of old designs. The buyer needs to check who is on the register and when each term ends. Assignments are recorded under Section 30 of the Act.
Why it matters
You keep the exclusive right
A registered design lets you stop copies of its look. Once the first ten years end without an extension, that protection ends with them.
Piracy remedies stay alive
Section 22 makes copying a registered design actionable, with up to ₹25,000 per contravention and a ceiling of ₹50,000 per design, or a suit for damages and an injunction. A lapsed design loses this.
A second term beats starting over
A fresh filing needs a new design, since a design already shown to the public cannot be registered again. Extension keeps the date and rights you already hold.
Renewal or restoration: which one do you need?
| Question | Design renewal | Design restoration |
|---|---|---|
| Section | Section 11(2) | Section 12 |
| Form | Form 3 | Form 4 |
| When | Before the ten years expire | Within one year after the design ceased to have effect |
| Extra needed | Fee only | Verified statement of circumstances, additional fee |
| Result | Five more years | Design is brought back on the register |
Here is the catch: restoration is a second chance, not a routine option. File Form 3 on time and you avoid the extra fee and the explanation altogether.
Documents required
Identify the design
- Registration number and date of the design
- Registration certificate, if you have it
- Name of the article and Locarno class
Show who owns it now
- Proprietor name and address as on the register
- Assignment or licence papers, if ownership changed
- Startup recognition or small-entity proof, if claiming the lower fee
For restoration only
- Facts explaining why the extension fee was not paid
- Verified statement of those circumstances
- Any evidence the Controller asks for
- Authorisation for us to act as your agent (Form 21)
How it works
Check the register and fix the deadline
We look up the design on the IP India portal, confirm its date of registration, who is the registered proprietor, and whether it is still in force. This tells us the exact deadline.
Confirm the owner and the fee category
A recorded assignment may need to be fixed first. We also check if you qualify as a natural person, startup or small entity, since that decides the fee.
Prepare Form 3 or Form 4
For renewal we complete Form 3. For a lapsed design we draft Form 4 and the verified statement, and you sign it after reading it.
File online and pay the fee
We file online, pay the government fee and send you the receipt. Then we track the file, reply to any query from the Controller and update the register extract for you.
Timelines
Renew before year ten
Section 11(2): the extension application must be made before the ten years from registration expire. A design with a March 2017 registration date should be renewed well before March 2027.
Restore within one year
Section 12: the Form 4 application must be made within one year from the date the design ceased to have effect. We diarise this date the day we see your file.
No third term
Section 11 allows one extension of five years. After fifteen years in all, the design cannot be extended again.
What happens if you miss the renewal
Protection ends
If Form 3 is not filed before year ten, the design ceases to have effect. Copies made after that date cannot be challenged under the Designs Act.
Restoration costs double
Form 4 carries an additional fee on top of the normal fee, and you must explain the lapse in a verified statement.
After one year it is final
Past the one-year window under Section 12, restoration is not available. You cannot register the same design again once it has been published.
Frequently asked questions
How do I renew a design registration in India?
File Form 3 with the Controller of Designs before the first ten years end. Section 11(2) of the Designs Act, 2000 lets you extend by five years, and the application is made through the IP India portal with the prescribed fee. We check the registration date, prepare Form 3, pay the fee and send you the receipt. In practice, filing a few months early leaves room for any query from the office.
What is the fee for design renewal?
Form 3 costs ₹2,000 for natural persons, startups and small entities, and ₹8,000 for everyone else, under the First Schedule to the Designs Rules, 2001. These are government fees and apply per design. We confirm which category you fall under before filing, so you pay the right amount and nothing extra on top of our quoted fee.
How long can a design be protected in India?
Fifteen years at most: ten years from registration plus one extension of five. Section 11 provides the first term and Section 11(2) the extension. There is no second extension. After fifteen years the design is free for anyone to use. A trademark on the product name can keep protecting the brand.
Can I restore a design that has lapsed?
Yes, but only if you apply within one year from the date the design ceased to have effect. Section 12 allows the proprietor or legal representative to file Form 4 with a verified statement explaining why the extension fee was not paid. The Controller may ask for more evidence. We draft the statement with you, so the facts are clear and consistent.
What fee is payable for restoration?
Form 4 carries the normal fee plus an additional fee of the same amount: ₹1,000 plus ₹1,000 for natural persons, startups and small entities, and ₹4,000 plus ₹4,000 for others, under the First Schedule to the Designs Rules, 2001. We confirm the current schedule at filing and confirm the exact total in writing before anything is paid.
When exactly does the ten-year term start?
From the date of registration, which for a design is the date of your application under Section 5(3). So the ten years run from the filing date, not from the day the certificate arrived. If you are unsure of the date, we pull it from the register. That date decides your renewal deadline, so it is the first thing we confirm.
Can someone else renew my design?
The proprietor or a person authorised by the proprietor can file. We act as your agent under a Form 21 authorisation. For restoration, Section 12 also permits the legal representative of a deceased proprietor to apply. If a design has joint owners, one or more can apply with the Controller’s permission. We explain what applies in your case.
I sold the design. Who should renew it?
Whoever is the registered proprietor when the term ends. If you sold it, the buyer should have the assignment recorded under Section 30 first, and then renew. If the assignment is not on record, the register still shows you. We check the register and the deed and tell you who should sign.
Is design renewal the same as trademark renewal?
No. Trademark renewal falls due every ten years, while a design gets a single five-year extension. If you also hold a mark, our trademark renewal service covers it. Both need their own dates diarised, and we track both for you so neither one lapses quietly.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Government fees under the First Schedule to the Designs Rules, 2001:
| Form | Natural person, startup, small entity | Others |
|---|---|---|
| Form 3 (renewal) | ₹2,000 | ₹8,000 |
| Form 4 (restoration) | ₹1,000 + ₹1,000 additional | ₹4,000 + ₹4,000 additional |
Ready to begin?
Send us the registration number and we will tell you the exact date to act by.