How to Start a DESIGN REGISTRATION RENEWAL & RESTORATION

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Overview of Design Registration Renewal and Restoration

Under Section 11(1) of the Designs Act, 2000, a design is granted protection for 10 years from the date of its registration. According to Section 11(2), the design protection can be renewed once for an additional 5 years, within the first 10 years of registration. However, no further extensions are allowed beyond the 15-year limit. If the design expires due to non-payment of the renewal fee, the registered owner can apply for restoration within one year of the expiration date, as per Section 12 of the Designs Act, 2000. The application must be submitted with the prescribed form (Form-4) and the relevant fee, as outlined in the Design Rules.

What is a Design?

As defined in Section 2(d) of the Designs Act, 2000, a design refers to the pattern, configuration, shape, lines, or ornamentation of color, or their combination, applied to any 2D or 3D article by any industrial process (manual, chemical, or mechanical). These features must be judged based on their visual appeal to the human eye. However, a design does not include any mode or principle, nor does it cover simple mechanical devices, trademarks, property marks, or artistic works.

Design Registration Renewal and Restoration Explained

  • Renewal of Design: Once a design is registered under the Design Act, 2000, the registered owner is granted protection for 10 years. Under Section 11(2), this protection can be extended for another 5 years. Renewal can only occur after the initial registration period expires, and the Controller will handle the renewal once the owner meets all the necessary requirements.

  • Restoration of Expired Design: If a registered design expires due to failure to pay the renewal fee, the owner can apply for the restoration of the design. As per Section 12 of the Act, the application must be filed within 12 months from the date the design ceases to be in effect, in order to reinstate the expired design.

Requirements for Design Registration Renewal and Restoration

Requirements for Design Registration Renewal:

  1. The application for Design Registration Renewal must be filed before the expiration of the 10-year period.
  2. The renewal of a registered design must be recorded in the Register of Designs.
  3. The Design Wing is required to complete the Design Renewal process within one week of receiving Form-3.
  4. The renewal of the design should be published in the Patent Office Journal by the Design Wing.

Requirements for Restoration of a Lapsed or Expired Design:

  1. The registered owner or their legal representative can apply for the restoration of an expired design.
  2. If the registered owner has failed to update a change of name before or after the expiration, they must first apply for the name change in the Design Register. Restoration applications can only proceed once the name change is reflected in the register.
  3. If the restoration application is filed by someone other than the registered owner, the application must include Form-11 to request a change in name or ownership in the Design Register. Restoration can only proceed once the change in ownership or name has been made.
  4. If the design was owned by multiple individuals, any one individual may apply for restoration without the others, but only with the Controller’s permission.

These guidelines ensure the process is handled correctly and in accordance with the Design Act.

Procedure for Design Registration Renewal and Restoration

Design Renewal Procedure:

  1. The owner of a Design must submit an application for the renewal of Design Registration to the Design Wing.
  2. The application should be filed in Form-3, as prescribed under Rule 23 of the Design Rules, 2001, and submitted to the Design Wing.
  3. Upon submission, the Design Wing will examine whether the application has been filed within the required timeframe.
  4. If the Design Wing confirms that the application is submitted within the prescribed period, it will approve the renewal request. The renewal proceedings should be completed within one week from the receipt of Form-3.
  5. After approval, the renewal will be recorded in the Design Register, and the fact of renewal will be published in the Patent Office Journal.

Design Restoration Procedure:

  1. The applicant must file a restoration application for a lapsed or expired Design with the Controller in Form-4, as per Rule 24 of the Design Rules, 2001.
  2. The application should include a statement explaining the reasons behind the failure to pay the renewal fee on time.
  3. The application must also include supporting evidence demonstrating that the failure to pay the renewal fee was unintentional and that there was no undue delay in filing the restoration request.
  4. If the Controller is satisfied with the evidence provided, indicating the failure to pay the fee was unintentional and that there was no undue delay in filing the restoration, the Controller may approve the restoration of the expired Design.
  5. If the Controller believes there is insufficient justification for the restoration, the registered owner will be notified. The owner may request a hearing within one month of receiving the intimation. If no hearing request is made, the restoration application will be rejected.
  6. If a hearing is requested and the Controller, after reviewing the case, finds the non-payment was unintentional and there was no undue delay in the restoration application, the design will be restored.
  7. Once restored, the design’s restoration will be published in the Official Journal by the Controller