Hello Auditor

Is there any grace period for renewal of design registration?

Standard Renewal Requirement

  • A registered design in India is valid for an initial period of ten years.
  • It must be renewed before the expiry of the ten-year term.
  • The renewal extends the protection for an additional five years.
  • Form-3 must be submitted along with the applicable renewal fee.
  • Timely renewal is essential to maintain continuous legal protection.

No Statutory Grace Period

  • The Designs Act, 2000 does not provide any grace period for late renewal.
  • There is no provision to extend the deadline beyond the expiry date.
  • Once the initial ten-year term expires, the design lapses automatically.
  • The right to renew is lost if not exercised on time.
  • Late filing or delayed payments are not accepted for renewal purposes.

Effect of Non-Renewal

  • The registered design enters the public domain upon expiry.
  • The proprietor loses all exclusive rights associated with the design.
  • Others may use, copy, or reproduce the design without legal consequence.
  • Legal enforcement or claims of infringement cannot be initiated after lapse.
  • The lapsed design cannot be revalidated or restored.

Precautionary Measures

  • Applicants should track the renewal deadline well in advance.
  • Reminders should be set to file at least a few months before expiry.
  • Agents or IP consultants can help manage design portfolios and renewals.
  • Accurate records of filing and expiration dates must be maintained.
  • Confirmation of renewal should be obtained from the Design Office.

Legal and Administrative Guidelines

  • The renewal provisions are governed by Section 11 of the Designs Act, 2000.
  • The Designs Rules, 2001 outline the procedural requirements for renewal.
  • The Controller of Designs does not entertain restoration of lapsed registrations.
  • The Register of Designs reflects the updated status after expiry or renewal.
  • The Designs Journal publishes notices of renewed or lapsed registrations.

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