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HomeBlogDuration of Design Protection in India: 10 to 15 Years
Intellectual PropertyTrademark

Duration of Design Protection in India: 10 to 15 Years

Sidharth Ravichandran
Updated:
9 min read
duration of design protection in india

The duration of design protection in India is 15 years, consisting of an initial 10-year term extendable by 5 years through Form-3. Section 11 of the Designs Act, 2000 grants protection and gives the owner exclusive rights over the design’s appearance.

The 10-year term starts from the date of registration, and the owner can extend it by paying the renewal fee before the term ends. A registered design cannot be protected beyond 15 years. After that, it enters the public domain and can be used freely by anyone.

This guide explains the duration of design protection in India, covering when it begins, how to extend it, and what happens after 15 years.

Key Takeaways

  • Design protection in India lasts 15 years after registration under Section 11 of the Designs Act, 2000, with an initial 10-year term and one 5-year extension.
  • The initial 10-year term starts from the date of registration, which is the filing date, or from the priority date when you claim priority from a foreign application.
  • To reach the full 15 years, the owner must file Form-3 with the renewal fee before the initial 10-year term ends. You can apply for the extension any time after registration.
  • If you do not pay the extension fee on time, the Design Office lets the design lapse. You can restore a lapsed design within one year by filing Form-4, subject to the Controller’s approval.
  • After 15 years, the Design Office places the design in the public domain permanently, and it does not allow re-registration, so anyone can use it freely.
  • The renewal fee is ₹2,000 for a natural person, startup, or small entity, and ₹8,000 for other entities.
  • The Design Office grants design protection for a shorter term than a patent (20 years), and it does not allow renewal beyond 15 years, unlike trademarks, which you can renew indefinitely.

How Many Years is a Design Protected After Registration? 

The Design Office protects a registered design for 10 years and allows you to extend it by 5 years under Section 11(2), making the total term 15 years. Here’s how the protection term breaks down:

TermDurationBasis
Initial protection10 years from the date of registrationSection 11(1)
Extension5 additional yearsSection 11(2)
Maximum protection15 yearsDesigns Act, 2000

During this period, the registered proprietor holds an exclusive right, called copyright in the design, and applies the design only to the registered article. No other person can use, imitate, or sell the design without the owner’s consent. Once the 15-year term ends, the Design Office places the design in the public domain, and anyone can use it freely.

Note: The 5-year extension of a design is not automatic. The owner must apply for it and pay the renewal fee before the initial 10-year term expires, or the design lapses.

When Does Design Protection Begin?

The Design Office starts the 10-year protection period from the date of registration, not from the date it issues the certificate. 

Here is how the Design Office determines the start date:

  • For an ordinary application, the 10-year term starts from the filing date in India. 
  • For a priority application under Section 44, it starts from the foreign filing date. 
  • The applicant must claim priority within six months of the first foreign filing.

Note: The Design Office counts the 10-year term of a registered design from the filing or priority date, not from the date it issues the certificate. Since the certificate usually arrives a few months after filing, part of the 10-year term has already passed by the time you receive it, leaving slightly less than a full 10 years of active protection. Track your original filing date, not the certificate date, when planning the design renewal. 

How to Extend Design Protection to 15 Years?

The applicant completes the extension through a simple but time-sensitive step while the design remains active. Timely filing ensures protection continues up to the full 15-year term. Here’s how the extension works:

  • File Form-3 before the term ends: Submit the extension application in Form-3 to the Controller of Designs before your initial 10-year term expires. If you miss this deadline, the design lapses.
  • Pay the renewal fee: Pay the government fee of ₹2,000 if you are a natural person, startup, or small entity, or ₹8,000 if you are another entity, such as a company.
  • Apply early if you prefer: The Design Office allows you to file for the extension any time after registration, so you do not need to wait until the term is near its end.

Note: The Design Office advises you to file the extension well before the deadline, since you can revive a lapsed design only through restoration within one year. 

What Happens If a Design Registration Lapses? 

A lapsed design loses legal protection, so the owner cannot stop others from using or copying it. The Designs Act, 2000, allows the applicant to restore a design within a limited time.

If the owner does not pay the extension fee before the 10-year term ends, the Design Office lets the registration lapse and ends the exclusive rights. During this period, the owner cannot enforce the design, so others cannot be sued for using it. Acting quickly is important to restore protection. To restore a lapsed design, follow these steps:

  • File Form-4 within one year: Apply for restoration by filing Form-4 within one year of the lapse, under Section 12 of the Designs Act, 2000.
  • Explain the delay: Include a statement setting out the reasons for the failure to pay the extension fee on time.
  • Pay the fees: Pay the restoration fee of ₹1,000 for a natural person, startup, or small entity, or ₹4,000 for other entities, in addition to the pending extension fee.

What Happens After Design Protection Ends in India? 

When design protection ends, the owner loses exclusive rights, and anyone can use, make, or sell the design. The owner then moves from exclusivity to open-market competition, so it is important to understand and prepare for this stage. Here’s what this means for the owner:

  • The same design cannot be re-registered: Once a design enters the public domain, the Design Office treats it as no longer new or original, so it does not allow re-registration.
  • New variations can be protected: The owner can create a fresh, original variation of the design and register it as a new design to continue protecting the product’s appearance.

This is why fast-moving industries like fashion, electronics, and consumer products keep innovating and registering new designs to stay protected and competitive.

Note: Plan as the 15-year design protection period nears its end. If the design is central to your brand, consider whether a new, updated design can be registered before the original enters the public domain.

Design Protection Duration vs Other IP Rights

Comparing the durations helps you understand how design protection fits alongside patents, trademarks, and copyright. Here’s how they compare:

IP RightDuration in IndiaRenewable?
Design10 years + 5-year extension (15 years maximum)No, capped at 15 years
Trademark10 yearsYes, renewable indefinitely in 10-year blocks
Patent20 years from filingNo, it cannot be extended
CopyrightAuthor’s lifetime + 60 yearsNot applicable, no renewal needed
Geographical Indication10 yearsYes, renewable indefinitely

Did you know a single missed deadline can end your design’s protection years before the full 15-year term? Renewing on time is what keeps your exclusive rights alive. RegisterKaro handles Design Registration, renewal, and timely reminders, so your protection never slips. Contact us today to protect your design for its full term!