Hello Auditor

Can expired designs be re-registered?

Duration of Protection

  • A registered design is initially valid for 10 years.
  • It can be extended once for an additional 5 years.
  • The maximum period of protection is 15 years in total.
  • After this period, the design automatically expires.
  • Expired designs fall into the public domain.

Post-Expiry Legal Status

  • Once expired, the design is no longer protected by law.
  • The proprietor loses all exclusive rights.
  • Anyone can use, reproduce, or sell the design freely.
  • The design cannot be enforced in infringement cases.
  • It becomes a part of public visual assets.

Non-Availability of Re-Registration

  • Indian law does not permit re-registration of expired designs.
  • Once the 15-year term ends, renewal is not allowed.
  • A previously registered design cannot be re-registered as new.
  • The Designs Act enforces strict time-based protection limits.
  • The same design cannot be protected again by refiling.

Possibility of New Registration with Modifications

  • A significantly modified version may qualify for new registration.
  • The new design must differ visually and be original.
  • Minor changes to an expired design are not sufficient.
  • The revised design must meet the standards of novelty.
  • The application must be assessed independently of the expired version.

Best Practices for Design Management

  • Track expiration dates and renew timely within allowed periods.
  • Plan commercial use to maximize protection during the active term.
  • Consider filing new designs if products evolve visually.
  • Preserve documentation of modifications for future filings.
  • Consult legal experts when redesigning expired products.

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